Prenuptial agreements have long been a widely discussed topic in Italy and have traditionally not been considered enforceable in the courts. Likewise, spousal agreements that determine financial arrangements or regulate issues such as custody and/or maintenance of children in the event of separation or divorce, have historically been considered invalid in Italy, being regraded as
This article continues our study of the concept of residence which last month focused on rules for personal taxation in Italy. In this article we consider the concept of “habitual residence” in family law matters in the EU. The European Court of Justice (ECJ) recently issued an important judgement on the determination of the “habitual
The Italian Supreme Court has recently ruled in ordinanza No. 35385 of 2023 that the fact of pre-marital cohabitation of the spouses constitutes one of the parameters calculating the divorce allowance. The Court pointed out that pre-marital cohabitation represents “a custom increasingly rooted in the behavior of our society which is accompanied by an increased
