The Law Firm Cecatiello, with twenty years of experience in family law, matrimonial lawyer, divorce lawyer, assists its customers in the drafting and regulation of cohabitation agreements and carries out specific consultancy activities for the newlyweds before marriage for the planning and management of a possible rupture of the relationship.
In our legal system are not yet foreseen premarital agreements but it is possible for the future spouse to find protection of its assets through other legal forms. For countries where the drafting of pre-marriage pacts the Law Firm Cecatiello guarantees assistance and advice also through foreign professionals connected with the firm.
The cohabitation agreements, recently foreseen by our legislator, are agreements with which the couple defines the rules of their cohabitation, through the regulation of the patrimonial relationships of the same and some limited aspects of personal relationships (for example the designation of the administrator of support). The agreement can also be used to regulate the patrimonial consequences of the cessation of cohabitation. They can be stipulated by all the people who, bound by an emotional bond, decide to live together permanently (so-called cohabitation more uxorio). More precisely, we refer to the union of stable life between two people linked by affection who decide to live together outside the marriage bond or because they are prevented from marrying (for example, two cohabiting partners of the same sex) or because it is their precise intention to not be subject to the marriage bond.
This is a contract that can be drawn up by the lawyer to whom the parties turn to obtain a result, to measure, if you intend to start a cohabitation or the need arises to "program" the development, for example during the purchase of a property or in the context of a succession. The lawyer verifies together with the cient the specific needs of the couple to regulate the different patrimonial aspects. It is possible to regulate the various patrimonial aspects concerning the modalities of participation in the common expenses, the criteria of attribution of ownership of the goods acquired during the cohabitation, the modalities of use of the house used as a common residence, the modalities for the definition of mutual relations assets in the event of termination of cohabitation in order to avoid, at the time of rupture, discussions and claims and the faculty of mutual assistance, in all cases of physical or mental illness (or if the ability to understand and the wishes of one of the parties in any case it is compromised), or the mutual designation of a support administrator.
From the cohabitation contract are born legal obligations to the parties that have signed it so that the violation of some of the obligations assumed with the cohabitation agreement legitimizes the other party to turn to the judge to get what is due.
The clauses aimed at regulating the patrimonial relations inherent to the maintenance, education and education of the children are considered admissible, but clauses are always susceptible of modification in the interests of the offspring. The parties can reserve themselves with appropriate clauses the right of withdrawal may be totally free or be subject to the occurrence of certain events or conditions, may be free or be subject to payment, to the other party, of a penalty.
Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.
For further information: www.altalex.com/[....]/contratto-di-convivenza