COEXITATION CONTRACTS AND PREMATRIMONIAL PATTIONS
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 contracts, recently provided for by our legislator, are agreements with which the couple defines the rules of their cohabitation, through the regulation of the property relationships of the same and some limited aspects of personal relationships (eg the designation of the administrator of support). The agreement can also be used to regulate the financial consequences of the cessation of cohabitation. They can be stipulated by all the people who, linked by emotional bond, decide to live together permanently (so-called cohabitation more uxorio). More precisely, it refers 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 cohabitants of the same sex) or because it is their precise will not to submit to the marriage bond.
This is a contract that can be drawn up by the lawyer to whom the parties turn to obtain a tailored result, if you intend to start a cohabitation or if the need arises to "plan" its development, for example during the purchase of a property or as part of a succession event Together with the client, the lawyer verifies the specific needs of the couple to regulate the various financial aspects. It is possible to regulate the various patrimonial aspects concerning the methods of participation in common expenses, the criteria for attributing ownership of the goods purchased during the cohabitation, the methods of use of the house used as a common residence, the methods for defining mutual relationships. assets in the event of termination of cohabitation in order to avoid, at the time of the rupture, discussions and claims and the right of mutual assistance, in all cases of physical or mental illness (or if the ability to understand and will of one of the is in any case compromised), or the reciprocal designation of support administrator.
From the cohabitation contract legal obligations arise for the parties who have signed it so that the violation of any of the obligations assumed with the cohabitation contract legitimizes the other party to turn to the judge to obtain what is due to it.
Clauses aimed at regulating patrimonial relationships concerning the maintenance, education and upbringing of children are considered admissible, but they are always subject to modification in the interest of the offspring. The parties may reserve the right to withdraw with specific clauses, which may be totally free or be subject to the occurrence of certain events or conditions, may be free or subject to the payment of a penalty to the other party.
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/ Balcone….parmi/contratto-di-convigliamento