Thinking of Getting Married in Italy? Here's What Every Expat Should Know About Property Regimes and Asset Protection in Divorce

Italy is a dream destination for weddings—but that romantic backdrop can come with serious financial consequences if you're not aware of the legal implications of marriage under Italian law.

If you're an Anglo-American expat used to systems like English equitable distribution or US community property law, marrying in Italy without proper planning could jeopardize your assets, business holdings, or financial independence in case of divorce.

Let's explore the hidden risks and how to protect yourself.

Italian Matrimonial Property Regimes: What Are You Signing Up For?

When two people marry in Italy, they must select a marital property regime. If they don't, the default regime applies automatically: the legal community of property.

Under this regime:

Any property, income, or investment acquired after the marriage is jointly owned—even if purchased by only one spouse.

Gifts and inheritances are generally excluded.

Debts can impact both spouses, depending on how the asset was used.

This setup may surprise expats who expect a “what's mine stays mine” approach. In the UK, for instance, courts apply a principle of fairness, adjusting settlements based on contribution, need, and future prospects. In Italy, by contrast, legal rules prevail over equity.

Separation of Property: The Safer Option for International Couples

To avoid default joint ownership, couples can opt for the separation of property regime, either at the time of marriage or later by notarial agreement.

Benefits of separation of property:

Each spouse retains ownership of what they purchase or earn during the marriage.

Useful for protecting business assets or personal wealth.

Facilitates asset division in the event of divorce or legal separation.

But here's the catch: this choice must be made explicitly and formally. Many foreign couples are unaware that doing nothing means sharing everything.

Divorcing in Italy vs. England or the US: What's the Difference?

In England, divorce courts have broad discretion to achieve a fair outcome—even if one spouse holds all the assets. The goal is to balance financial outcomes through equal or equitable distribution.

In Italy:

Courts apply the chosen property regime without discretion to redistribute assets.

The spouse with fewer assets may qualify for a divorce allowance, but there's no forced rebalancing of ownership.

Asset protection strategies are essential before or during marriage—not after.

As explained in How to Live, Marry and Divorce in Italy, “the contribution made by each spouse to the acquisition of assets has limited impact if legal community applies, as assets are split 50/50 regardless of contribution”.

Why This Matters for Expats and Mixed-Nationality Couples

If you or your partner is a foreign national, you are likely managing cross-border investments, inheritance rights, or even corporate structures. Without tailored planning:

You might lose control over international real estate or shares.

One spouse could become liable for debts or tax issues tied to jointly held assets.

You could face jurisdictional uncertainty in case of separation abroad.

Worse still, Italian law does not automatically recognize prenuptial agreements from common law countries unless they comply with specific EU or bilateral legal frameworks.

What You Can Do: International Asset Protection Starts Before the Wedding

From my legal practice and as illustrated in How to Live, Marry and Divorce in Italy, the best way to prevent costly disputes is to:

Choose the right property regime before or shortly after marriage.

Sign a legally binding separation of property agreement (deed of separation of property).

For more complex wealth structures, consider:

Patrimonial Funds

Family Trusts

Destination bonds.

Where possible, integrate a choice of applicable law clause under EU Regulation 2016/1103, allowing you to apply your national law (eg English or US law) to certain aspects of your marriage.

Conclusion: Love Is Universal—But Law Is Not

Marrying in Italy offers charm, tradition, and emotional meaning. But expats must also approach it as a legal contract. Failing to understand or properly manage your marital property regime can result in unintended asset division, tax exposure, or loss of financial autonomy in case of separation.

As a cross-border family law expert, I strongly advise every expat marrying in Italy to seek tailored legal advice and proactively define their marital regime—before love turns into litigation.