Separation

Living together without being married can raise important legal and financial questions. Unlike married couples, cohabiting partners do not have automatic rights over each other’s property or assets. But since Law no. 76/2016 (the “Cirinnà Law”), cohabiting partners can formalise aspects of their life together and protect themselves with a clear, written agreement that can help protect both parties and avoid disputes in the future.  

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HOW CAN VARDAGS HELP YOU? 

Property and Financial Matters 

The division of assets depends on whether a cohabitation agreement was signed: 

• Without a Cohabitation Agreement: Each partner retains ownership of assets acquired in their name. Contributions made during the relationship (financial or otherwise) are generally considered non-refundable, unless they are disproportionate to the contributor’s means. Jointly owned assets are subject to standard co-ownership rules. 
• With a Cohabitation Agreement: Italian Law allows partners to regulate financial matters through a written agreement to define how financial and property matters will be managed during the relationship and in the event of separation or the premature death of one partner. Vardags can help you to set clear terms in advance, providing security and peace of mind for both parties.  

Right to Maintenance 

• Unlike spousal support, the financially weaker partner may request maintenance only if they are in need and unable to support themselves. This is granted by a judge and is limited to basic living needs, proportionate to the duration of the relationship. 

Child Protection 

• Parental responsibilities remain unchanged after separation. Children born out of wedlock have equal rights. In case of disagreement, the court decides on: custody (typically shared), residence, visitation, child support, extraordinary expenses. 

WHY CHOOSE VARDAGS? 

Facing a separation or divorce involves making decisions that can have a significant impact on your personal, family, and financial circumstances.

In this context, it is essential to have access to legal advice that is experienced, attentive, and strategically focused.

Vardags advises clients on all aspects of family law, with experience in matters involving international elements, complex asset structures, company interests, trusts and significant financial issues.

Our lawyers support clients throughout every stage of the process, from arrangements concerning children and family life to the protection of financial and property interests, adopting a rigorous, discreet and solution-focused approach tailored to the specific circumstances of each case. If you are facing a separation or divorce, please contact us for a confidential consultation.

We will take the time to understand the circumstances of your situation, explain the options available to you and support you in making informed decisions about your future and that of your family.

Our objective is to provide specialist, personalised advice that reflects the personal, family, and financial considerations unique to each client.

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