Family

Marriage Agreements Between Spouses

One of the most important aspects of family law is the management of property relations between spouses. Italian law provides several property regimes that can be adopted by spouses during marriage, each with specific legal implications.

Communion of Goods

Under the community property regime, property acquired by spouses during marriage belongs to both equally, regardless of which spouse materially acquired it. This regime applies automatically in the absence of a different choice by the spouses.
However, it is important to note that not all property falls under community property. For example, personal property acquired before marriage, inheritances and gifts received during the marriage are excluded. Our firm offers advice on properly managing community property, ensuring that the rights of each spouse are respected.

Separation of Assets

In the separation of property regime, each spouse retains sole ownership of the property he or she acquires during the marriage. This property regime is an explicit choice that must be formalized through a marriage agreement executed before a notary public.
Our firm provides assistance in drafting and entering into marriage agreements for the separation of property, ensuring that all legal formalities are met and that the agreement is fair and in accordance with the wishes of the spouses.

Conventional Communion

Conventional community property is a variant of community property that allows spouses to change certain rules of the standard regime. For example, spouses can decide to include or exclude certain assets from community property.
This type of agreement requires the drafting of a specific agreement and must be carefully considered in light of the couple’s needs and property goals. Our firm offers advice on drafting conventional communions, ensuring that the agreement is clear and respects the legal needs of the spouses.

Wealth Fund: Protection of Family Assets

An estate trust is a legal instrument that allows spouses to allocate certain assets — real estate, movable or capital — for the protection and management of family needs. Assets placed in the estate trust are tied up and can be used exclusively for the needs of the family, protecting them from legal action for debts incurred outside of family needs.
The estate fund is a particularly useful tool for:

Studio Notarile Ferraro offers complete assistance in the establishment of an estate fund, ensuring that the assets contributed are protected and that the act of establishment complies with all legal formalities required by Italian law. We also handle the management and modification of the estate trust over time, ensuring that it always meets the needs of the family.

Marriage Conventions: Customizing the Marital Regime

Marriage agreements are agreements made between spouses to regulate the property aspects of marriage. These agreements must be drawn up by public deed before a notary public and may cover, for example:

A marriage agreement offers spouses the opportunity to manage their assets more flexibly, tailoring the property regime to their specific needs. Our firm advises on drafting and entering into prenuptial agreements, ensuring that all formalities are met and that the agreement clearly reflects the wishes of the spouses.

Protecting Family Assets: Planning for the Future

The protection of family assets is one of the main goals of family law. Through legal instruments such as estate trusts, gifts or donations, it is possible to plan the management and transmission of wealth, ensuring that assets are preserved and can be used for the family’s well-being well into the future.
Ferraro Notary Firm offers assistance with estate planning, helping families make informed and confident decisions about asset management. We provide personalized advice to ensure that assets are protected and that their management meets the needs of spouses and children.

Legal Assistance for Separation and Divorce

When the marriage ends, a number of property issues related to the division of property must be addressed. Ferraro Notary Firm offers legal assistance in the stages of separation and divorce, helping spouses reach agreements that are fair and respectful of the rights of both parties.
We handle the drafting and formalization of agreements of: