Pre or post-nuptial agreement and divorce: some observation about Italian current approach and outlook

Di Carlo Rimini -

The Italian Corte di Cassazione has always stated that the agreements in contemplation of a future divorce are null and void. Nevertheless there is a significant evolution in Italian family law: values of self-determination and negotiability are emerging notwithstanding the general rule mentioned in art. 160 cod.civ. Two decisions from the Corte di Cassazione in 2012 and 2014 confirm that the times are perhaps ready for a change in the traditional approach even if the way towards a solution to the problem of the validity of the prenups in Italy is still long and winding. We try to follow a rational approach to the issue, by making a proposal for a solution within the Italian law.