Supreme Court Ruling on Prenuptial Agreements in Italy

The Italian Supreme Court, by its ruling n. 20415 issued on 21 July 2025, has generated significant discussion concerning the enforceability of prenuptial agreements in Italy.

Prenuptial agreements are void in Italy as they are considered contrary to the Italian Public Order, given the risk of undermining the economic position of the weaker spouse or jeopardising the interests of minor children.

In this context, the Italian Supreme Court recognised the validity of an agreement between spouses whereby the husband acknowledged the wife’s financial contributions to the family and undertook to pay her the sum of €146,400 in the event of separation, while the wife agreed to transfer certain movable assets to the husband.

Notwithstanding that this decision has been interpreted by many authors as an endorsement of prenuptial agreements in Italy, it is important to underline that the Supreme Court did not establish a principle affirming their general validity.

On the other side, this ruling is relevant, and it aligns with a progressive jurisprudential trend that admits contractual arrangements of a similar nature, provided that they do not pertain to compulsory maintenance obligations or to other mandatory rights which cannot be waived.

The agreement was upheld on the basis that it was designed to define, in a balanced manner, the financial liabilities and property allocations between the parties, without prejudicing the entitlement to maintenance, which remains inviolable.

Accordingly, while spouses are not yet empowered to regulate all facets of family relations in anticipation of a potential separation or divorce, they may validly agree on specific patrimonial matters, such as debts and property transfers, which may subsequently be taken into account by the court in separation or divorce proceedings.

Giambrone and Partners’ lawyers can assist in connection with financial arrangements in connection with a prenuptial arrangement between a couple prior to their marriage. If you are considering a prenuptial agreement please contact our family lawyers in Italy headed by Alessandro Granvanti.

Alessandro Gravante is a Senior Partner in the Litigation & Dispute Resolution Department of Giambrone & Partners - Studio Legale Associato.

A member of the Bar of Palermo since 2002, Alessandro is also qualified to practice before the Supreme Court of Cassation and the Superior Jurisdictions. After graduating with honours from the Faculty of Law of the University of Palermo, Alessandro obtained a PhD in Private Economic Law from the University of Catania; amongst other courses, he attended a Master's Degree in Comparative and European Law at the Faculty of Political Science of the University of Palermo, passing the final exam with 'distinction and merit', and a Specialisation Course in Family and Juvenile Law organised by AIAF (Italian Association of Family and Juvenile Lawyers).

Alessandro has collaborated with the University of Palermo, Faculty of Economics and Business, Chair of Institutions of Private Law and with the LUMSA University of Palermo - Chair of Institutions of Private Law; he has also lectured during the Euro-Mediterranean Master's Course in International Business and Public Policy - International Business Law Module - organised by CE.RI.S.DI. (Centre for Research and Management Studies).

Alessandro deals with contractual and non-contractual civil liability, professional liability, family law and, in general, civil and commercial litigation, with particular reference to issues involving private international law and the application of EU Regulations. Alessandro has extensive experience in family law, and in particular in cross-border divorce and separation proceedings and international child abduction proceedings. Alessandro is frequently appointed as an Expert in Italian Law by several English, American and Australian Courts to assist foreign Courts in disputes where Italian law applies.

His most recent experiences, Alessandro was invited to appear in person at the High Court of South Africa in Gauteng - Johannesburg, in order to provide the Court with an opinion on Italian family law in relation to a divorce case between Italian citizens. In addition, Alessandro provides opinions to foreign authorities to assist them in the placement of children abroad, and in particular in Italy, following the issuance of Special Guardianship Orders. Alessandro is a member of the International Bar Association (IBA), the International Child Abduction Lawyers Italy (ICALI) and the Pan European Organisation of Personal Injury Lawyers (PEOPIL).

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