Unitl May of this year there was only marriage for heterosexual couples. For cohabiting couples of all sexual orientation and for same sex couples in fact, of all sexual orientations, there was no protection and no rights. Finally the historical Law was passed n. 76 of May 21st 2016, which shall enter into force on June 5ht 2016
The most important aspect is to have finally introduced civil unions that allow same-sex couples to enjoy civil rights, between them and in the society, substantially equal to those of married heterosexual couples.The other great and interesting new feature is the cohabitation agreements.
They can be used both by heterosexual couples by homosexual couples. These contracts will provide the families a stronger form of protection, particularly regarding the economic and financial aspects. The signature authentication by a lawyer is sufficient for their validity.
We are not yet to “pre-nuptial agreements” or the wedding agreements of the common law, but this could be the great challenge of case law and doctrine in the coming years.
For sure it has become a very topical issue, a solution useful to many people: lawyers with the necessary professional skills and human sensitivity can and must do their part to provide advice and assistance.
(June 3th, 2016 – Avv. Roberto Nicolini)