Verso il riconoscimento dei prenuptial agreements: la svolta giurisprudenziale

Recent case law developments are important milestones in the heated debate surrounding the admissibility of prenuptial agreements in our legal system. Over the past year, the Court of Cassation has recognised the validity of agreements between spouses aimed at regulating their (not only) financial relations in the event of marriage breakdown, considering such an event as a mere condition (lawful) precedent to the contract. Therefore, prenuptial agreements, subject to the limitation of respect for inalienable rights, would constitute an expression of contractual freedom in family law, aimed at realising interests worthy of protection pursuant to Article 1322 of the Italian Civil Code.