Marriage contracts in Italy must be executed before a notary, except that if the spouses choose the regime of total exclusion from co-ownership, the spouses can, at the time of their marriage, make a declaration before the person celebrating their marriage, which must then be registered on the marriage certificate. Nullity proceedings for which a marriage can be declared or annulled are also available. Transnational marriages are transnational divorce. The 1995 Marriage Regulation Act N.218 also applies to divorces and eu regulation 1259 of 2010. If only one of the spouses acted in good faith, the marriage has an impact on that spouse and on all the children. A spouse who has acted in bad faith is required to pay appropriate compensation equal to support for three years and to continue to pay support if no other person is required to assist. Under Italian law, the registration of marriage is not effective, but it is a means of certifying it simply if one considers that the marriage performed abroad is immediately effective. The Italian provisions of international law provide that the Italian courts remain competent for the separation/divorce/cancellation of the marriage in the following circumstances: any lump sum or heritage transfer can only be agreed between the parties themselves to the extent that the Italian Court does not have the power to issue such an order. To be valid in Italy, a marriage performed abroad must meet the following essential conditions under Italian law: 8. Simulation: Marriage may be contested by one of the spouses if they have entered into a marriage after agreeing not to fulfil the obligations arising from it or to exercise the rights that flow from it; The application for nullity must be made within one year of the marriage; it cannot be brought if the spouses lived together as a man and woman after marriage, even for a short time. Because of the functioning of Italian law, the fact that pre-marriage agreements are not strictly applicable does not mean that certain clauses of the agreement cannot be separated and can therefore be considered binding on the parties. However, as noted above, any provision that attempts to thwart or not the parties` will to divorce would be technically non-binding. If the spouses are in good faith (i.e.
they were not aware of the obstacle when they were married), the marriage is considered valid until they are annulled and the annulment is effective only from the date of the order (the “putative nehe” principle (matrimonio putativo).) A marriage declared null and bad has the effect of a valid marriage with respect to the children, even if both spouses acted in bad faith. Italian law 218/1995 stipulates that marriages contracted abroad – between Italian citizens, foreign and Italian nationals or foreign nationals residing in Italy – are regulated: the above scenarios are indeed quite common, and it is for this reason (especially in cases of “large money” or where the overall composition of pre-marital wealth is relatively complicated or probably complicated) that the spouses try to mitigate any disagreement on the distribution of assets during divorce by concluding a pre-marital agreement of a similar contract. The same is true for any country where pre-marriage agreements are common. These checks are also carried out when both spouses apply for a joint divorce; The agreement of the spouses is not in itself grounds for divorce – in reality, in Italy, there is no divorce by mutual agreement: the court must always establish the facts on the basis of the application before the divorce.