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 jeopardizing the interests of minor children.
In this context, the Italian Supreme Court recognized 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.