Family law

For two people who have an emotional bond and want to live together in Italy, Italian law provides any alternatives:

- First, marriage, which is only permitted between people of different sexes, and which can be celebrated with a religious rite or a civil rite, in the latter case before the mayor of the municipality in which one resides or before an official delegated by him. The Italian civil code contains the rules that govern the married life of spouses, the duties towards children as well as the modalities of a possible separation. A special law regulates the modalities of divorce, or the cessation of the civil effects of marriage. Italian law does not recognize the validity of the stipulation of pre-nuptial agreements

- The second way of being together is cohabitation, which is recognized and regulated by a recent law, no. 76 of 2016, which is called the “Cirinnà law”, from the name of the deputy who promoted it. Cohabitation can be established by people of different sexes or even of the same sex, and can be achieved simply with a declaration issued to the official of the Municipality where one lives; if the cohabitants want to regulate their relationships in more detail, they can stipulate a cohabitation contract in the presence of a lawyer, which will then be filed with the registry office of the municipality.

- The third way of being together is the civil union, which is a modality reserved for people of the same sex. According to law no. 76 of 2016 "Two adults of the same sex can form a civil union, by means of a declaration before a civil status official and in the presence of (at least) two witnesses".

Can a European citizen, or a non-EU citizen legally resident in Italy who is involved in one of these types of relationships, request a residence permit in favor of his non-EU partner? In the case of marriage and civil unions, certainly yes; in the case of cohabitation, you must prove that this cohabitation is stable, and therefore at least a cohabitation contract is necessary.