Registration of the cohabitation agreement and regularisation of the foreign partner: a case handled by the Boschetti Law Firm
The Studio Legale Internazionale Boschetti successfully assisted a couple resident in Rome in a proceeding aimed at protecting the cohabitation between an Italian citizen and a foreign partner without regular documents. The case arises from the need to find a legal solution that would allow the couple to formalise their relationship and start a path of regularisation of the partner’s position on Italian territory.
The case
In October 2024 Mr M. S., an Italian citizen resident in Rome, contacted the Boschetti Law Firm requesting assistance to regularise the position of his partner, a Chinese citizen without residence documents.
The couple lived stably together and wished to identify a legal solution that would allow their relationship to be formally recognised and to protect the possibility of continuing to live together in Italy.
After an initial assessment of the personal and family situation of the two partners, and the selection of all the possibilities derivable from the legislation on immigration linked to family unity, the Firm identified the cohabitation agreement as the most suitable instrument to formalise the relationship and start the path of legal protection of the couple.
This solution is frequently used in cases where a stable couple wishes to obtain recognition of their de facto cohabitation and access the protections provided by the legal system.
The challenge
The case presented several elements of complexity related to the personal situation of the foreign partner and to the evidence needed to demonstrate the stability of the relationship.
The irregular position of the foreign partner
Mr M. S.’s partner was in Italy without a valid residence permit. This condition made the legal path to be undertaken particularly delicate, since the formalisation of the cohabitation and the possible regularisation had to be managed carefully to avoid negative consequences on her stay in the country.
Proof of the stable relationship
A further relevant aspect concerned the need to demonstrate the real existence of a stable relationship between the two partners.
During the preparation of the file, the couple was invited to provide various elements useful to document the relationship, and so we managed to obtain:
- photographs of daily life together
- videos attesting to the cohabitation
- conversations and communications between the partners
- testimonies of family members and acquaintances.
In many cases, however, the conversations between the two partners were written in Chinese and, in order to be usable in the judicial proceeding, it was necessary to proceed with the official translation of the messages. This activity required the intervention of a professional translator to ensure that the content of the communications could be correctly assessed by the judge.
The collection of the documentation
During the preparation of the application, it was also necessary to collect further documentation useful to demonstrate the personal situation of the foreign partner. A winning move was the taking out of a life insurance policy by the Italian citizen in favour of the Chinese partner, aimed at demonstrating, once again, the genuineness of the relationship.
Among the documents required there was also the certificate of free status, necessary to attest that the partner was not married to or cohabiting with other people at the time of concluding the cohabitation agreement.
The couple therefore started the necessary checks with the competent consulate to obtain the required documentation.
The solution
To protect the couple’s rights, the Boschetti Law Firm structured a legal intervention articulated in several phases.
- Preliminary analysis and legal strategy
In a first phase the Firm analysed the personal situation of the partners and identified the possible legal solutions.
Among the options assessed were:
- the formalisation of the de facto cohabitation
- the filing of a judicial application for the recognition of the relationship
- the initiation of further administrative procedures on immigration.
After a careful analysis of the case, it was decided to proceed with the filing of a judicial application aimed at protecting the cohabitation.
- Preparation of the application
The subsequent phase concerned the preparation of the documentation necessary for filing the application.
The main activities carried out included:
- collection and analysis of the evidence of the relationship
- translation of the documentation in a foreign language
- preparation of the evidentiary attachments
- drafting of the application.
Once the documentation was completed, the application was filed with the competent Court.
- The proceeding before the Court
The application was filed with the Ordinary Court of Rome by means of a precautionary proceeding ante causam pursuant to art. 700 c.p.c., aimed at the urgent protection of the couple’s cohabitation and the recognition of the rights connected to their family relationship.
The proceeding was entered on the register on 11 February 2025. Following the filing of the application, the Firm carried out all the necessary procedural activities, including the notification of the acts to the administrations involved, among them the Ministry of the Interior and Roma Capitale.
By order of the Court, the hearing for the appearance of the parties was set for 5 June 2025, during which the judge directly examined the circumstances of the matter and assessed the documentation produced in support of the stability of the relationship between the applicants.
During the proceeding, Roma Capitale also entered an appearance, represented by the entity’s legal department, which took part in the procedural phase to set out its own defences.
At the end of the investigatory phase, the judge reserved the case for decision. At this stage, however, the matter stalled. The judge was slow in publishing the decision by the judicial authority: for this reason the Firm made numerous reminders to the Court registry, until it obtained the conclusion of the procedure, so as to allow the applicants to proceed with the subsequent formalities.
The decision of the Court
By order registered on 30 October 2025, the Court of Rome upheld the application in full, recognising the merits of the applicants’ reasons and the need to protect their cohabitation.
The decision represented a fundamental step for the recognition of the couple’s relationship and for the subsequent regularisation of the foreign partner’s position.
Moreover, the assistance of the Boschetti Law Firm did not end with the issue of the judicial order. After the Court’s decision, in fact, the Firm continued to follow the clients in the phase of enforcement of the judgment, necessary to give concrete effect to the order.
In particular, various operational activities were carried out, including:
- dialogue with the offices of the Municipality of Rome for obtaining the extracts of the civil status records necessary for the administrative procedure
- reminders to the competent offices in relation to the delays in issuing the documentation
- assistance in the administrative phase following the judicial decision.
During the procedure, some delays also occurred in the publication of the order by the judicial authority.
- Application for the issue of the residence card for a family member of an EU Citizen
Following the granting of the application and the issue of the order by the Court, the Boschetti Law Firm continued to assist the clients in the subsequent phase, aimed at the regularisation of the foreign partner’s position on Italian territory.
In particular, the Firm followed the applicants in the preparation of the application for the issue of the residence card for a family member of a citizen of the European Union, provided for by the legislation on the free movement and residence of family members of EU citizens.
The activity concerned the collection and verification of the necessary documentation, the completion of the postal kit and the sending of the application to the competent offices, as well as the assistance to the clients in the subsequent phases of the administrative procedure.
During this phase the Firm also carried out various dialogues with the competent administrative offices, also in order to obtain the documentation necessary for the procedure and to guarantee the correct enforcement of the judicial order.
The Firm’s work therefore allowed the couple to translate the judicial recognition of the cohabitation into a concrete regularisation of the administrative position of the foreign partner, allowing the start of the procedure for the issue of the residence card as a family member of a citizen of the European Union.
The result
The legal intervention allowed the couple to make real a path of legal protection of their relationship and to obtain the recognition of the cohabitation according to the instruments provided by the legal system.
The case demonstrates how, even in complex situations related to the administrative position of one of the partners, it is possible to identify legal solutions to protect family life. Through a targeted legal strategy and an accurate collection of the evidence of the relationship, it was possible to bring the matter to the attention of the judicial authority and obtain an assessment of the concrete situation of the couple.
What clients tell us in similar cases
“When we started this path we were very worried about our situation. We did not know what the right way was to regularise my partner’s position and we feared that our relationship could not be recognised from a legal point of view. The Boschetti Law Firm accompanied us step by step in preparing the file, explaining clearly which documents were necessary and what the strategy to follow was. Throughout the procedure we received constant updates and very professional support. Thanks to their work we managed to bring our situation before the judge and to assert our rights”.
Duration and team
The proceeding developed over several months. The precautionary application was filed on 11 February 2025. Subsequently the Court set the hearing for the appearance of the parties for 5 June 2025, during which the judge examined the documentation produced and directly explored the aspects of the matter.
At the end of the proceeding, the Court of Rome issued the order by which the application was fully upheld on 30 October 2025.
The overall duration of the judicial phase was therefore about eight months, to which was added the subsequent assistance activity in the enforcement and administrative phase necessary to give concrete effect to the Court’s decision.
The case was handled in joint representation by Avv. Francesco Boschetti and Avv. Francesca Farina, who assisted the applicants in all phases of the file, with the support of the colleagues of the Immigration division.
Do you have a similar case?
Situations like this are more common than one might think. Many couples made up of Italian citizens and foreign partners encounter difficulties in having their relationship formally recognised or in regularising the administrative position of the partner.
In some cases it may be necessary to undertake a legal path to:
- obtain recognition of the de facto cohabitation
- demonstrate the existence of a stable relationship
- protect the right to family life.
Every situation presents specific characteristics and must be carefully assessed.
If you find yourself in a similar situation, it is possible to request a legal assessment to understand which legal instruments can be used to protect your relationship and the right to live together.
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