{"id":2215,"date":"2024-10-21T11:16:06","date_gmt":"2024-10-21T09:16:06","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2215"},"modified":"2026-07-10T11:26:38","modified_gmt":"2026-07-10T09:26:38","slug":"civil-unions","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/civil-unions\/","title":{"rendered":"Civil unions"},"content":{"rendered":"

Civil unions in Italy<\/h1>\n
Civil unions represent a legal institution designed for same-sex couples, that guarantees rights and duties similar to marriage, while retaining significant legal differences. In any case, Italian law recognises specific protections for the partners and provides specific rules for any dissolution.<\/div>\n
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Civil unions, introduced in Italy with the Legge Cirinn\u00e0 of 2016, represent a fundamental step in the legal recognition of relationships between persons of the same sex, while remaining an institution clearly distinct from marriage. The civil union ensures mutual rights and duties, offering a regulatory framework that protects both the affective and the patrimonial aspects of couples. The complexity of the rules, sometimes combined with international nuances, requires qualified legal assistance from professionals capable of mastering the matter.<\/span><\/p>\n

Boschetti Studio Legale stands out for its in-depth experience in family law and the ability to handle the particularities of civil unions, providing a highly tailored service. Our team specialises in legal assistance at every stage of the process: from the constitution of the civil union, with the preparation of the necessary documentation, to the management of the patrimonial and successoral implications. Particular attention is reserved to couples with international elements, thanks to our expertise in private international law and immigration law.<\/span><\/p>\n

We commit ourselves every day to providing transparent and professional advice, with an approach that values individual needs and ensures peace of mind during every legal phase, thanks to a team of lawyers capable of exercising the professional role with humanity and empathy. Our mission is to ensure impeccable legal assistance, supporting the rights of all same-sex couples against any form of discrimination.<\/span><\/p>\n<\/div>\n

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Definition of civil union and reference regulatory framework (Legge Cirinn\u00e0)<\/h2>\n<\/div>\n
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The civil union<\/strong> represents the legal recognition of the relationship between persons of the same sex, introduced into the Italian legal system by the Legge 76\/2016, known as Legge Cirinn\u00e0. It is an institution that confers equal legal and social dignity on homosexuals, who as persons hold fundamental rights that, with the aforementioned law, the legislator finally guarantees and protects.<\/span><\/p>\n

The law on civil unions in Italy has brought the country into line with European standards in matters of civil rights, offering legal protection to same-sex couples. In particular, Italy has aligned itself with the German model, given that in Germany the institution of civil unions is also in force, distinct from marriage which is based on a heterosexual model.<\/span><\/p>\n

Boschetti Studio Legale<\/span><\/strong> puts its experience at the disposal of same-sex couples who wish to undertake this path, offering specialist legal support at every stage: from the verification of the necessary requirements to the management of the patrimonial and personal aspects of the relationship. Our team of professionals follows with care both Italian couples and those with international elements, ensuring tailored advice that takes into account the specific needs of each situation.<\/span><\/p>\n

We always wish to stress that the civil union is more than a social formation: it represents a true legal model of family, introduced into our legal system to ensure mutual rights and duties between the parties, similar to those provided for marriage, but reserved to same-sex couples. This institution protects not only affective bonds, but also the patrimonial and personal aspects of cohabitation, providing for obligations of moral and material assistance, cohabitation and contribution to common needs. <\/strong>The civil union is a fundamental step towards the recognition of the dignity and equality of all families, strengthening the protection of individual rights in the family context. Suffice it to note that the legal protection guaranteed by the legislation also includes aspects such as the right to healthcare assistance, decisions in case of illness and the possibility of taking over the lease agreement.<\/strong><\/span><\/p>\n

The regulatory framework<\/span><\/strong> defines with precision the modalities for the constitution of the civil union and governs, in addition to the aspects already indicated concerning the conduct of life as a couple and its legal implications, also the causes that may prevent the constitution of the bond and the procedures for dissolution, which may derive from the will of the parties, from serious breaches of duties, or from particular circumstances such as the rectification of sex.<\/span><\/p>\n

It can legitimately be argued that the Legge Cirinn\u00e0 has introduced a legal institution parallel to marriage but with specific features. The parties civilly united acquire a recognised legal status, which entails the assumption of rights and responsibilities towards the partner and society. The legal effects of the civil union, as has already been observed, extend to various areas: from the personal sphere to the patrimonial one, from successions to social security.<\/span><\/p>\n

Furthermore, the civil union is treated as equivalent to marriage also for the purposes of the application for Italian citizenship.<\/strong> Therefore, the foreign citizen who is a party to a civil union with the Italian citizen may apply for Italian citizenship pursuant to artt. 5 et seq. of the legge 5 febbraio 1992 n. 91, after two years of residence following the stipulation of the union, or three, if the civil union is formalised abroad.<\/span><\/p>\n

For those wondering how to enter into a civil union<\/strong>, it is important to consult a law firm specialised in family law, also with international expertise, where foreign partners in Italy are involved. We at Boschetti Studio Legale can put on the field our experience in international law, immigration law and the matter of Italian citizenship, and at the same time we can rely on a team of family lawyers expert in the submission of the application for civil union<\/strong> and of all the connected aspects and formalities.<\/span><\/p>\n<\/div>\n

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Differences between civil union and marriage<\/h2>\n<\/div>\n
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Before asking what is the difference between civil union and marriage<\/strong>, one must start from the statement that civil unions and marriage have in common the underlying homogeneity of the bond as a couple, that is an affective bond of a family nature, from which the application to both situations of an at least partly common set of rules cannot be excluded.<\/span><\/p>\n

Nevertheless, it is undeniable that the rules introduced with the legge 20 maggio 2016 n. 76 have created a new legal institution, civil unions, which remains clearly detached from that of marriage. While recognising numerous rights already provided for spouses, including patrimonial rights, hereditary rights and the protection of the economically weaker partner, the legislation has maintained a clear distinction between the two institutions. This is evident both in the aims of the law and in the legislative technique adopted, which has deliberately avoided any symbolic reference that could assimilate the civil union to traditional marriage.<\/span><\/p>\n

It is particularly significant, in this respect, that the civil union does not provide for the obligation of fidelity<\/strong> (understood broadly, not only sexual fidelity), which is instead enshrined in art. 143 of the codice civile for couples united in marriage. From the parliamentary works it is not possible to understand whether this was a deliberate and considered omission or otherwise; nevertheless, it appears anomalous, to say the least, that a family composition founded on the recognition of the affective stirring felt by its partners, worthy of being recognised by supranational legislation and by the principle set out in art. 2 of the Costituzione, should not be based also on the obligation of fidelity, as is the case for heterosexual couples.<\/span><\/p>\n

In any case, the distinction between marriage and civil union, while present and tangible, can never justify unreasonable discrimination.<\/strong> Art. 3 of the Costituzione itself, recalled in the legislation, requires equality of treatment, a principle reaffirmed by the Corte costituzionale in judgment 138\/2010. To this end, the legislator has provided for the so-called clause of equivalence, contained in paragraph 20 of the law. This extends to the parties of the civil union all the provisions concerning spouses, including regulatory references to terms such as “spouse” and “spouses”. This entails the application of the matrimonial rules in areas such as social security, assistance, tax benefits and immigration regulations.<\/span><\/p>\n

The creation of civil unions represents a first significant step towards the recognition of families formed by same-sex couples. Nevertheless, the debate is still open on the introduction of legislation that establishes equal marriage, an objective that appears necessary to fully overcome any form of discrimination. The Corte costituzionale and the Corte di Cassazione, in various rulings, have confirmed that marriage is reserved for heterosexual couples, leaving Parliament free to legislate on its possible extension to same-sex couples. The legislative choice to introduce civil unions, rather than open up to equal marriage, has probably reflected a political will of mediation, considering the difficulties of obtaining a wider consensus on a rule establishing absolute parity between the two institutions.<\/span><\/p>\n

This new institution presents, therefore, a balance between innovation and conservation. On the one hand, numerous rights are recognised for same-sex couples; on the other, an effort is made to respect the symbolic and cultural ties that traditionally characterise marriage. Nonetheless, it is desirable that the legislator may in the future address the issue of marriage for same-sex couples, overcoming the residual disparities of treatment and ensuring full legal parity.<\/span><\/p>\n<\/div>\n

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Procedure for the constitution of the civil union<\/h2>\n<\/div>\n
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The procedure to constitute a civil union between persons of the same sex <\/strong>takes place through a declaration made personally by the parties before the registrar of civil status and in the presence of two witnesses, without any solemnity of celebration recalling marriage, but with a formal procedure that ensures its legal validity.<\/span><\/p>\n

The procedure is distinguished by the soberness of its modalities: the parties express the will to constitute a civil union by means of a simple declaration, without a specific venue being provided for the formalisation, as instead happens for marriage at the municipal hall. This element reduces the symbolic association with marriage, while retaining a clear legal connotation. The declaration is documented in writing, with the identification of the parties, of the witnesses and the necessary signatures, respecting a precise order: first the parties, then the witnesses, and finally the registrar of civil status.<\/span><\/p>\n

The registration of the civil union<\/span><\/strong> is a crucial step and takes place in the civil status archive, in accordance with the provisions of the codice civile. The legislation does not specify a separate register for civil unions, leaving open the interpretation as to the use of paper or digital media. Nevertheless, the legal preservation of the original act remains mandatory, distinguishing the act of constitution from its official registration, which certifies its legal validity and allows it to be proven in social relations.<\/span><\/p>\n

The parties involved must be of age, and the legislation does not allow derogations, exempting or authorising unions for minors, as instead happens in some cases for marriage. This regulatory rigour underlines the need for full awareness in taking a step that affects personal status and mutual responsibilities.<\/span><\/p>\n

Although the civil union is distinct from marriage, the legislation reflects a process of approximation that aims to ensure non-discriminatory treatment, respecting the fundamental right of persons of the same sex to access a form of legal recognition of their relationship. As has already been observed, this process appears as a compromise between the need for recognition and the will not to symbolically overlap the two institutions.<\/span><\/p>\n

Finally, the documentation of the civil union allows to overcome any misunderstanding in social relations, since the act of constitution serves as decisive proof of the existence of the bond. The distinction with respect to de facto cohabitation is made evident precisely through the formalisation and official registration, which establish the civil union as a new legal institution endowed with full legal relevance.<\/strong><\/span><\/p>\n<\/div>\n

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Rights and duties of the parties<\/h2>\n<\/div>\n
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The legge 20 maggio 2016, n. 76, known as Legge Cirinn\u00e0, establishes civil unions between persons of the same sex, conferring on the parties rights and duties analogous in many respects to those of marriage. For example, with the constitution of the civil union, the parties “acquire the same rights and assume the same duties” (art. 1, comma 11), such as the mutual obligation of moral and material assistance and the duty of cohabitation<\/strong>. Indeed, as has been seen, the legislator has excluded for the civil union between persons of the same sex the first general rule of marriage, laid down by art. 143 of the codice civile, which provides for “the mutual obligation of fidelity”, but has kept intact the obligations of “mutual moral and material assistance and of cohabitation.”<\/span><\/p>\n

Both partners of the civil union are required to contribute to common needs, proportionally to their economic resources and working capacities, including domestic activities.<\/span><\/p>\n

The parties agree on the orientation of family life and establish a common residence<\/strong>. Furthermore, they may choose a common surname among their own, with the possibility of placing before or adding their own surname to the chosen surname (art. 1, comma 10). For example, two partners who unite civilly might decide to adopt the surname “Rossi” as the common surname, with the possibility for one of the two to use it together with his or her own, such as “Bianchi Rossi”.<\/span><\/p>\n

The patrimonial regime of the civil union is, in the absence of different agreements, that of community of property<\/strong> (art. 1, comma 13). This means that, unless otherwise agreed, all assets acquired during the union belong to both in equal measure. The parties may nonetheless enter into different agreements, such as the separation of property, following the rules provided by the codice civile.<\/span><\/p>\n

On the level of protection, in the case of harmful conduct, such as violence or serious moral or physical harm caused by one party to the other, “the judge, on application of the party, may adopt by decree one or more of the measures referred to in article 342-ter of the codice civile” (art. 1, comma 14). This allows, for example, the issuance of a restraining order against the responsible partner.<\/span><\/p>\n

The law also equates civil unions to marriages in many administrative and legal areas through the clause of equivalence: “The provisions referring to marriage and those containing the words ‘spouse’, ‘spouses’ or equivalent terms [\u2026] also apply to the parties of the civil union between persons of the same sex” (art. 1, comma 20). This entails the recognition of rights such as the reversibility of the pension<\/strong>, social security protections and the right of succession<\/strong>. In the field of social security, in particular, the rights include healthcare assistance through the extension of insurance coverage to the partner, the right to family allowances and to social security benefits. In the workplace, the parties may benefit from parental leave and from leave for assistance to the partner. Furthermore, in case of illness, each party has the right to assist the partner and to take decisions regarding medical care when the other is unable to do so.<\/span><\/p>\n

In case of dissolution of the civil union<\/strong>, the procedure follows rules similar to those provided for divorce. For example, the parties may also separately express the will of dissolution before the registrar of civil status. After three months, it is possible to start the proceeding for the cessation of the union.<\/span><\/p>\n

Finally, the law governs exceptional situations such as the case of rectification of sex of one party. In such circumstances, if the spouses choose not to dissolve the marriage, this is automatically transformed into a civil union. These examples show how the Legge Cirinn\u00e0 ensures a complete and protective regulatory structure for same-sex couples, offering legal parity and adequate instruments of protection.<\/span><\/p>\n

The constitution of a civil union entails the acquisition of mutual rights and duties between the parties, who undertake to share a common life based on mutual respect and support. The legal protection<\/strong> extends also to relations with third parties. The parties civilly united may take over the lease agreement in case of death of the partner who is the holder and have the right to compensation for damage in case of death of the partner due to an unlawful act of third parties.<\/span><\/p>\n<\/div>\n

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Patrimonial regime of the civil union<\/h2>\n<\/div>\n
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The legge Cirinn\u00e0 of 2016 establishes the patrimonial regime for civil unions between persons of the same sex, drawing on the rules of marriage, but with some specificities. In the absence of a different choice by the parties, the applicable patrimonial regime is that of community of property. This means that the assets acquired during the union become common property, save for exceptions such as personal assets acquired before the constitution of the union (art. 1, comma 13).<\/span><\/p>\n

The parties have the option to opt for a different regime, such as the separation of property, by means of a patrimonial agreement entered into in accordance with the provisions of the codice civile, in particular articles 162 et seq. The agreement must be formalised by public deed or authenticated private writing, in order to ensure clarity and mutual protection.<\/span><\/p>\n

The provisions of the law also provide that the parties may not derogate from the rights and duties provided by the legislation as a result of the civil union. In particular, certain rules of the codice civile are applicable to civil unions, including those relating to simulation and modification of patrimonial agreements, as specified in the legislative text.<\/span><\/p>\n

An important aspect concerns the successoral regime: the clause of equivalence (art. 1, comma 20) extends to civil unions the patrimonial provisions provided for spouses. For example, the surviving party has the right to the reserved share and to participate in the succession of the other party according to the same rules applicable to marriages. Furthermore, social security rules provide that the surviving partner may benefit from reversibility pension treatments.<\/span><\/p>\n

The law also governs the effects of the dissolution of the civil union. In case of cessation of the relationship, the resolution of the community of property follows the rules provided for marriage, ensuring an equitable division and respecting any patrimonial agreements in force. The parties must also address any economic obligations, such as the payment of a maintenance allowance in favour of the economically weaker partner, where the conditions are met.<\/span><\/p>\n

Finally, the legislation provides that information on the patrimonial regime chosen is recorded in the document attesting to the constitution of the civil union, together with the registry data of the parties, of the witnesses and the common residence. This ensures transparency and enforceability against third parties.<\/span><\/p>\n

The patrimonial regime of civil unions is thus configured as a flexible and protective instrument, that allows the parties to manage their assets and economic responsibilities in a way that is fair and consistent with their personal choices.<\/span><\/p>\n<\/div>\n

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Dissolution of the civil union<\/h2>\n<\/div>\n
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The dissolution of a civil union may take place for various reasons, including the will of the parties, the death of one of the partners or the registry rectification of sex. The law governs the procedure to ensure equitable treatment in line with family law rules.<\/span><\/p>\n

The parties may decide to dissolve the civil union by expressing their will before the registrar of civil status, also separately. Subsequently, after at least three months have elapsed, one of the parties may submit a formal application of dissolution to the competent tribunal (art. 1, comma 24). This interval was introduced to allow a period of reflection before the definitive formalisation of the separation.<\/span><\/p>\n

In case of death of one of the partners, the dissolution of the union takes place automatically. The same principle applies if presumed death is declared. Furthermore, a judgment of rectification of sex of one of the two partners entails the dissolution of the civil union, unless the partners have expressed the will to convert the bond into marriage.<\/span><\/p>\n

The law recalls certain provisions already provided for marriage, such as those of the legge n. 898 del 1970 on divorce, adapting them to the context of civil unions (art. 1, comma 25). For example, the patrimonial division follows rules similar to those provided for spouses, taking into account any patrimonial agreements in force and the economic needs of the economically weaker partner.<\/span><\/p>\n

It is provided that the judge may establish economic obligations between the parties, such as a maintenance allowance, where one of the two finds himself or herself in a condition of particular economic fragility at the time of the dissolution. Such obligations are assessed on the basis of the duration of the union and the personal and economic circumstances of the parties.<\/span><\/p>\n

Boschetti Studio Legale, with its team of lawyers expert in family law, offers comprehensive assistance for the procedures of dissolution of civil unions. The firm supports clients in the management of all legal aspects, including patrimonial negotiation, the resolution of disputes and the definition of maintenance agreements. Furthermore, it provides tailored advice to address complex cases, such as those related to the registry rectification of sex or to the division of common assets. Thanks to a professional approach attentive to the needs of the clients, Boschetti Studio Legale ensures effective assistance respectful of the rights of the parties involved.<\/span><\/p>\n<\/div>\n

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Civil union and foreigners: civil unions between foreign citizens or with international elements<\/h2>\n<\/div>\n
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The rules on civil unions take on particular complexity when one or both partners are foreign citizens or when international elements are present.<\/span><\/p>\n

Pursuant to article 32-bis of the Decreto Legislativo 19 gennaio 2017, n. 7, in such cases the principles of private international law apply, governed in Italy by the Legge 31 maggio 1995, n. 218. This legislation provides that the law applicable to civil unions, where citizens of different States are involved, is that of the State with which the union has the closest connection. This criterion is defined with reference to the habitual residence of the partners or, in its absence, to common citizenship. Nevertheless, the Italian legal system sets as a limit the necessary conformity with Italian public order, so that any foreign rules that are in conflict with the fundamental principles of our legal system cannot be applied.<\/span><\/p>\n

Another relevant provision is contained in the Decreto Legislativo 19 gennaio 2017, n. 51, which has introduced specific procedures for the recognition of civil unions constituted abroad. Pursuant to the decree, a civil union validly formed in another country may be recognised in Italy, provided that the substantive and formal requirements comply with national legislation. Among these, the absence of impediments such as a pre-existing union, kinship or affinity between the partners is essential.<\/span><\/p>\n

Furthermore, private international law addresses the issue of the formalities of celebration of civil unions when Italian citizens unite civilly abroad. Article 28 of the Legge n. 218\/1995 provides that the forms and modalities of celebration are valid if they comply with the law of the State in which the union was celebrated. This principle is particularly important to ensure the recognition of civil unions abroad also in Italy.<\/span><\/p>\n

Finally, Italian legislation provides for particular cautions towards foreign citizens who intend to constitute a civil union in Italy. According to the Legge n. 76\/2016, it is necessary that the foreign partner produce a certificate issued by the competent authority of his or her country, attesting the absence of legal impediments to the civil union. Nevertheless, this requirement may be derogated where the issuance of the certificate is not possible for reasons independent of the will of the applicant.<\/span><\/p>\n

Boschetti Studio Legale, thanks to the expertise of its lawyers expert in international family law, offers specialist assistance to address the regulatory and procedural complexities of civil unions with international elements. From advice on applicable law to the management of bureaucratic procedures, the firm ensures comprehensive support to protect the rights of the partners and facilitate the recognition of their unions in Italy.<\/span><\/p>\n<\/div>\n

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Legal advice for civil unions<\/h2>\n

how we can help you<\/p>\n

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The civil union represents a fundamental step for many same-sex couples, ensuring rights and duties similar to those of marriage, but also legal specificities that require adequate understanding and management. Boschetti Studio Legale, with its team of lawyers expert in family law, is at your side to offer comprehensive support in every legal aspect related to civil unions.<\/span><\/p>\n

Here is what we can do for you:<\/span><\/p>\n