Citywealth Quick Insight Series on Italian Divorce and Family Law Trends – Alessandro Gravante​, Giambrone & Partners

Date: 04 Feb 2026

Karen Jones

This week’s Quick Insight Series on Italian Divorce and Family Law Trends – Alessandro Gravante​, Senior Partner at Giambrone & Partners.

In very substantial divorces, clients often assume a strict 50/50 split. How does the sharing principle apply in big-money cases in Italy, and what factors most commonly lead to departures from equality?

In Italy there is a significant difference if the spouses are in community of property or separation of property .

When the spouses are married in separation of property regime, each party will keep his/her own money and assets, so the only assets to be shared are the one in both names.

When the parties are under community of property regime, any asset acquired after the marriage is considered in community so it becomes joint ownership between the spouse and it will need to be split 50/50.

When the bulk of wealth is in illiquid holdings such as private company shares, private equity, or family businesses, what are the biggest valuation challenges and how can clients best protect their core interests?

The best way to protect client’s core interests in Italy is choosing the separation of property regime.

When the spouses are under a community of property regime, company shares are considered common assets and so it is considered their increased value after the marriage. This may bring to serious issues in case of divorce as the other spouse may affirm his/her property rights on the shares.

Clients expecting future liquidity events (earn-outs, carried interest vesting, or business sales) frequently ask whether their spouse will share in money that arrives after separation. How are deferred or contingent assets handled in Italy?

Once the spouses are authorized to live separately, any future income or asset pertains to the receiving party so the ex-spouse has generally no rights on it.

In Italy, the only future liquidity event that is due to be shared with the ex- spouse after divorce is the Severance Pay that is due after retirement; in this case, the ex-spouse who receives spousal maintenance is entitled to get the 40% of the Severance Pay to be calculated for the numbers of years in which the parties were married.

In cases worth hundreds of millions, how much practical difference do findings of litigation conduct or non-disclosure make to the final award, and what level of evidence is typically required today – for example, in Michael v Michael (a recent sham trust case)?

In Italian separation and divorce proceedings, both spouses must lodge in Court the last 3 years’ tax returns, bank account statements and credit cards statements and a sworn declaration about their assets and income.

In practice, there is not a severe sanction if the parties do not disclose their assets in full but the court may order the tax authorities to run investigations on the financial situation of the spouses.

For internationally mobile families, what advanced steps – beyond basic port alerts and mirror orders – are proving most effective in preventing or responding to threats of child relocation or retention across borders?

Child relocation and retention are always a serious concern for international families. It is always advisable to sign a written agreement between the spouses when it is agreed a temporary period to be spent in a different country from the habitual residence of the children with a clear undertaking of coming back to the habitual residence once the period is over.

For short periods, such as summer or Christmas holidays, it is always better to buy return tickets and, if the children are due to travel with the other parent, to sign a travel authorization with a clear indication  of the scope of the journey and the return date.

When wealth is held in layered offshore trusts, foundations, or private trust companies intended for children or future generations, how do courts distinguish between genuine third-party assets and resources accessible to a spouse – as illustrated in Charman v Charman and similar cases?

Unfortunately this is a big issue in Italy as Courts are not too much used to deal with layered offshore trusts, foundations or private trust companies, so it is up to the party to prove that such assets exist, their value and in which terms they have to be taken into consideration in determining the party’s financial capability.

With increased scrutiny of prenuptial and postnuptial agreements in big-money cases, what current drafting techniques and procedural steps give these contracts the greatest weight and enforceability?

Italian law does not allow prenuptial and postnuptial agreements so internationally mobile families must consider that a prenuptial agreement that has been signed abroad may be not considered valid and effective in Italy in case of a divorce proceedings in Italy.

For ultra-high-net-worth clients with international connections, how do you advise on choosing the most advantageous jurisdiction for divorce proceedings (considering differences in asset division and enforcement across countries), and what key factors tip the balance?

I usually advise clients with international connections to sign an agreement under Council Regulation (EU) n. 1259/2010 by which the spouses agree to designate the law applicable to a future divorce and legal separation.

If no agreement is in place, when there is an option of choosing between different jurisdictions, I usually provide clients with a general opinion on the pros/cons of the potential jurisdictions, mainly in term of division of assets and spousal support.

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