Overview

• The Corte di Cassazione’s ordinance n.20415 recognized a 2019 private pact between spouses in Mantova as a valid conditional contract that takes effect upon separation.
• Under the agreement, the husband must repay €146,400 to his former wife for her investments in the marital home, with repayment obligations suspended until the marriage ends.
• The court reaffirmed that spouses cannot contractually waive indisposable rights, including child custody arrangements and spousal maintenance obligations.
• The Forum Nazionale delle Associazioni Familiari criticized the ruling for turning marriage into a conditional contract and warned it undermines its non-contractual nature.
• Legal commentators say the decision could offer new tools for advance asset planning and reduce litigation, but they caution that further court rulings or legislative action will be needed to ensure consistent application.