# Separazione dei beni vs Prenuptial agreement



## ogerp (Mar 6, 2016)

Hi!
I'm Italian and my fiancée is American. We want to get married in US.

We want to apply for the so called "Separazione dei beni", but when? Should we do this when we send the marriage certificate to the embassy?

Also- do we need a Prenup or with "Separazione dei beni" is almost the same?


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## Bevdeforges (Nov 16, 2007)

You say you are going to get married in the US, but where will you be settling after the wedding? I'm not sure if or to what extent the US recognizes the Italian marital regimes, nor to what extent Italy will honor a prenup arranged in the US. (It can also depend to some extent on the state in which you get married.)
Cheers,
Bev


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## NickZ (Jun 26, 2009)

If you get married in the US I thought you'd be covered by US law.


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## BBCWatcher (Dec 28, 2012)

There's of course no _requirement_ to get a prenuptual agreement anywhere. However, if you want an agreement that spans two countries -- because you and your spouse have assets in both countries, for example -- then you really ought to get two conforming agreements. It may be possible to attach an official translation of the Italian agreement to a U.S. prenuptual agreeement and reference it in a short "cover page" agreement, but the agreement must still conform to U.S. requirements in the state where it is executed. A U.S. prenuptual agreement cannot deny either spouse certain legal rights. I don't think a U.S. agreement can deny a spouse his/her U.S. Social Security retirement or spousal benefits, for example. In other words, certain things that might be legal in Italy aren't necessarily legal in the U.S., or vice versa, so both agreements need to respect that in addition to conforming with each other.


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