Civil unions are defined as all those forms of cohabitation between couples , based on emotional and economic bonds, to which the law recognizes a legal status similar to that conferred by marriage . In Italy, the legal institution of civil unions was regulated by Law no. 76 of 20 May 2016. The term " de facto couple" refers to those couples who, despite having a certain stability based on cohabitation, do not voluntarily access any legal institution (neither marriage nor civil union) to regulate their family life. Increasingly, de facto couples are defined as all those couples who cannot access any legal family institution (as in the case of same-sex couples) or couples who cannot access an alternative institution to marriage, as in the case of heterosexual couples who choose not to marry but would like to access a civil union.
The law on civil unions
The "Civil Unions Law” (law 20 May 2016 n. 76) known as “Regulation of civil unions between people of the same sex and regulation of cohabitation“, passed in the Senate with Senator as rapporteur Monica Cirinnà and finally approved by the Chamber of Deputies. The law on civil unions introduces two completely different institutions for homosexual couples and for heterosexual couples. For the former, the civil unions, for which there are a series of very strong rights and duties, such as to bring them closer to marriage, including the reversibility of the pension but not the adoptions; for the second ones the cohabitation, for which the mutual obligations are less and one of the main rights such as the right to freedom is completely missing. reversibility.
The main points of the law
Constitution of the civil union: like marriage, civil unions are established "in front of the registrar and in the presence of two witnesses“. The deed is registered.”in the civil registry archive".
Surname : The parties, " for the duration of the civil union, may decide to adopt a common surname by choosing it from among their surnames. A party may place his or her own surname before or after the common surname ."
Mutual obligations : " From the union arises the mutual obligation of moral and material assistance and cohabitation ." There is no obligation of fidelity, as in marriage. " Both parties are required, each in relation to their own means and their ability to work professionally and domestically, to contribute to the common needs ."
Family life : " The parties agree on the direction of family life and establish a common residence; each party has the power to implement the agreed-upon direction ." This paragraph follows the rules of family law.
Property regime : the ordinary regime is the community of property, unless the parties agree on a different property agreement.
Pension, inheritance, and severance pay : this is the part that most harms a potential child of one of the two partners, who currently would be the sole beneficiary of survivor's pensions, inheritances, and the severance pay accrued by the parent. With the new law, the survivor's pension and accrued severance pay are paid to the partner of the union. Inheritance is governed by the rules in force for marriage: the surviving partner receives the "legitimate portion," i.e., 50%, and the remainder goes to any children.
Dissolution : the provisions of the 1970 Divorce Act apply " insofar as compatible ", but the separation period will not be mandatory, as in the dissolution of marriage.
Adoptions : The provisions on stepchild adoption have been removed. The multi-part amendment includes a superfluous wording: " The provisions and provisions regarding adoptions under current legislation remain unchanged. " This should allow individual courts, based on case law, to grant stepchild adoption in specific cases.
cohabitation in fact: are those between "two adults united in a stable emotional relationship as a couple and with mutual moral and material assistance, not bound by kinship, affinity or adoption, by marriage or by a civil union".
Care in prison and hospital : Cohabitants have the same rights as spouses in terms of caring for their partner in prison and hospital.
Organ donation : each partner " can designate the other as his or her representative with full or limited powers in the event of illness resulting in incapacity to understand and will, for decisions regarding health matters and in the event of death, with regard to organ donation, the methods of treatment of the body and funeral celebrations ."
Housing : In the event of the death of one partner, the other has the right to take over the lease. If the deceased is the owner of the home, the surviving partner has the right to continue living there for two to five years, depending on the length of the cohabitation. Cohabitation, like marriage, is a qualification included in the rankings for public housing.
Property regime : cohabitants "can" sign a contract that regulates their property relations, which may provide for joint ownership of property.
Alimony : In the event of termination of cohabitation, " the judge establishes the right of the cohabitant to receive alimony from the other partner, if he or she is in need and unable to provide for his or her own maintenance ." Alimony is awarded in proportion to the duration of cohabitation.
Emanuela Ferrara
