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De facto partnerships

Law no. 76 of 20 May 2016 , which became effective on 5 June 2016, recognizes de facto partnerships, which are formed by two adult persons emotionally connected as a stable couple who provide each other with moral and material support and are not bound by familial, kinship, or adoptive relationships, or by marriage or a civil union.

In addition to these requirements, stable partnership/cohabitation is verified based on a declaration made to the registry, which must be presented with the specially provided form (see bottom of page).

The declaration establishing partnership/cohabitation may be presented:

  1. when declaring your residence in order to register your personal data when moving from abroad or from another municipality;
  2. when declaring residence in order to change your address within the municipality;
  3. after forming a registered family.

De facto partners may regulate the ownership of property pertaining to their shared life by signing a cohabitation agreement, drafted in writing as a public document or a private agreement, with signatures authenticated by a notary or an attorney who attest to its compliance with mandatory regulations and with law and order. So that it may be enforceable towards third parties, the professional must send a copy of the agreement to your municipality of residence for registration within ten days.

The cohabitation agreement cannot be subjected to a time limit or condition, and may be rescinded by:

agreement between the parties or unilateral withdrawal (with a public document or private agreement with signature authenticated as above)

marriage or civil union between the cohabitants, or between one cohabitant and another person (the contracting party must provide the other party and the professional with the marriage or civil union record)

the death of one of the contracting parties (the surviving party or heirs must provide the professional as per above with the record of the death certificate, so that it may be noted in the margins of the agreement and so that he/she may provide it to the registry at the municipality of residence).

De facto partners also have reciprocal rights in terms of visiting, assisting, and accessing personal information in the event of illness or hospitalization. In the cases provided for by law, each partner may appoint the other as his/her representative.

The de facto partner may be appointed the guardian, carer, or support provider, should the other be declared incapacitated or disabled.

In the event that the de facto partnership is terminated, the judge shall determine entitlement to and quantity of alimony for a period in proportion to the length of the cohabitation, should a partner be in need and be unable to support him/herself.

Whom to contact

Demographic Services - Ufficio Servizi Demografici
Via Vintler, 16 - first floor, room 10

Hours:

Monday - Friday: 8:30 am - 1 pm
Saturdays: closed

Tel.: 0471 997 128, operating 8:30 - 10:30 am

servizidemografici@comune.bolzano.it

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Città di Bolzano - Piazza Municipio, 5 - 39100 Bolzano - centralino: 0471 997111 – codice fiscale/partita IVA: 00389240219 - E-Mail: urp@comune.bolzano.it - PEC: bz@legalmail.it ::