The domestic partnership can be established pursuant to the art. 1 comma 36 of the law 76/2016.
In accordance with the comma above, the domestic partners are two adult people who are bound by an emotional connection and a mutual moral and material assistance and who are not constrained by any kind of relationship as family, kin or adoption, marriage or civil partnership.
Requirements for the domestic partnership:
- Mature age;
- Emotional connection and a mutual moral and material assistance;
- Absence of any kind of relationship as family, kin or adoption, marriage or civil partnership.
Without prejudice to the conditions referred to in the art. 1 comma 36 as provided for in the comma37, apermanent domestic partnership is established as referred to in art. 4 and in the letter b) of comma 1 of art. 13 as referred to in DPR 223/89.
Therefore, the domestic partnership is established on the basis of a statement, which is made with the criteria provided for every registry statement (in other words, every adult constituent referred to in art. 6 of DPR 223/89).
The subject of this statement must be the establishment of a domestic partnership.
The statement must be made by both constituents of the couple, due to explicit reference to the art. 13delDPR 223/89, which in turn refers to the art. 6.
The art. 38 comma 3 – bis DPR 445/2000 can be applied.
The reference to the concept “verification of a permanent domestic partnership”, included in comma 37, implies the existence of a permanent domestic partnership as a fundamental element in addition to the existence of emotional ties.
The Registry office will proceed to the verification of the partners’ declaration.
The domestic partnership will be established within two days of the date of the statement, which is made in accordance with the above.
If within 45 days of this date the domestic partners haven’t received yet any message by the Registry office, the statement made is considered in accordance with the existing domestic partnership on the date of receipt of the statement.
The domestic partners can regulate their property relationship concerning their life together by signing a domestic partnership agreement, which must be delivered in writing in order to be valid, as a public act or private signing authenticated by a notary or a lawyer.
In order to be effective as against third parties, the professional who received the public act or authenticated the signing must transmit a copy to the district within 10 days for the purpose of registering them.
The domestic partnership is dissolved in these cases:
- Agreement between the parties;
- Unilateral termination;
- Marriage or civil union between the partners or between one of the cohabitants and other person;
- Death of one of the cohabitants.