Bonds

Chat messages are evidence in divorce settlements

Ex-wife asserts a whatsapp from her husband exempting her from the mortgage

by Marisa Marraffino

5 September 2025

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Key points

Pre-nuptial agreements
The story
Court guidance

2' min read

Screenshots of chats via WhatsApp constitute documentary evidence of agreements made by spouses with a view to divorce, unless they are disowned by the other party. This was reaffirmed by the Court of Catanzaro in Judge Song Damiani's ruling 1620 of 17 July last, which is in line with the orientation of legitimacy also regarding the validity, under certain conditions, of agreements made by spouses with a view to the end of the marriage.

Pre-nuptial agreements

In Italy pre-nuptial agreements are not provided for by law, so they are not typical negotiation hypotheses but, under certain conditions, may be considered valid in the event of litigation.

Unlike in the United States, spouses cannot dispose of the so-called derogable rights provided for in Article 160 of the Civil Code. Agreements on the exclusion of maintenance, inheritance obligations, the upbringing of children, and the duty of moral support in general would therefore be null and void.

The judgment of the Court of Catanzaro is noteworthy because it has the merit of clearly highlighting that, whereas in the past negotiated agreements on family matters were very limited, today a wide autonomy of negotiation is allowed when the pacts do not conflict 'with the need to protect minors or, in any case, weaker subjects'.

The affair

The case stems from an appeal against an injunction by a husband who, prior to the divorce via WhatsApp, had agreed with his wife to take over the entire mortgage of the family home on the condition that the latter would waive maintenance for himself. In the divorce, however, the husband had agreed to payonly 50% of the mortgage.

For the court, including the side agreement in the divorce agreement would have likely "engendered a climate of greater suspicion and mistrust, exacerbating the family crisis that was already under way". He therefore considered the pact made via WhatsApp, which was not disowned by the husband or the children, who were heard at the hearing, to be valid. The chat was equated to an out-of-court confession and admitted in court as documentary evidence, pursuant to Article 2722 of the Civil Code.

The husband had demanded the repayment of 50% of the mortgage - which he said was not due - amounting to more than 20,000 euros, but the court revoked the injunction issued on the basis of the validity of the agreement made via chat.

The Court's orientation

The court also defines the criteria of validity of the agreements that may be made by the spouses, specifying that they must not interfere with the agreement made at separation or divorce but may specify the content and generally must be more favourable to the interest protected, as in this case. In short, agreements that undermine the non-derogable rights of weaker parties would be null and void, but are valid in all other cases.

Green light then to agreements on strictly patrimonial aspects, such as a mortgage, the division of movable property or the management of any pets.