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Governo Italiano

Marriage

 

Marriage

 Here is some important information that we suggest you read carefully.

 

A) Getting married at an Italian Diplomatic Mission or Consulate (pursuant to Article 12, Legislative Decree 71/2011)

Application to get married at a Diplomatic Mission or Consulate

If you want to get married at an Italian Diplomatic Mission or Consulate the first thing to do is submit your “istanza di celebrazione di matrimonio consolare” (application to get married at a Diplomatic Mission or Consulate). Both of you will need to sign the application and either take it in person to the Consulate or send it by post, fax or email. You must also attach a photocopy of your identity documents (for additional information please contact the competent Italian Diplomatic Mission or Consulate).

In certain cases your application might be rejected (Legislative Decree 71/2011 – “It can be rejected when the local laws do not allow marriage to be celebrated at a Diplomatic Mission or Consulate or when the parties do not live in the consular district”). If the Diplomatic Mission or Consulate accepts your application (because it meets the legal requirements) you can then ask for your banns to be published.

Publication of banns

In Italy, before a marriage can be celebrated, the banns must be published by a Civil Registrar. The banns are valid for six months. You can therefore get married from the 4th day until the 180th day after the banns were first published.

If you are unable to go in person to ask for the publication of banns, you can delegate a third party to do so. In this case, you must use a special “proxy” written on “unstamped paper”. This must be accompanied by a photocopy of your identity documents, which must, of course, be valid. If you are not EU citizens and do not live in Italy, you must have your signature authenticated.

• If you are both Italian nationals and you live abroad, you must apply to have your banns published at the Diplomatic Mission or Consulate where your marriage will be celebrated. If you and your partner live in two different consular districts, the banns must be published in both Diplomatic Missions or Consulates.

• If one of you (Italian or foreign national) lives in Italy and the other (Italian national) lives abroad, you must apply to have your banns published at the Diplomatic Mission or Consulate where your marriage will be celebrated. The Diplomatic Mission or Consulate will in turn notify the local authorities in the Italian partner's town in Italy so that the banns can be published there. The banns will therefore be published in both your places of residence.

• If he Italian spouse lives in Italy but the other partner, the foreign citizen, lives abroad, you can apply for the banns to be published:

- at the Diplomatic Mission or Consulate abroad, which will notify the Italian partner’s local authorities in Italy as described above; or

- in the Italian partner’s municipality of residence in Italy. In this case, the local council will issue the delegated authority (pursuant to Article 109 of the Civil Code) for the marriage to be celebrated at the diplomatic mission or consulate abroad.

• If you are both resident in Italy, you must apply to have your banns published in the town where you have officially residence. If you each live in a different town, the banns will be published in both towns. The local council in Italy will issue the delegated authority (as per Article 109 of the Civil Code) for the marriage to be celebrated at the Diplomatic Mission or Consulate abroad.

 

B) Getting married in Italy

If you are both Italian nationals living abroad and you want to get married in Italy, you must ask for your banns to be published at the Italian Diplomatic Mission or Consulate where you are registered. Once the banns have been published, the Consulate will delegate the local authorities (pursuant to Article 109 of the Civil Code) in your chosen Italian town to celebrate the marriage.

Documents you need to submit to apply for your banns to be published

To apply for the publication of your banns, you must go in person to the consular office with a valid identity document (Article 51, paragraph 1, of Presidential Decree 396/2000 – “richiesta di pubblicazione” – request for publication of banns).

If you are unable to go in person, you can delegate a third party to do so. In this case, you must use a special “proxy” written on “unstamped paper”. This must be accompanied by your identity documents, which must, of course, be valid.

If you are not Italian citizens

If you are not Italian citizens and you want to get married in Italy, you must mandatorily submit also a “nulla osta al matrimonio”, i.e. a declaration stating that there is no impediment to the marriage, issued by the relevant authorities in your country (pursuant to Article 116 of the Civil Code). The “nulla osta” must be translated into Italian and notarised. Alternatively, if you are citizens of one of the countries which have ratified the Munich Convention of September 5, 1980, you can submit a “certificate of legal capacity to marry” issued by the relevant authorities in your own country.

The following countries have signed the Munich Convention of September 5, 1980 and issue “certificates of legal capacity to marry”: Austria, Italy, Germany, Luxembourg, Moldavia, Netherlands, Portugal, Spain, Switzerland and Turkey. The Convention cannot currently apply to Belgium which, although signatory, has not yet ratified it. The certificates issued under this Convention are exempt from the notarisation requirement or similar procedures in the territory of each of the countries that have signed the Convention.

For the other countries not adhering to the Munich Convention of 1980 you need a “nulla osta”, i.e. a no impediment declaration, rather than a “certificate of legal capacity to marry”.

If you are nationals of a non-EU country and do not live in Italy, in addition to the “nulla osta”, you shall submit the additional documents required by Article 51 of Presidential Decree 396/2000, demonstrating you meet the legal requirements, since these are documents that were drawn up abroad (in a non-EU country) and are not registered in Italy or with an Italian consular authority.

In the cases envisaged by Article 52 of Presidential Decree 396/2000, when an impediment was found to exist when you and your partner first applied to have your banns published, you may submit a copy of the authorisation to marry subsequently issued by the court. Alternatively, you can send this later by ordinary post.

 

C) Getting married abroad – Italian citizens

Italian citizens wishing to get married abroad do not need to have their banns published, unless this is required by the law of the foreign country. In order to get married in one of the countries not adhering to the Munich Convention of 1980, you will be asked to provide a certificate of legal capacity to marry. This certificate does not need to be translated or legalised.

The following countries have signed the Munich Convention of 1980: Austria, Italy, Germany, Luxembourg, Moldavia, Netherlands, Portugal, Spain, Switzerland and Turkey. The Convention cannot currently apply to Belgium which, although signatory, has not yet ratified it.

The “certificate of legal capacity to marry” will be issued by the town of residence in Italy or, if you live abroad, by the relevant Diplomatic Mission or Consulate.

In some countries that are not signatories to the Munich Convention the local authorities of the place where the marriage is to be celebrated may require a certificate of no impediment to marry.

This certificate must be requested from the Italian Diplomatic Mission or Consulate competent for the place where the marriage is to be celebrate, even if you live in Italy or in any other foreign district.

The Diplomatic Mission or Consulate can issue the certificate requested only after it has made the necessary checks and received the documentation required by law as proof of the fact that no impediment to marry exists.

Registration of the marriage certificate

In order to be valid in Italy, any marriage celebrated abroad must be registered by your local council in Italy.

You must send the original marriage certificate issued by the foreign Civil Registry office to the Consulate. The certificate must be translated and notarised (see the section on translation and legalisation of documents) and be provided to the Diplomatic Mission or Consulate. The latter shall send the certificate to Italy, where it will be registered in your local council's Civil Registry office.

Alternatively, you can send the translated and legalised marriage certificate directly to your local council in Italy (pursuant to Article 12, paragraph 11, of Presidential Decree 396/2000).

The marriage certificates issued by the countries that have signed the Vienna Convention of September 8, 1976 on the issue of multilingual extracts from civil status record are exempt from the translation and legalisation requirement. These countries are the following: Austria, Belgium, Bosnia-Herzegovina, Bulgaria, Cape Verde, Croatia, Estonia, France, Germany, Italy, Lithuania, Luxembourg, Macedonia, Moldova, Montenegro, Netherlands, Poland, Portugal, Romania, Serbia, Slovenia, Spain, Switzerland and Turkey. Please note that the Vienna Convention cannot currently apply to Greece, which, although a signatory of the Convention, has not yet ratified it.

 


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