Law No. 76 of May 20, 2016 (published on the Official Journal No. 118 of May 21, 2016) -“Rules and regulations on civil partnerships between persons of the same sex, and on living together without being married” - entered into force on June 5, 2016.
The Law regulates both the relationship between two persons of the same sex, known as "civil partnership", and the living together of two persons of the same sex or of different sex, without being married.
1. Civil Partnerships
A civil partnership is a social partnership between two persons of the same sex that entails a change in the civil status of the parties concerned.
An Italian national who wants to establish a civil partnership abroad can address to the consular office having jurisdiction over the applicant's place of residence. While establishing the civil partnership, the two parties may state - if they so wish – the common last name and /or statutory property regime they choose.
The civil partnerships established at the Italian consular offices are entered into the Civil Status Register of the Municipality where the party registered with AIRE.
Pursuant to the 1963 Vienna Convention on consular relations, the Italian consular Authority can perform the duties of Public Registrar, provided that the laws and regulations of the State where the accreditation was granted do not prevent it. Hence it is not always possible to establish civil partnerships abroad. For further information please contact the relevant Italian diplomatic or consular authorities.
It is also possible to register in Italy marriage or civil partnership between persons of the same sex (or similar deed) established before foreign authorities where at least one of the parties is of Italian nationality. They produce in the Italian legal system the effects of civil partnership regulated by Law No 76/2016.
The request for registering the civil partnership shall be filed with the Italian consular office having jurisdiction over the applicant's place of residence.
2. Living together without being married
Living together without being married is regulated by Law 76/2016 and differs from civil partnerships. It does not entail any change in the civil status of the parties concerned, but it is regulated exclusively within the registry system.
An Italian national living abroad may declare he / she lives together with a person of the same sex or of a different sex at the consular office competent for his / her place of residence. Following the transmission of the declaration of "actually living together", the Italian Municipality can issue a certification of household established according to the official records.
An Italian national living abroad can address to the consular office and enter into the “living together contract”, as envisaged by paragraph 50 of Law 76/2016 or ask for the certification of the signatures at the end of the contract. The living together contract has only a financial nature and is regulated by the Italian law only if both parties are Italian nationals or live in Italy. If they have different nationalities and live in a foreign country, the applicable law will be the law of that country.