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Governo Italiano

Marriage

 

Marriage

First of all, congratulations! Here is some important information that we suggest you read carefully to avoid any problems.

A) Getting married in an Italian Consulate (pursuant to Article 12, Legislative Decree 71/2011)

 

Application to get married in a Consulate
If you want to get married in an Italian Consulate the first thing to do is submit your “istanza di celebrazione del matrimonio consolare” (application to get married in a 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 click here for the list of consulates abroad).

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 in a Consulate or when the parties do not live in the consular district). If the 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.

Applying for getting married in a Consulate
The application for getting married in an Italian Consulate is preliminary to the request for publishing banns. It must be signed by both parties and can either be taken in person to the Consulate or send it by post, fax or email. You must also attach a photocopy of your identity documents. Your application might be rejected (pursuant to as Legislative Decree 71/2011) when the local laws do not allow marriage to be performed in a Consulate or if the parties do not live in the consular district. If the Consulate accepts your application (because it meets the legal requirements) you can then ask for your banns to be published.

•  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 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 of your places of residence.

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

- in the Italian partner’s municipality of residence in Italy. In this case, the local council 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; or

- in the diplomatic mission or consulate abroad, which will notify the Italian partner’s local authorities in Italy as described above.

•  If you are both resident in Italy, you must apply to have your banns published in the town where you have officially residency. 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. Here you will find a list of all of our consulates abroad. 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).

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 (as per Article . 116 of the Civil Code) submit a “nulla osta al matrimonio”, i.e. a declaration stating that there is no impediment to the marriage. The “nulla osta” must be translated into Italian and notarised. Alternatively, you can submit a “certificate of legal capacity to marry” issued by the relevant authorities in your own country.

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, 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.

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 be applied to Belgium which, although signatory, has not ratified it yet. 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 you need a “nulla osta”, i.e. a no impediment declaration.

In certain cases, when an impediment was found to exist (as per Article  52 of Presidential Decree 396/2000) 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 some cases, foreign authorities may ask for a certificate of legal capacity to marry in accordance with the Munich Convention of September 5, 1980. This certificate does not need to be translated or legalised.

The following countries, which have signed the Munich Convention of September 5, 1980, require a certificate of legal capacity to marry: Austria, Italy, Germany, Greece, Luxembourg, Moldova, Netherlands, Portugal, Spain, Switzerland and Turkey. The Convention does not currently apply to Belgium, which, although a signatory, has not yet ratified it. If you intend to be married by the authorities of one of the States that has signed and ratified the Convention, you must request issuance of a certificate of legal capacity to marry from your town  of residence in Italy or, if you live abroad, from the local consular office.

Some countries that are not signatories to the Munich Convention may require a certificate of no impediment to marry.

If you live abroad, you should apply for a certificate of legal capacity to marry from the Italian consular office for the jurisdiction in which you live by completing and submitting a dichiarazione sostitutiva di certificazione, i.e. a self-certification, containing all of the information needed for the certificate to be issued.

In the case that a certificate of no impediment to marry is required, that document must be requested from the consular office competent for the place where the marriage is to be celebrated, even if you live in Italy.

The consular office will issue the certificates requested only after it has made the necessary checks and received the documentation required by law as proof of your legal capacity to marry or that no impediment exists.

 

Registration of the marriage certificate

 

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

You must send the marriage certificate – the original, not a photocopy – 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). The consular office 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 (see Article 12, paragraph 11, Presidential Decree 396/2000).

The marriage certificates issued by the countries that have signed the Vienna Convention of September 8, 1976, under which a certificate in several languages can be issued, are exempt from the translation and legalisation requirement. These countries are: Austria, Belgium, Bosnia-Herzegovina, Bulgaria, 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 be applied to Greece, which, although a signatory of the Convention, has not yet ratified it.

 


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