This page does not explain how to get married in Italy as an American citizen.
If you are still planning your wedding and need the full legal process explained step by step, you can find it in our complete legal guide for U.S. citizens marrying in Italy.
Why U.S. Citizens Commonly Encounter Legal Issues When Marrying in Italy
Common mistake n.1
1. One of the most frequent — and most serious — mistakes we see involves the use of the multilingual marriage certificate.
Couples (and sometimes wedding planners or local operators assisting them) often request from the Italian Comune a multilingual marriage certificate, issued under the Vienna Convention. Since this document already includes English, it is then apostilled and sent to the United States with the assumption that it will be fully valid and risk-free.
This assumption is incorrect.
The United States is not a signatory to the Vienna Convention on multilingual civil status certificates. As a result, the multilingual marriage certificate does not fall under any international convention binding on U.S. authorities.
It is true that:
- the document is partly in English;
- an apostille can be legally affixed to it;
- in practice, it may be accepted in routine administrative situations.
However, from a strict legal standpoint, this document rests on a convention that does not apply to the United States. In a legal dispute, court proceeding, or more rigorous bureaucratic review, the validity of that certificate can be challenged, precisely because it is not grounded in a convention recognized by the U.S.
This is not a theoretical risk. It is a structural legal weakness.
For this reason, relying on a multilingual marriage certificate for U.S. recognition is a serious error and should be avoided.
The correct approach
The correct and legally solid solution is to request a marriage certificate issued entirely in Italian, and specifically the “estratto per riassunto dell’atto di matrimonio”.
This certificate is the only one that:
- reflects the full Italian civil status record;
- is suitable for apostille under the Hague Convention;
- can be professionally translated and sworn before an Italian court;
- is immune from objections based on inapplicable international conventions.
Most importantly, the estratto per riassunto is also the only certificate that can include the spouses’ choice of the law applicable to their matrimonial property regime, a key element under Italian private international law and one that is often overlooked.
In short:
- multilingual certificates create unnecessary legal exposure;
- apostilling the wrong document does not cure the problem;
- using the correct Italian certificate from the start is essential.
When dealing with international marriages, especially involving the United States, formal correctness matters more than apparent convenience. This is exactly the kind of issue where informal advice or shortcuts can create long-term complications — and why a legally structured approach is indispensable.
Common mistake n. 2
Believing that U.S. citizens must bring translated and legalized documents to Italy
Another very common mistake — largely fueled by misleading or oversimplified information found online — is the belief that American citizens must bring to Italy documents translated and legalized in advance, or that such documents must be presented to the Italian Consulate.
This is incorrect.
For U.S. citizens marrying in Italy, the cornerstone of the procedure is the affidavit sworn before the U.S. Consulate. At that moment, the American citizen personally assumes full legal responsibility for what is being declared, under oath, before a U.S. consular authority.
The affidavit is a sworn declaration, not a documentary verification process.
The U.S. Consulate does not verify civil status documents, nor does it carry out factual investigations. The legal responsibility lies entirely with the declarant.
The same principle applies to the atto notorio.
Whether the atto notorio is:
- sworn before an Italian Consulate in the United States, or
- sworn directly before an Italian court in Italy,
the legal structure is identical: the American citizen formally declares, under personal responsibility, that there are no legal impediments to the marriage under the law of the State of origin.
In this phase:
- responsibility before U.S. law is assumed through the affidavit;
- responsibility before Italian law is assumed through the atto notorio.
In neither case does the law require the production of supporting documents, translations, or prior legalizations.
If a Consulate or an Italian court asks for additional documentation, this is a discretionary practice, not a legal requirement. It is not mandated by Italian law, nor by U.S. law. The declaration itself is the legally relevant act.
For this reason, we work exclusively with Italian courts that correctly apply the law and do not impose unnecessary or unlawful documentary requirements. As a result, our U.S. clients always travel to Italy without bringing any documents.
All formal steps are completed locally, in a single coordinated working session:
- sworn declaration before the court,
- legalization at the competent Prefettura,
- atto notorio before the Italian court.
This entire process is normally completed between 9:30 a.m. and 2:00 p.m. on the same day.
The reality is far simpler than what is often described online. There is no need to fear the bureaucracy, and there is certainly no need to arrive in Italy with folders of translated and legalized documents.
What matters is not the quantity of paperwork, but the correct legal interpretation of the procedure.
Common mistake n. 3
Treating the U.S. consular affidavit as a substitute for the atto notorio
Another serious — and often overlooked — error occurs when some Italian municipalities ignore the legal role of the atto notorio and incorrectly treat the U.S. consular affidavit as a full replacement for the Italian nulla osta.
This approach is legally flawed.
Italian law contains specific substantive rules that must be addressed before a marriage can be celebrated. One of the most relevant is the rule according to which a woman may not remarry until 300 days have elapsed from:
- the dissolution of a previous marriage, or
- the date on which she became a widow.
This rule is not optional, and the municipality is required to verify that it is respected.
The problem is that these details cannot be included in the U.S. affidavit.
The American affidavit is a standard, pre-formatted document. It is not customizable. The declarant must insert information strictly where the form allows it, and no additional statements can be added. As a result, it is impossible to specify:
- the exact date on which a divorce became final, or
- the date on which a previous spouse passed away.
These details, however, are legally essential under Italian law.
This is precisely why the atto notorio exists.
The atto notorio is a sworn declaration that can be freely drafted, allowing the inclusion of all information required by Italian law and often expressly requested by the municipality, such as:
- the date of divorce, or
- the date on which widowhood occurred.
Without this information, the legal assessment is incomplete.
When a municipality relies solely on the U.S. affidavit and dispenses with the atto notorio, it is not simplifying the procedure — it is acting contrary to Italian law.
Italian law expressly identifies the atto notorio as one of the two fundamental documents required in this context. Ignoring it means removing the only legal instrument that allows the administration to verify compliance with mandatory rules that cannot be addressed through the U.S. affidavit.
This is why, in professional practice, the affidavit and the atto notorio are not interchangeable. They serve different legal functions, under different legal systems, and both are necessary to ensure that the marriage can be lawfully celebrated in Italy.
Any procedure that relies on the affidavit alone is legally incomplete and exposes the couple — and the municipality — to unnecessary risk.
Common mistake n. 4
Assuming any Prefettura can legalize a U.S. consular affidavit
Another frequent operational mistake is believing that any Italian Prefettura can legalize a U.S. consular affidavit.
That is not how the legalization step works.
When an American citizen signs an affidavit before the U.S. Consulate (or one of its officers), the document bears the signature of a U.S. consular official. In Italy, the Prefettura does not “validate” the content of the affidavit. It only legalizes the authenticity of the consular signature — and it can do so only if that signature is on file with that specific Prefettura.
In practice, consular signatures are registered territorially: they are deposited with the Prefettura that is competent for the area in which that Consulate operates.
This has a very concrete consequence:
If the affidavit is sworn in Milan, you cannot then take it to the Prefettura of Florence and expect legalization there. The Prefettura of Florence would not normally have the relevant consular signature on record and therefore cannot proceedwith legalization.
The legalization must be performed by the correct Prefettura, i.e., the one territorially connected to the Consulate where the affidavit was executed.
This is why planning matters: the affidavit appointment and the legalization step must be coordinated geographically. Assuming you can “legalize it anywhere” is a guaranteed way to lose time, miss deadlines, and create unnecessary stress right before the wedding.
Common mistake n. 5
Assuming that two witnesses are sufficient for the atto notorio
A fifth, very common mistake concerns the number of witnesses required when the atto notorio is sworn before an Italian court in the case of U.S. citizens.
In ordinary Italian practice, many courts apply the general rules on sworn declarations, as set out in Presidential Decree of 28 December 2000, no. 445 (Testo unico in materia di documentazione amministrativa), which typically provide for the presence of two witnesses.
This approach, however, is not legally correct for American citizens.
The atto notorio required for U.S. citizens marrying in Italy is governed not only by the general legislation on affidavits, but also — and more importantly — by Law of 13 October 1965, no. 1195, which specifically regulates the legal framework applicable to citizens of the United States.
Under the principle of speciality, when a special law applies to a specific category of cases, it prevails over the general law. As a result, the general regime established by Presidential Decree no. 445/2000 does not override the special provisions applicable to U.S. citizens.
For this reason, the law applicable to American citizens requires the presence of four witnesses, not two.
Treating the requirement as optional, or relying on informal assurances such as “two witnesses are sufficient” or “we follow whatever the court requires”, exposes the couple to a concrete operational risk. Municipal offices do not operate as a single, immutable authority: the official providing preliminary guidance may not be the same official present on the day of the wedding. A different officer, applying the law more strictly, may raise objections at the last moment, when there is no longer time to remedy the situation.
For this reason, the only legally sound approach is to comply with the special law from the outset and provide four witnesses.
The witnesses must:
- have no personal interest in the declaration;
- have no family relationship with the declarant.
Where a couple is unable to provide suitable witnesses, this does not prevent the procedure from moving forward. In those cases, we arrange lawful alternative solutions to ensure full compliance with the legal requirements while continuing to support the couple effectively.
Once again, what appears to be a minor procedural detail can have significant consequences. Following informal practices or shortcuts may seem convenient, but only strict adherence to the correct legal framework guarantees legal certainty on the day of the marriage.
Common mistake n. 6
Ignoring the presence of Italian citizenship, even when the person does not speak Italian
Another very common — and often underestimated — mistake is failing to consider that one of the spouses also holds Italian citizenship, even if that person does not speak Italian at all.
From a legal standpoint, language, cultural background, or habitual use of a foreign passport are irrelevant.
What matters is citizenship.
Under consolidated Italian administrative practice, when a person holds Italian citizenship, Italian law prevails, regardless of whether that person also holds another nationality. This principle is consistently applied by Italian municipalities and, if disregarded, is very likely to be formally challenged by the Comune handling the marriage.
This has a direct and significant consequence.
If one of the spouses is both:
- a U.S. citizen, and
- an Italian citizen,
that person cannot follow the procedure reserved for foreign nationals.
In particular, they cannot:
- swear an affidavit at the U.S. Consulate in Italy as a substitute for the nulla osta;
- rely on the affidavit + atto notorio procedure applicable to U.S. citizens only.
Instead, the Italian citizen — even if they have lived abroad all their life and do not speak a single word of Italian — must follow the Italian procedure.
This means:
- the marriage publications (pubblicazioni di matrimonio) must be requested through the competent Italian Consulate for the territory where the person resides abroad;
- the timeline and requirements applicable to Italian citizens apply in full.
A frequent misconception found online is that people can “choose” which citizenship to use based on convenience, language, or personal identification. This is incorrect.
Speaking English as a mother tongue, having a U.S. passport, or being culturally American does not override Italian nationality in the eyes of Italian authorities.
If Italian citizenship exists, it must be taken into account from the very beginning. Failing to do so often leads to blocked procedures, last-minute objections by the Comune, and the need to restart the process entirely.
This is precisely why dual citizenship situations require careful legal assessment upfront. What appears to be a minor detail is, in reality, a decisive legal factor that determines which procedure is applicable — and which one is not.
Ignoring it is not a simplification. It is a structural error.
Common mistake n. 7
Fearing that a U.S. prenuptial agreement becomes invalid or without effects if the marriage is celebrated in Italy
Another frequent concern — and a source of unnecessary anxiety — involves couples who have signed a prenuptial agreement in the United States and fear that marrying in Italy may invalidate or undermine that agreement.
This fear is unfounded.
Italian law expressly addresses this situation.
Under Article 30 of Law no. 218 of 31 May 1995 (Italian private international law), spouses are entitled to choose the law applicable to their matrimonial property regime. Specifically, they may opt for:
- the law of the State where they reside, or
- the law of a State of which one of them is a citizen.
This choice is not theoretical. It is a legally recognized option that can be formally recorded in the Italian marriage act.
In practical terms, if a prenuptial agreement has been validly drafted under the law of a specific U.S. State, the spouses may request the Italian civil status office to record that the law of that U.S. State has been chosen as the law governing their matrimonial property regime. This ensures full coherence between the marriage celebrated in Italy and the prenuptial agreement executed in the United States.
This is precisely why the estratto per riassunto dell’atto di matrimonio is so important: it is the only Italian marriage certificate that can include the spouses’ express choice of applicable law.
It is worth emphasizing, however, that even if this choice were not expressly recorded, the marriage certificate issued in Italy — once properly apostilled — is fully recognized in the United States under the Hague Convention. The validity of the marriage itself is never in doubt.
The possibility of indicating the applicable law does not exist to “save” the marriage from invalidity. Rather, it is an additional legal safeguard offered by Italian law to provide clarity, continuity, and peace of mind, especially for couples with pre-existing prenuptial agreements.
In short:
- marrying in Italy does not nullify a U.S. prenuptial agreement;
- Italian law expressly allows spouses to align their matrimonial property regime with U.S. State law;
- recording that choice is a tool for legal certainty, not a mandatory condition for recognition.
Once again, what is often perceived as a risk is, in reality, a legal protection mechanism — provided it is understood and applied correctly.
Common mistake n. 8
Confusing the role of the translator with that of the interpreter
Another frequent mistake is confusing the role of the translator with that of the interpreter, assuming they are interchangeable simply because, in practice, they are sometimes performed by the same person.
From a legal and operational standpoint, the distinction is important.
In Italy, there is no formally certified profession of “sworn translator” or “certified interpreter” comparable to professional orders in other fields. Translators and interpreters operate as freelancers and are not members of a professional bar or mandatory register.
However, the absence of a formal professional order does not mean that all linguistic roles are equivalent.
In the context of a civil marriage involving foreign, non-resident citizens, two separate appointments before the Civil Status Office are legally relevant:
- the declaration of absence of impediments, and
- the civil wedding ceremony itself.
In both cases, what is required is not merely someone who can “translate words”, but an interpreter capable of conveying legal meaning.
While it is technically true that almost anyone may be admitted as an interpreter at a civil wedding or at the declaration of absence of impediments, the practical reality is different. During these appointments, the Civil Status Officer must explain:
- legal conditions for marriage,
- statutory declarations,
- legal consequences of the act,
- references to applicable legal provisions.
Without an interpreter who has a legal background and prior experience with civil weddings, the officer may encounter serious difficulties in ensuring that the spouses fully understand what is being declared and agreed to. This can lead to interruptions, misunderstandings, delays, or — in the worst cases — the refusal to proceed.
This risk is particularly high during the declaration of absence of impediments and during the civil ceremony itself, where precision of language is essential.
For this reason, the issue is not whether an interpreter is formally “certified”, but whether the interpreter is:
- professionally trained,
- familiar with legal terminology,
- experienced in civil marriage procedures,
- able to mediate accurately between the legal language of the Civil Status Officer and the spouses’ understanding.
Treating interpretation as a purely linguistic task, rather than a legal-communication function, is a structural mistake. In this context, experience and legal competence matter far more than labels.
Once again, what may appear to be a minor detail can become a critical point of failure if underestimated.
While these mistakes do not necessarily invalidate a marriage, they can complicate or delay its legal recognition in the United States.
A detailed explanation of how Italian marriages are recognized in the U.S. is available here: Is a marriage in Italy valid in the United States?
Written by Alessandro Pirrò
Alessandro is a former legal advisor to the Italian Government and has worked with top law firms in Rome, focusing on international marriage and recognition abroad. He now supports foreign couples getting legally married in Italy, offering expert guidance on paperwork, consular requirements and legal recognition in their home country.
