🇺🇸 Getting Married in Italy as an American — Which U.S. Consulate Should You Choose?
If you’re planning to have a legally valid wedding in Italy as a U.S. citizen, one of the key steps involves making an appointment at a U.S. consulate.
But which consulate should you go to?
And what if you’re not in the exact area of your wedding when it’s time to get the paperwork done?
Let’s break it down clearly 🔍
📍 Consular Jurisdiction in Italy: What It Means
Although this criteria is not mandatory, each U.S. consulate in Italy covers a specific geographical area, based on internal consular policy not Italian law. For example:
• If you’re getting married on the Amalfi Coast, the U.S. Consulate in Naples would technically have jurisdiction but it’s not mandatory to book this consulate, it’s just an internal rule of the U.S. consulates in Italy.
• If you’re getting married in Rome, then the Embassy in Rome would usually be the one in charge.
However, this is just a guideline based on the U.S. consular system, and it’s often not strictly enforced. Why?
Because many couples travel within Italy before their wedding.
👉🏻For instance:
A couple might land in Milan, swear own their own responsibility their Affidavit of Eligibility to Marry (the replacement of the standard “Nulla Osta”) at the Milan Consulate, and then go on to get married in Rome.
✅ The key takeaway:
You can usually use the consulate that’s most convenient for your travel schedule, even if it’s outside the wedding area.
🏛️ What Happens After the U.S. Sworn Statement (Affidavit) Is Signed?
Once you go to the consulate and swear your affidavit, it’s signed by the consul or their delegate.
But that’s not the end of the process. Here’s what happens next:
🔐 What Is Legalization?
Legalization means that the sworn statement must be authenticated by the Italian government so it can be used in Italy’s legal system.
Specifically, this is done by the competent Prefettura, the local Italian government office in charge of civil administration.
📌 Important Rule:
Each U.S. consulate in Italy is linked to a specific prefettura, where its documents are officially recognized because the signature of each consul (or their deputies) is registered with the territorially competent prefettura.
Examples:
• If you do swear the sworn statement (affidavit) at the Rome Embassy, you’ll need to legalize it at the Prefettura of Rome.
• If you swear it at the Naples Consulate, you must legalize it at the Prefettura of Naples.
⚠️ Why this matters:
‼️A foreign act, like your U.S. sworn statement (affidavit) from the U.S. consulate, is not legally valid in Italy until it’s legalized by the Prefettura.
This step cannot be skipped, or your CIVIL wedding will not be accepted by the Italian Ufficio di Stato Civile (Civil Registrar).
What Happens next: The Atto Notorio Explained
Once your sworn statement has been legalized at the Italian prefettura, there’s one more essential step for U.S. citizens to make their wedding legally valid in Italy — the Atto Notorio.
‼️Please note that you may either obtain the Atto Notorio at the court in Italy or at the Italian Consulate in the U.S before leaving the U.S.
The difference between these two scenarios regards documents collection and timing.
1. Atto Notorio at the Italian Consulate in the U.S.
In our professional experience assisting U.S. citizens with the legal process of getting married in Italy, the Atto Notorio may be one of the first steps that should be planned.
The Atto Notorio is a sworn declaration confirming that, under the law of the State where the applicant lives in the U.S., there are no legal impediments to the marriage.
For U.S. citizens, it can usually be obtained either before an Italian Court in Italy or, before traveling, through the competent Italian Consulate in the United States.
When the Atto Notorio is requested at an Italian Consulate in the U.S., the applicant is generally required to collect a set of supporting documents in advance. These may include:
- a long-form birth certificate;
- if applicable, the final divorce decree;
- if applicable, the death certificate of a former spouse;
- any additional document required by the Italian Consulate competent for the applicant’s place of residence in the United States.
This is why the requirements of the specific Consulate involved should always be checked in advance.
In practice, the list of documents may vary depending on the Consulate, the applicant’s previous marital status, the place where the documents were issued, and the requirements of the Italian Comune where the marriage will be celebrated.
If the documents were issued in the United States, they will need to be legalized with an Apostille issued by the competent Secretary of State.
This is because both Italy and the United States are parties to the Hague Apostille Convention of 5 October, 1961.
It will also need to be translated.
The translation can be done by anyone; no professional translator is required under Italian law. However, it needs to be evaluated by the Italian Consulate in the U.S., which will authenticate the translation through the so-called “certificazione di conformità traduzione”.
If a document was issued outside the United States, the legalization route must be assessed separately.
If the issuing country is part of the Hague Apostille Convention, the document will usually require an Apostille and a legally valid translation.
If the country is not part of the Hague Apostille Convention, the document may need to be legalized through the competent Italian diplomatic or consular authority in that country.
Once the documents are ready, the applicant must attend the appointment at the Italian Consulate in the U.S. together with the required witnesses.
The number and requirements of the witnesses may vary depending on the competent Consulate.
👉🏻 Italian Law no. 1195 of 13 October 1965, concerning the exchange of diplomatic notes between Italy and the United States of America on marriages celebrated in Italy, refers to four witnesses.
However, in practice, the number of witnesses required may sometimes be reduced to two, depending on the practice followed by the competent Italian Consulate or Italian authority.
In general, witnesses must be adults, must not have a personal interest in the marriage, and must not be close relatives of the applicant or of the future spouse.
This step should not be treated as a simple formality.
In real cases, delays often arise because the documentation cannot be correct or not legalized or translated following the legal route and the agenda of Italian consulate in the U.S. cannot provide a spot in a short time
For this reason, the Atto Notorio should always be planned carefully taking into account the it can obtained more quickly at the Italian Court in Italy.
2. Atto Notorio at the Italian Court in Italy
The quickest route is certainly the Atto Notorio obtained before a Court in Italy.
In most cases, no supporting documents are required, since the applicant technically declares, under their own responsibility, that there are no legal impediments to the marriage under the law of the U.S. State where the U.S. citizen resides, as provided by the Italian law known as Law no. 1195 of 13 October 1965.
In addition, in most cases, only two witnesses are required.
However, what we suggest is to check in advance whether the Italian City Hall where the marriage will take place accepts an Atto Notorio made before a Court in Italy with two witnesses.
The interpretation of the law and local practice are crucial aspects throughout the marriage procedure of an American citizen in Italy.
🏛️ City Hall in Italy : What Happens Next?
Once you have:
✅ Sworn Statement (Affidavit) Legalized
✅ Atto Notorio
You’re ready for your first appointment at the City hall in Italy (Comune).
Now, two scenarios:
👤 If neither of you lives in Italy:
You’ll make a “Declaration of No Impediment” for foreign non-residents though which you will declares that there are no impediments to to kinship, affinity, adoption, or affiliation between them under art. 87, numbers 1, 2, and 4 of the civil code, nor are there any other impediments according to art. 85, 86, and 88 of the same code.
🏠 If one of you is a legal resident in Italy (even if not Italian):
You’ll need to go through the marriage banns process (“pubblicazioni di matrimonio”).
In this case, you’ll submit all documentation, wait 11 days, and then you’re legally allowed to marry.
You can marry either in the same Comune or in another Italian City Hall of your choice.
👩⚖️ Will You Need a Professional Interpreter (translator) for Your Legal Wedding in Italy?
Yes, if even one of you does not properly speak or understand Italian, the presence of a professional interpreter is mandatory.
We’ll take care of everything:
👉 We’ll identify the right interpreter and put you in direct contact, so you don’t have to search on your own.
🗣️ When Is the Interpreter Required?
The interpreter must be present:
• During the Declaration of No Impediment or the Marriage Banns, depending on your residency status
• During the civil wedding ceremony itself
When required, without an interpreter, the process cannot be legally completed.
Witnesses for the Civil Ceremony
During the civil ceremony, you will also need two witnesses.
There are no legal restrictions on their relationship to you (they can be friends or family)
Recognition of Your Marriage in the United States
After the ceremony, we handle another crucial step:
Ensuring that your marriage is legally recognized in your home country.
Often, couples come from different countries, so we also assist in registering the marriage in multiple jurisdictions and countries.
But let’s focus now on how the process works for U.S. citizens.
📜 The Apostille and International Recognition
Italy, the U.S., and many other countries have signed the Hague Apostille Convention.
This international treaty ensures that official documents issued in one country are recognized in another, as long as they carry an Apostille.
🏛️ Step-by-Step: U.S. Recognition of Your Italian Marriage
Here’s how it works:
1. Request an Italian marriage certificate (we always request the estratto per riassunto dell’atto di matrimonio, as this certificate includes the indication of the marital property regime chosen by the couple after their civil wedding).
➤ This must be entirely in Italian — not multilingual
➤ We’ll explain why in a moment
2. We will have it apostilled at the Prefettura that covers the City Hall where you got married.
➤ The Italian officer will ask where the certificate will be used.
➤ For U.S. recognition, they’ll apply the Apostille.
3. Translate the marriage certificate into English
➤ The translation must be done by a professional translator hired by us.
➤ It must respect official seals, symbols, and legal terms
4. Have the translator appear in court to perform a sworn declaration (called asseverazione)
➤ The translator swears the translation is faithful and accurate
5. Obtain a second Apostille on the translated version
➤ This step is carried out by the Public Prosecutor’s Office (Procura della Repubblica) at the court where the asseverazione took place.
At this stage, we will request the Public Prosecutor to place the apostille on the sworn translation as well, since the sworn translation is considered an act of the Court.
For this reason, this part of the document is not apostilled by the prefettura.
📦 Final Delivery: Two Apostilles, One Valid Document
At the end of this process, you’ll receive:
• ✅ Your Italian marriage certificate (estratto per riassunto dell’atto di matrimonio) with the Apostille place by the Competent Prefettura in Italy. This type of marriage certificate mentions the law you decided to be applied to your property regime after the civil marriage in Italy.
• ✅ The English sworn translation (asseverazione) of the “estratto per riassunto dell’atto di matrimonio” also with Apostille applied by the competent Public Prosecutor in Italy.
If you’ve entrusted the procedure to us, we will then deliver it to you in person (if you’re still in Italy), or send it to your U.S. address via courier.
This process can seem overwhelming, but we’ve done it many times for couples from all over the world.
About the Author
Alessandro Pirrò 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.
Who Will Be Your Legal Counselor for Your Civil Wedding in Italy
Due to our experience in law firms and the foreign offices of the Italian public administration, we gained significant expertise in Consular affairs, and we are trained to solve the most complicated procedure such as:
- Marriage Nulla osta process, legalization procedure, Court hearings for the refusal of the town hall when there documents missing , legal translation, apostille procedure, emergency procedure for legalization.
- Immigration law services and consular support for non-EU citizens applying for a Schengen visa.
- Family reunification and family cohesion.
- Same-sex couples that want to celebrate a civil union in Italy when in their country the union is forbidden.
- Couples that come from countries where divorce is not allowed;
Italians living abroadregistered at A.I.R.E. that need to recover their document to start the marriage banns in the Italian Consulate. - Assistance with people that come from countries that do not release the nulla osta.
- American and Australian couples who needs assistance with “atto notorio” in an Italian Court or the Italian Consulate in the USA or Australia.
- People with refugee status who have requested asylum in Italy.
For all other matters, please visit our FAQ section.
