U.S. citizens marrying in Italy must obtain a Nulla Osta from a U.S. consular authority in Italy and an Atto Notorio, which is a sworn statement made before an Italian court in the presence of two or four witnesses, depending on the requirements of the town hall where the marriage will take place.
The U.S. citizen will also need to swear a “dichiarazione giurata” (Nulla Osta) before a U.S. consular official in Italy. The dichiarazione giurata can be sworn before the Consular Section of the U.S. Embassy in Rome, at the U.S. Consulates in Florence, Milan, or Naples, or before U.S. consular agents in Venice, Genoa, or Palermo.
Once the dichiarazione giurata (Nulla Osta) has been obtained, it must be legalized at the Italian Prefettura where the signature of the consular official is registered.
Once the U.S. citizens have obtained both the sworn Nulla Osta (Dichiarazione Giurata), legalized at the Prefettura, and the Atto Notorio, if both parties are foreign nationals and neither is resident in Italy, they must appear before the town hall where they intend to marry to make a declaration confirming that there are no impediments to their marriage arising from kinship, affinity, adoption, or affiliation between them under Article 87, paragraphs 1, 2, and 4, of the Italian Civil Code, nor any other impediments under Articles 85, 86, and 88 of the same Code.
If either party is resident in Italy, regardless of nationality the marriage banns must be initiated at the municipality where the resident party lives.
If the Italian party resides abroad, the competent authority for initiating the marriage banns is the relevant Italian Consulate in the United States or in another country where the Italian citizen is officially resident.
In this case, the U.S. documentation is assessed by the Italian consular official abroad.
The marriage banns remain posted for eight days, followed by an additional three-day period during which anyone entitled to do so may lodge an objection. If the banns have been published abroad, once the required period has expired, the Italian consular authorities will send an authorization to the town hall in Italy where the couple intends to marry.
If the marriage banns have been published in Italy, the civil ceremony may take place either at the town hall where the banns were published or at another Italian town hall, depending on the couple’s preferences.
In the latter case, if the civil ceremony takes place at a different town hall, the municipality where the banns were published must send an authorization to the town hall where the couple intends to marry.
Additional Documentation That May Be Required
Some Italian municipalities may also require additional documentation if either party has been previously married. This may include a final divorce decree, if the previous marriage ended in divorce, or a death certificate, if the former spouse is deceased.
Although the Atto Notorio and the Dichiarazione Giurata already establish, through sworn declarations, that the U.S. citizen is legally free to marry under the applicable laws, some municipalities may apply stricter documentary requirements and request further evidence that a previous marriage has been legally dissolved or terminated.
Whether these additional documents are required depends on the specific municipality where the marriage will take place.
For this reason, in addition to scheduling appointments with the U.S. Embassy, Consulate, or consular agent in Italy for the Dichiarazione Giurata, and with the Italian court for the Atto Notorio, U.S. citizens who are divorced or widowed are advised to contact the Italian municipality where they intend to marry and ask whether a final divorce decree or a death certificate will be required.
If the municipality requires these documents to be formally submitted, they must be appropriately authenticated and translated into Italian in accordance with the applicable international conventions and Italian legal requirements.
If the divorce decree or death certificate was issued in the United States, the document must generally be authenticated with an Apostille under the Hague Convention of 5 October 1961. The Apostille is issued by the competent authority in the U.S. state where the document originated, usually the Secretary of State.
The document must then be translated into Italian. This can be done in Italy through a sworn translation procedure known as asseverazione, whereby the translation is formally sworn before the competent Italian judicial authority.
Alternatively, the translation may be prepared in the United States and its conformity to the original document certified by the competent Italian Consulate, subject to the applicable consular requirements.
Once all the required documents are ready, the procedure for submitting them will depend on your nationality and place of residence:
- If both parties are foreign nationals and neither resides in Italy: The documents must be presented to the Italian town hall where the marriage will take place, generally at the preliminary appointment for the declaration of no impediments to marriage.
- If one or both parties reside in Italy: The documents must be submitted to the competent Italian municipality as part of the marriage banns procedure (pubblicazioni matrimoniali).
- If one or both parties are Italian citizens residing abroad: The marriage banns must generally be arranged through the competent Italian Consulate abroad. However, if the other party resides in Italy, the procedure may also be initiated at the Italian municipality of residence, depending on the circumstances.
We strongly recommend emailing copies of all the required documents to the relevant Italian town hall or Consulate before scheduling or attending your appointment. This allows the officials to carry out a preliminary review, identify any missing documentation, and clarify whether additional requirements apply.
Please note that preliminary confirmation by email does not necessarily replace the formal examination of the original documents by the competent authority.
