Get to know necessary paperwork for a Marriage in Italy of Foreigner.
Besides Planners, we have been legal consultants for the Italian foreign offices! This experience allowed us to gain deep expertise in foreign affairs.
Foreign citizens who intend to celebrate their marriage in an Italian Municipality must produce the following:
For citizens of Austria, Germany, Greece, Luxembourg, Moldova, Netherlands, Aruba, Curacao, Caribbean Part (Bonaire, St. Eustatius, and Saba), St. Maarten, Portugal, Spain, Switzerland, and Turkey, the CERTIFICATE of MARRIAGE CAPACITY on a multilingual model in accordance with the Munich Convention of 3/7/1980.
Some extra details for some of the Countries mentioned above:
Switzerland: Marital Capacity + civil status certificate on a multilingual model
Spain: Marriage Capacity + Life and Civil Status Certificate Portugal Marriage Capacity + birth extract on plurilingual model
Germany: Marriage Capacity + birth extract on plurilingual model
Austria: Marriage Capacity + birth extract on plurilingual template + citizenship certificate + residence certificate from Austrian Municipality (translated by Italian consular authorities in Austria or at the Italian court Italy) + copy of divorce if applicable
If the certificate of marriage capacity does not indicate the particulars of the parents, it is necessary to supplement the documentation with the following:
• in the country of birth legalized by the Italian Consular Authority abroad and translated;
• with a certificate from one’s Consulate in Italy;
• on an international multilingual model, exempt from legalization, provided that the State has acceded to the International Convention.
In all other cases, you will need the so-called NULLA OSTA AL MATRIMONIO issued by the Representative Authority of the State of origin in Italy (your Consulate or Embassy in Italy) with legalized signature at the competent Prefettura must be produced.
(The following states are exempt from the legalization in Prefettura of your nulla osta:
Austria, Belgium, Bosnia, Bulgaria, Herzegovina, Cyprus, Croatia, Denmark, Estonia, France, Finland, Germany, Great Britain, Greece, Ireland, Liechtenstein, Lithuania, Luxembourg, Montenegro, Norway, Netherlands, Poland, Portugal, Czech Republic, Republic of Moldova, Romania, Russia (Russian Federation), Slovenia, Spain, Sweden, Switzerland, Turkey)
The NULLA OSTA must state that there are no impediments to marriage according to the laws of the home State and the Italian laws, surname, first name, date, place of birth, citizenship, residence, marital status, and particulars of parents.
Please note that for the woman who is divorced, widowed, or has a void marriage, the date of divorce/dissolution or widowhood, along with the first and last name of the previous spouse, must be indicated on the clearance. However, in order to proceed with the notice of marriage (pubblicazioni di matrimonio), it is necessary that at least 300 days have passed since the previous date.
PLEASE NOTE: The Certificate of Marriage Capacity and/or the Nulla Osta are valid for 6 months from the date of issuance unless expressly stated different validity.
Norwegian citizens need to request the nulla osta issued by the Municipality of residence in Norway legalized Apostille (Hague Convention); if translated in Norway, the translator’s signature must be legalized with Apostille provided by the Hague Convention.
Polish citizens need to request the Nulla Osta clearance at the Municipality of residence in Poland. it is exempted from legalization. The translator’s signature must be legalized with Apostille if translated in Poland.
Swedish citizens need to request the nulla osta to the Municipality of residence in Sweden legalized Apostille (Hague Convention); and if translated in Sweden, the translator’s signature must be legalized with Apostille provided by the Hague Convention.
Finnish citizens need a certification, instead of the Nulla Osta that is issued by their local authority. It follows the model attached to Circular 1/2014, exempt from legalization.
Lithuanian citizens need substitute certification of the clearance for Lithuanian citizens, issued by their local authority and is following the model attached to Circular 2/2014, exempt from legalization
Hungarian citizens need substitute certification of marriage clearance is issued to Hungarian citizens by the Embassy of Hungary (Circ. 11/2013) and is exempt from legalization.
U.S.A. citizens need to sign an affidavit prepared by the applicant at the U.S. Consulate in Italy certifying that there are no impediments to marriage, following the laws of the State in which they are a resident. The document thus obtained (generally identified as a “nulla osta”) must be legalized in the Prefettura;
2 Atto Notorio containing a declaration that the citizen can contract the marriage according to the law of the State of their nationality); this declaration is made in the presence of two witnesses, drawn up before the competent Italian Authority (Italian Consul outside Italy or in Italy before a Court and/or Notary Public).
3. If needed, a certificate of Cessation of any previous marriage (divorce decree, decree of annulment/cessation, or certificate of death of spouse) is always translated and apostilled.
AUSTRALIAN citizens need to sign an Affidavit and obtain a Nulla Osta which contains a declaration that the citizen can contract marriage according to the law of the State of their nationality made before the Australian Consul in Italy, whose signature must be legalized in the Competent Prefettura.
2. Atto Notorio containing a declaration that the citizen can contract marriage according to the law of the State of belonging) with four witnesses, drawn up before the competent Italian Authority, abroad the Italian Consul, in Italy the Civil Status Officer attention: in case you opt for the declaration at our counters will be fixed additional appointment)
U.K. Citizens of the United Kingdom residing in Italy are required to apply for clearance at the British Consulate in Italy.
U.K. citizens residing on British territory may produce either the NULLA OSTA issued by U.K. Consulate/Embassy in Italy but must be on the Italian sold for at least one week (Ministerial Circulars N 6/2013 and n.10/2015) or alternatively produce in the U.K.:
1. Certificate of no impediment to marriage (“Certificate of no impediment to marriage”), issued by the local authority of residence, translated and apostilled;
2. Statutory Declaration on a bilingual (English/Italian) model to be made before a British lawyer or notary public complete with Apostille.
Syrian citizens can obtain the the marriage Nulla Osta referred to in Article 116 of the italian civil code at the Embassy of Syria in Vienna.
A foreigner who is a “POLITICAL REFUGEE” if unable to obtain a nulla osta from their diplomatic authority, will sign a declaration in lieu directly to the Municipality offices, presenting a valid identity document showing the recognized refugee status.
Who will be Your Counselors and Planners?
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:
1) 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.
2) Same-sex couples that want to celebrate a civil union in Italy as in their country the union is forbidden;
3) Couples that come from countries where divorce is not allowed;
4) Italians living abroad registered at AIRE that need to recover their document to start the marriage banns in the Italian Consulate;
5) Assistance with people that come from countries that do not release the nulla osta;
7) People with refugee status who have requested asylum in Italy.