Last update September 2026.
Legalization of Foreign Documents for Use in Italy:
If you are a foreign national planning a civil marriage in Italy, you may be required to obtain a Nulla Osta or another document proving that, according to the law of your country, there is no legal impediment to your marriage.
Obtaining the document, however, may not be the final step.
Depending on which authority issued it, the country involved and the international conventions applicable to that country, the document may also need to be legalized before it can be accepted by the Italian Town Hall (Comune).
Legalization and Apostille are often confused, but they are not the same procedure.
1. What is a Nulla Osta for marriage in Italy?
Article 116 of the Italian Civil Code requires a foreign national who intends to marry in Italy to submit a declaration from the competent authority of his or her country stating that there is no impediment to the marriage according to that country’s laws.
This document is commonly referred to in Italy as a Nulla Osta al matrimonio.
The authority competent to issue it varies according to nationality and the international agreements applicable to the country concerned.
For some nationalities, the document can be issued by the Embassy or Consulate of the foreign country in Italy.
For others, the required documentation must be obtained in the country of origin.
Other countries are subject to specific international conventions and may use a certificate of legal capacity to marry or another form of documentation instead.
For this reason, the correct procedure must always be determined according to the nationality of each person intending to marry and, where relevant, their residence and personal circumstances.
2. Why does a foreign document need to be legalized?
As a general rule, a foreign public document intended for use in Italy must undergo a form of authentication, unless an exemption applies under European Union law or an international convention.
The purpose of legalization is not to confirm that everything stated in the document is true.
Instead, it authenticates the signature on the document and the capacity in which the person who signed it acted.
In other words, legalization allows the Italian authority receiving the document to verify that it originates from an authority entitled to issue it.
The applicable procedure depends primarily on where the document was issued and by whom.
3. Legalization and Apostille are not the same procedure
The terms legalization and Apostille are sometimes used interchangeably, but legally they refer to different procedures.
The Apostille is the simplified authentication system established by the Hague Convention of 5 October 1961.
Where the Hague Apostille Convention applies between the country in which the public document was issued and the country in which it must be used, the Apostille replaces the ordinary diplomatic or consular legalization procedure.
The Apostille is issued by the competent authority designated by the country in which the document originates.
Where the Hague Apostille Convention does not apply, ordinary diplomatic or consular legalization may instead be required, unless another international convention or rule provides an exemption.
Therefore, the correct question is not simply whether a document needs “legalization”.
It is necessary to establish whether the document requires:
- an Apostille;
- ordinary diplomatic or consular legalization;
- legalization by an Italian Prefettura; or
- no legalization at all because an exemption applies.
4. What do legalization and Apostille certify?
Both procedures concern the authenticity of a public document for international use.
They certify, in particular:
- the authenticity of the signature appearing on the document; and
- the capacity or official qualification of the person who signed it.
They do not certify the truth or legal accuracy of the substantive content of the document.
The principal difference lies in the procedure used to authenticate the document.
An Apostille is the simplified authentication provided for by the Hague Convention of 5 October 1961.
Ordinary legalization follows the diplomatic, consular or national legalization procedure applicable when the Apostille Convention does not apply.
5. Where should a Nulla Osta or other foreign marriage document be legalized?
This depends on where and by whom the document was issued.
A. Documents issued by a foreign Embassy or Consulate in Italy
A Nulla Osta is frequently issued directly in Italy by the Embassy or Consulate of the foreign national’s country.
When legalization is required, documents issued by a foreign diplomatic or consular representation resident in Italy must be legalized by the competent Italian Prefettura.
The Prefettura verifies the signature of the foreign diplomatic or consular officer who issued the document.
This is ordinary legalization.
It is not an Apostille.
For example, if a foreign Consulate in Italy issues a Nulla Osta for one of its nationals and no international convention provides an exemption from legalization, the document must generally be taken to the competent Prefettura before it can be submitted to the Italian Town Hall.
The Prefettura can legalize the document only if the signature of the relevant diplomatic or consular officer has been deposited and can be authenticated.
B. Documents issued by authorities in the country of origin
A different procedure applies when the document was issued by an authority located outside Italy.
If the issuing country and Italy are both bound by the Hague Apostille Convention in relation to the document concerned, the document can generally be authenticated by an Apostille issued by the competent authority in the country of origin.
If the Hague Apostille Convention does not apply, the document will generally require ordinary diplomatic or consular legalization by the competent Italian Embassy or Consulate in the country where the document was issued.
However, before proceeding with either legalization or Apostille, it is always necessary to verify whether another international convention, European Union rule or bilateral agreement eliminates the authentication requirement altogether.
6. When is legalization not required?
Not every foreign document used for a marriage in Italy needs to be legalized or apostilled.
Several international and European instruments provide exemptions.
For example, certain documents issued by diplomatic or consular agents may be exempt from legalization under the European Convention of London of 7 June 1968.
Other bilateral or multilateral conventions may also abolish legalization requirements between specific countries.
For certain public documents circulating within the European Union, Regulation (EU) 2016/1191 may also remove the requirement for legalization or Apostille.
There are also specific international conventions concerning civil-status documents and certificates of legal capacity to marry.
This is why nationality alone is not sufficient to determine the procedure.
It is necessary to identify:
- the type of document;
- the authority that issued it;
- the country where it was issued;
- the country where it will be used; and
- any European or international convention applicable to that particular document.
7. Does a Nulla Osta need an Apostille?
Not necessarily.
If the Nulla Osta was issued by a foreign Embassy or Consulate in Italy and legalization is required, the relevant procedure is normally legalization of the consular officer’s signature by the competent Italian Prefettura.
An Apostille is not used for this procedure.
If, on the other hand, the relevant marriage document was issued by an authority in the foreign national’s country of origin, an Apostille may be appropriate if the Hague Apostille Convention applies.
If the Convention does not apply, ordinary diplomatic or consular legalization may be required instead.
There may also be cases in which no authentication is necessary because an international convention provides an exemption.
8. Does legalization mean that the document must also be translated?
Legalization and translation are separate requirements.
Legalization authenticates the origin and signature of a public document.
Translation makes its contents understandable to the Italian authority that must use it.
A document issued abroad and intended for use before an Italian authority will generally need to be translated into Italian if it is not already issued in Italian, subject to any exemptions or specific international rules that apply.
However, it is incorrect to assume that every apostilled document automatically requires a particular type of translation simply because an Apostille has been attached.
The translation requirements must be assessed separately from the authentication requirements.
Similarly, a Nulla Osta issued by a foreign Embassy or Consulate in Italy does not necessarily require a separate translation if the document itself is already issued in Italian or in a form accepted by the competent Italian authority.
9. Who legalizes documents in Italy?
The competent Italian authority depends on the type of document.
The Prefettura is generally competent for the legalization or Apostille of signatures on administrative documents and, importantly for international marriages, for the legalization of documents issued by foreign diplomatic or consular representations resident in Italy when legalization is required.
Judicial and notarial documents, as well as certain other documents falling within the judicial system, are generally within the competence of the Procura della Repubblica.
For documents issued abroad and intended for use in Italy, the procedure may instead involve the competent Italian diplomatic or consular representation abroad.
Determining the competent authority before beginning the procedure can avoid unnecessary appointments, rejected documents and delays.
10. Legalization of a Nulla Osta at the Prefettura
When a Nulla Osta has been issued by a foreign Embassy or Consulate in Italy and requires legalization, the document is presented to the competent Prefettura.
The Prefettura verifies the signature of the diplomatic or consular officer against the signature deposited with the Italian authorities.
Once the signature has been authenticated, the legalized Nulla Osta can be used for the subsequent marriage procedure before the Italian Town Hall.
It is important to check territorial competence and the availability of the relevant signature specimen before attending the Prefettura.
The practical procedure, appointment system and method of submission may differ from one Prefettura to another.
11. Apostille for documents issued abroad
When the marriage document is issued in a country that is party to the Hague Apostille Convention and the Convention applies between that country and Italy, the Apostille is issued in the country where the document originated.
It is not issued by an Italian Prefettura simply because the document will later be used in Italy.
The competent Apostille authority varies from country to country.
Depending on the legal system concerned, it may be a Ministry, court, government department or another designated authority.
Once properly apostilled, the document does not require the ordinary diplomatic or consular legalization that the Apostille replaces.
Any translation requirement must then be considered separately.
12. Legalization for countries where the Hague Apostille Convention does not apply
If the document was issued in a country for which the Hague Apostille Convention does not apply in relation to Italy, an Apostille cannot simply be used as an alternative.
In the absence of another applicable exemption, the ordinary legalization procedure must be followed.
For a foreign public document intended for use in Italy, this generally means legalization by the competent Italian diplomatic or consular representation in the country where the document was issued.
Conversely, an Italian public document intended for use in a country where the Apostille Convention does not apply may require ordinary legalization in Italy followed by legalization by the diplomatic or consular authorities of the destination country.
The exact chain should always be checked according to the country and type of document involved.
13. A practical distinction
The following distinction is useful when dealing with documents for a civil marriage in Italy:
Document issued by a foreign Embassy or Consulate in Italy
→ If legalization is required: legalization at the competent Italian Prefettura.
Document issued in a Hague Apostille Convention country
→ If the Convention applies and no exemption exists: Apostille issued by the competent authority in the country of origin.
Document issued in a country where the Hague Apostille Convention does not apply
→ In the absence of another exemption: ordinary diplomatic or consular legalization, generally through the competent Italian Embassy or Consulate abroad.
Document covered by an international convention or European Union exemption
→ Legalization or Apostille may not be required at all.
14. Why the correct procedure matters before a marriage in Italy
Italian Town Halls must verify that the documentation submitted by foreign nationals satisfies the legal requirements applicable to their marriage.
A document can therefore be genuine and valid in its country of origin but still not be ready for use in Italy because the required authentication or translation has not been completed.
Conversely, requesting an Apostille or legalization when an international convention already provides an exemption can create unnecessary costs and delays.
For this reason, the legalization procedure should not be considered in isolation.
It forms part of the wider legal assessment of the documents required for the specific couple, taking into account nationality, residence, the issuing authority, the applicable international conventions and the requirements of the Italian civil registrar.
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.
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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.
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