How can an Italian get married abroad?

How can an Italian get married abroad?

civil wedding before the Major in Italy.

Requirements for Italian citizens getting married abroad.

If you wish to marry at an Italian diplomatic or consular Representation you must follow the regulations provided for in Article 12 of Legislative Decree 71/2011.

If you wish to get married at an Italian diplomatic or consular Representation, your wedding planner must submit an instance of a consular marriage celebration.

You must sign and submit this document to the consular office or send it by mail, or e-mail with a photocopy of your identity documents.

There are some cases in which your application may be denied (Art. 12 D. Lgs. 71/2011)
The head of the consular office shall celebrate the marriage between citizens or between a citizen and a non-citizen.

The celebration of the marriage may be refused when local laws oppose it or when the parties do not reside in the correct district.

On the appeal against the consular officer’s refusal of the banns or the celebration of the marriage, the court of the last residence in Italy or the court of Rome has jurisdiction if the nubendo has never had residence in Italy

If, on the contrary, the consular office grants your request (insofar as the requirements of the regulations are met), you can proceed to apply for the publications.

Pubblicazioni di matrimonio

In Italy, the marriage celebration must be preceded by publications carried out by a civil registrar. The publications remain posted on the consular notice board for at least eight days. You may marry after three days after the completed publication and within 180 days.

If you cannot appear in person to request the banns, you may appoint a third person using a special power of attorney drawn up on plain paper and accompanied by copies of your valid identity documents. Your signature must be notarized if you are not a citizen of the European Union or not a resident of Italy.

If you are both Italian citizens residing abroad, you must request marriage banns from the Diplomatic or Consular Representation where the consular marriage will be celebrated. Furthermore, if you reside in two consular districts, the publications must be made at diplomatic or consular Representations.

If one of you (Italian or foreigner) has a residence in Italy while the other (Italian citizen) has a home abroad, you must request the marriage banns from the Diplomatic or Consular Representation where the consular marriage will be celebrated, which in turn will ask their execution at the Municipality of residence in Italy. Therefore, the publications will be carried out in both places of residence of the bride and groom-to-be.

If the Italian bride and groom is resident in Italy while the other foreign national is resident abroad, you have two options: request the banns from the Diplomatic or Consular Representation or from the Italian Municipality of residence, which will issue a proxy to the Diplomatic or Consular Representation for the celebration of the marriage according to Article 109 of the Civil Code.

If you are both residents of Italy, you must request marriage banns from your Municipality of residence. If you reside in two different municipalities, the publications will be made in both municipalities. The Municipality will issue the Diplomatic or Consular Representation with a proxy for celebrating the marriage following Article 109 of the Civil Code.

Civil wedding on the Dolomites.

If you are Italian and wish to marry abroad (outside the Italian Consulate)

Italian citizens marrying abroad are only subject to marriage banns if they are required by foreign law.

To marry in one of the countries party to the 1980 Munich Convention, you will be required to produce a “certificate of capacity to marry.” This certificate is exempt from legalization and translation.

The states that have ratified said Convention are as follows: Austria, Germany, Greece, Luxembourg, Moldova, Netherlands, Portugal, Spain, Switzerland, and Turkey. It should be noted that the said Convention cannot currently be applied to Belgium, which, although a signatory country, still needs to ratify it.

The “certificate of matrimonial capacity” will be issued to you by your Municipality of residence in Italy or, if resident abroad, by the diplomatic-consular Representation competent by residence.

In some countries, which are not parties to the Munich Convention, the Local Authorities at which the marriage is celebrated may require a certificate of the absence of impediments to contract marriage. This attestation must be requested from the Italian diplomatic-consular Representation in whose territorial jurisdiction the wedding is to be celebrated, even if you are resident in Italy or another foreign jurisdiction.

The diplomatic-consular Representation will be able to issue the requested document only based on the positive outcome of the investigations, having acquired ex officio the documents required by law and those deemed necessary to prove the non-existence of impediments.

The transcription of the marriage act

A marriage celebrated abroad to be valid in Italy must be transcribed at the competent Italian Municipality.

The original marriage act issued by the foreign Civil Status Office, duly legalized and translated (see section Translation and Legalization of Documents), must be submitted, by the interested parties, to the diplomatic-consular Representation, which will take care of its transmission to Italy for transcription in the civil status registers of the competent Municipality.

Alternatively, you may submit the deed, duly legalized and translated, directly to the Italian Municipality to which you belong (according to Article 12, paragraph 11, of Presidential Decree 396/2000).

Acts issued by countries that have acceded to the 1976 Vienna Convention on the Issuance of Multilingual Extracts of Civil Status Records are exempt from legalization and translation. The countries that have ratified the Convention are Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Cape Verde, Croatia, Estonia, France, Germany, Italy, Lithuania, Luxembourg, Macedonia, Moldova, Montenegro, the Netherlands, Poland, Portugal, Romania, Serbia, Slovenia, Spain, Switzerland, and Turkey.
It should be noted that the Convention cannot currently be applied to Greece, which, although a signatory country, has yet to ratify.

For foreigner getting married abroad in an Italian Consulate

To marry by consular marriage as a foreigner under Italian law before an Italian consul or diplomatic representative (or to an Italian town hall), it is necessary to obtain a nulla osta under Article 116 of the Italian Civil Code.
The nulla osta is a declaration issued by your consular authority. Italy states that there are no impediments to the marriage (according to the law of your country of provenance and the Italian law as well).
To obtain the nulla osta, it is necessary to submit the required documents to the consular authority, which varies depending on the country you intend to marry. In general, to get married abroad, it is necessary to present the following:
the certificate of free status or birth certificate;
the certificate of residence;
the certificate of marital capacity certifies that marriage is possible under Italian law.
In addition, a translation into the language of the country where you intend to marry of the documents listed above must be submitted. If one or both of the future spouses are divorced or widowed, the previous spouse’s divorce certificate or death certificate must also be submitted.
It is important to remember that a marriage celebrated abroad also has an effect in Italy, provided it is celebrated following the law of the country in which it was observed and the provisions of Italian private international law.

A bride signs the marriage certificate after her civil wedding in the "sala rossa" in Rome.

Who will be your Planners?

Law firm for marriage 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:

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;

6) American and Australian couples who needs assistance with “atto notorio” in an Italian Court or the Italian Consulate in the USA or Australia.

7) People with refugee status who have requested asylum in Italy.

Italian Consulate

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