Application for a civil wedding in Italy

According to the cults allowed in the State, foreign citizens may contract marriage in Italy either by an Italian civil rite or by religious rite valid for civil purposes.

Besides Planners, we have been legal consultants for the Italian foreign offices! This experience allowed us to gain deep expertise in foreign affairs.

– If the foreigner is resident or domiciled in Italy, the so-called “Pubblicazioni di Matrimonio“ are required.

– If the bride and groom are both foreigners, neither resident nor domiciled in Italy, instead of requesting Marriage Publications, they must sign a declaration in which they declare that there are no impediments between them due to kinship, affinity, adoption or affiliation, nor any other impediments according to Articles 85, 86, 87 and 88 of the Civil Code. This declaration is usually signed after an appointment with the Civil Status Office one day before the wedding day, although sometimes some town hall consent to concentrate this declaration together with the civil wedding rite.

– Foreign citizens who do not know the Italian language must be assisted, both for the declaration of the absence of impediments and during the celebration of the marriage itself, by an interpreter who knows the Italian language and the language spoken by the spouse who doesn’t understand Italian.

The interpreter is not provided by the Municipality so your planner will recruit one for you.

For the celebration of the marriage, see the “Civil Marriage” or “Religious Marriage” section.

APPLICANT’S REQUIREMENTS

Since the conditions for contracting marriage are regulated both by the national law of the country of origin and the Italian law, the fundamental document for the celebration of a foreigner’s wedding in Italy is the nulla osta, issued according to Article 116 of the Italian Civil Code by the competent Authority of the country of origin or an equivalent documents issued under specific international agreements or conventions.

So as you can see the Nulla Osta is an act that is a result of a the regulation applied by two legal system (the italian one and by the one whose the spouse belongs).

The Nulla-osta must contain the following data:

– An indication that there are no impediments to marriage according to the laws of the home state;

– Surname and first name;

– Place and date of birth;

– Generalities of the father;

– the generality of the mother;

– Citizenship;

– Residence (if the citizen is enrolled in the Registry Office of an Italian municipality, that municipality must be indicated as a residence; if, on the other hand, the citizen is not enrolled in any Italian Registry Office, the foreign municipality of residence must be indicated);

– Please note that if the Italian citizen residing abroad is registered at “AIRE,” it will be necessary to proceed with the notice of marriage (pubblicazioni di matrimonio) at the Competent Consulate abroad and then proceed with the civil rite of marriage in an Italian Municipality.

– Marital status (single, widowed, or divorced): for the divorced woman, the date of dissolution of marriage is required; for the widowed woman, the date of death of her previous husband is required. For both, if of unmarried status (divorced or widowed) for less than 300 days, the Authorization of the Italian Court is needed (article 116, comma 2 and article 89 of the Italian Civil Code).

Note: If the Nulla Osta does not include the particulars of the parents, the birth certificate must be presented.

The marriage Nulla Osta may be issued:

– By the Authority of the Embassy or Consulate of the home state in Italy, the signature must be legalized in the competent Prefettura for states that have not acceded to the Conventions that provide for its exemption. Documents issued in member countries of the European Union (EU Regulation 2016/1191) and the following states are exempt from legalization: Great Britain, Liechtenstein, Moldova, Norway, Russia, Switzerland, and Turkey. (London Convention of June 7, 1968).

– By the Competent Authority of the home state, in case the foreign State’s regulations allow it (ascertain competence by contacting the Consulate or Embassy in Italy). Documents issued abroad must be translated into the Italian language and legalized by the Italian Authority in the same foreign State (Consulate or Consular Registry of the Embassy of Italy) or by apostille to the organs in charge by the countries adhering to the Hague Convention of 5/10/1961 unless there are different provisions. If the translation is done abroad, the translator’s signature must also be legalized in the forms requested. Countries that provide for this casuistry are Finland, Lithuania, Norway, Poland, Sweden, and the United Kingdom (if the translation is done in these countries).

DOCUMENTATION TO BE SUBMITTED

– valid passport;

– marriage Nulla Osta or equivalent certification provided for in special conventions/agreements between states;

– a copy of the interpreter’s document (if necessary);

All documents must be produced in original.

Documents formed abroad must be translated into Italian (or drawn up on multilingual models provided by appropriate conventions) and legalized unless exemption are applicable.

Provisions for certain countries on the Nulla Osta:

Citizens of the countries AUSTRIA, GERMANY, LUXEMBOURG, MOLDOVA, NETHERLANDS, PORTUGAL, SPAIN, SWITZERLAND, TURKEY, adhering to the Munich Convention of 05/09/1980, must produce the “Certificate of Marital Capacity” issued by the Civil Status Office of the Municipality of Residence (belonging) in the State of origin (exempt from legalization). This certificate, as specified in Ministry of the Interior Circolare N. 4 of 21/01/2005, is not subject to any legalization and is sufficient certification to proceed with the banns and subsequent marriage of a foreigner who is a citizen of one of the Convention countries.

Citizens of the countries AUSTRIA, BELGIUM, BULGARIA, CYPRUS, DENMARK, ESTONIA, FINLAND, FRANCE, GERMANY, GREECE, IRELAND, LITHUANIA, MALTA, NETHERLANDS, POLAND, PORTUGAL, CZECH REPUBLIC, SPAIN, and SWEDEN may use the document called “matrimonial capacity” issued by the competent Authority of their country according to (EU Regulation 2016/1191) accompanied by its translation on a standard multilingual form.

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;

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.