How does the notice of marriage in Italy work?

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

In order to celebrate a civil or religious marriage having civil effects in Italy, it is necessary to apply for a notice of marriage at the Municipality where either party is a resident or at the competent Consulate if the Italian citizen is a resident abroad registered with AIRE.

The purpose of the “pubblicazioni di Matrimonio” is to inform the local community and make public the parties’ intention to contract marriage. 

This way, those who have an interest against the marriage and are aware of facts (provided for in the Civil Code) that may be an obstacle may oppose the celebration.

APPLICANT REQUIREMENTS

At least one of the bride and groom must be residents in the Italian Municipality or in a city abroad (if the spouse abroad is registered at AIRE) that is pertaining to the jurisdiction of an Italian Consulate abroad.

Couples who meet the necessary requirements of the Italian Civil Code may apply for “pubblicazioni di matrimonio”, if they are two persons:

– of different sexes (publications are not provided for civil unions) and of free status, that is, not bound by a previous civil or religious marriage with civil effects;

– not related to each other by ties of kinship, affinity, adoption, and affiliation in the degrees established by the Civil Code (unless authorized by the protective judge);

– over the age of 18 or who have reached the age of 16 if they have authorization from the Juvenile Court;

– foreign citizens with a “nulla osta” or an equivalent “certificate of capacity to marry” issued from their state.

METHOD OF APPLICATION

This banns of marriage (Pubblicazioni di Matrimonio) must be requested at the registrar at the town hall of the Municipality in which one of the couples resides or at the competent Consulate if the applicant is a citizen is a resident abroad and registered with AIRE.

A record will be made here that contains the following information for both spouses:

– the first and last name;

– the date and place of birth;

– citizenship;

– residence; freedom of status;

– whether there is any impediment of kinship, affinity, adoption, or affiliation between them;

– whether they have already contracted marriage;

– whether they have been declared disqualified because of insanity;

– if they have been convicted of consummated or attempted murder on each other’s spouses.

DOCUMENTS TO BE SUBMITTED

– Identification document of both spouses

– Tax code.

– In case of religious marriage: request from the parish priest or minister of religion

– For foreign nationals: Marriage Nulla Osta or another equivalent document according to applicable international conventions. 

– No. 1 €16.00 revenue stamp to be affixed to the deed of publication (two revenue stamps if residing in different municipalities)

ITER PROCEDURE

The registrar at the Municipality’s town hall or the MAECI Officer of the Italian Consulate abroad will request the necessary documentation to prove the non-existence of impediments to contract marriage between the spouses.

The act of publication is then posted on the computer-based Municipal Register for the time prescribed by law ( 8 days). After that, it remains deposited in the Office for an additional 3 days for any objections. After the above statutory time limits have expired, the future spouses have 180 days to contract the marriage. If, after 180 days, the marriage has not been celebrated, the publication passes without taking effect; a new publication must be made to contract the marriage. 

Special Cases:

Minors who have reached the age of 14 must submit a decree of authorization from the Juvenile Court.

Divorced women may contract a new marriage only if three hundred days have passed since the divorce.

This deadline is not observed:

1. if the marriage is authorized by court decree (for municipalities abroad, the competent court is the court of the spouse’s last residence or residually the court in Rome);

2. if there is a judgment showing that there was no cohabitation in the three hundred days preceding the divorce;

3. if the dissolution or divorce was obtained due to non-consummation of the marriage or separation lasting three years.

Widowed women may also remarry only three hundred days after the death of their husbands.

Who will be your 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.