DISCLAIMER: THE INFORMATION RELATING TO THE LEGAL REQUIREMENTS OF ITALY IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC ITALIAN LAWS OR REGIONAL REQUIREMENTS SHOULD BE FURTHER INVESTIGATE.
OVERVIEW: Persons wishing to be married in Italy must appear with two witnesses and make a declaration of their intention to marry before the Ufficiale di Stato Civile (Civil Registrar) of the city or town where the marriage is to take place. At the time of making their declaration the couple must present all required documents (see below). Following the declaration it is usually necessary for banns, or marriage announcement, to be posted at the local comune (city hall) for two consecutive Sundays before the marriage occurs if one of the parties is Italian or if the U.S. citizen is a resident of Italy. However, banns are waived by the Ufficiale di Stato Civile if neither party to the marriage is Italian and neither is residing in Italy.
On the fourth day following the second Sunday on which the banns are posted (or any time after banns have been waived) the couple may be married, either in a civil ceremony or a religious one. A civil ceremony is performed by the Ufficiale di Stato Civile or one of his assistants.
RELIGIOUS CEREMONIES: If a religious ceremony is performed by a Roman Catholic priest, a separate civil ceremony is unnecessary but the priest must register the marriage with the Ufficiale di Stato Civile in order for it to be legal. Because of the special Italian requirements applicable to marriage performed by non-Roman Catholic clergymen, the latter usually insist on a prior civil ceremony before performing a religious ceremony in order to ensure the legality of the marriage.
TRANSLATORS: Local authorities require the presence of a translator if neither party speaks Italian.
DOCUMENTARY EVIDENCE: The following documents must be presented to the Ufficiale di Stato Civile when making a declaration of intention to marry:
1. U.S. passport or, if a member of the Armed Forces, identification card;
2. Birth certificate (certified copy), which shows the names of both parents;
3. Evidence of termination of any previous marriage (final divorce or annulment decree or death certificate);
4. Sworn statement of consent to the marriage by the parents or legal guardian if the American citizen is under 18;
5. A declaration (atto notorio) , sworn to by four (4) witnesses before either an Italian consular officer in the United States or, in Italy, at a Pretura or before a mayor or town clerk, stating that according to the laws to which the citizen is subject in the United States there is no obstacle to his or her marriage. Any American going to Italy to be married is urged to obtain this declaration before leaving the United States as it may be much easier to find four witnesses who know him or her sufficiently well to make such a declaration in the United States rather than in Italy.
6. A declaration, sworn to by the U.S. citizen before a U.S. Consular Officer at the U.S. Embassy/Consulate in Italy, stating that according to the laws to which the citizen is subject in the United States there is no obstacle to his or her marriage. Evidence of U.S. citizenship (passport, naturalization certificate, birth certificate showing birth in the United States) must be shown to the U.S. Consular Officer at the time of making this declaration. U.S. military personnel must also present final approval of his/her commanding officer for the marriage. Presentation of this declaration allows Italian authorities to reduce from three weeks to approximately four days the time you must wait before being granted a marriage license.
FEES: The U.S. Consular Officer will charge a $55.00 fee to notarize your declaration. There will be additional fees associated with translations, apostilles and ordering of public documents.
AUTHENTICATION OF DOCUMENTS: All public records issued outside of Italy and intended for use in Italy must have a "Hague certification," or apostille , which is a form affixed to a public record by the Secretary of State of the U.S. state issuing the document under the terms of a treaty. When obtaining the required birth, death or divorce documents, ask the issuing office for instructions and fees for obtaining an apostille, or contact the office of the appropriate state Secretary of State. Information about the Hague Legalization Convention, as it is commonly known, is also available on the internet or by autofax (see below).
TRANSLATION OF DOCUMENTS: The document(s) must be translated into Italian and the translation must be certified by an Italian Consular Officer. The addresses of translation services and the Italian Embassy or nearest Consulate can be found in the telephone directory of any large or fairly large American city. you may also check the Embassy of Italy's homepage on the Internet http://www.italyemb.org
SCHEDULING AN APPOINTMENT AT THE U.S. EMBASSY/CONSULATE: You must contact the U.S. Embassy/Consulate prior to your departure form the United States to make certain that a U.S. Consular Officer will be available on the date when you plan make your declaration.
U.S. EMBASSY/CONSULATE LOCATIONS:
U.S. Embassy Rome, Via Veneto 119/A, 00187 Rome
U.S. Consulate General Florence, Lungarno Amerigo Vespucci 38, 50123 Florence
U.S. Consulate General Milan, Via Principe Amadeo 2, 20121 Milan
U.S. Consulate General Naples, Piazza della Repubblica, 80122 Naples
CERTIFIED COPIES OF YOUR ITALIAN MARRIAGE CERTIFICATE: You should request a number of certified copies of your marriage certificate, as they will be needed for a variety of employment, insurance and legal purposes, and may be difficult to obtain at a later date. There is a small fee for each.
APOSTILLE FROM ITALIAN AUTHORITIES: Ask the local authorities to have an apostille affixed to each certified copy of the Italian marriage certificate. In Italy, the following individuals are authorized to affix apostilles: 1) I Procurators della Reppublica (The Public Prosecutor); 2) The Competent Prefetti (Heads) of the Territories for the Valley of Aosta; Il Presidente della Regione (The Head of the District for the Provinces of Trente and Bolsano; Il Commissario di Governo (The Commissioner of the Government). See also our general flyer on the "Hague Legalization Convention" available via our home page on the Internet orvia our automated fax service.
USING THE INTERNET: The Department of State's Country Specific Information for Italy and more detailed information about obtaining an apostille are available on the Internet via the Department of State, Bureau of Consular Affairs Home Page at the URL: http://travel.state.gov or via the main State Department Home Page at http://www.state.gov under "Travel."
You will both need to give notice of your intent to marry at your local registry office in the UK, after 16-21 days assuming no one has objected to your marriage they will issue you both with a certificate of no impediment. These documents do not need to be translated into Italian.
Once you have these you should send the originals by recorded delivery with the documents listed below to the British Consulate in Milan(click on the link for the address) they are responsible for issuing the Nulla Ostas for Tuscany.
Sight of all the original documents will be required by the British Consulate before the Nulla Ostas are issued.
The British Consulate in Milan will then send the Nulla Ostas and your birth certificates to me by courier post so the Nulla Ostas can be submitted to the relevant town hall prior to the Verbal Declaration. This means that you won’t have to arrive a week before your wedding chasing around for the documents you need and means that you are free to arrive a couple of days before the wedding to relax and spend time with your friends and family who have travelled a long way to be with you. For further information of this service please contact me.
For more information about British couples getting married in Italy you can also consult the Foreign Offices page UK in Italy – page – MARRIAGE IN ITALY where you’ll also find the current fees for the Nulla Ostas.
We’re going to assume for this that you both live in Ireland or England, if you don’t then please ask for details of where you should apply for your Nulla Osta. In Ireland these are dealt with by the Department of Foreign Affairs in Dublin and the Irish Embassy in London and they will send the documents to the Irish Embassy in Rome who will then post the Nulla Osta to the person organizing your wedding in Italy one month before the wedding. The processing of the documents takes around 4 months so it’s important that you submit your application in time but please note that the the application forms for the Nulla Osta cannot be completed earlier than six months before the date of your intended marriage. That is, the date of the Statutory Declaration which is completed in the presence of the Commissioner for Oaths, Public Notary or Solicitor, cannot be earlier than six months before the date of your intended marriage.
Documents you will need:
• Original Long form of civil birth certificate
Each person applying for a Nulla Osta will need to complete these forms MP1, MP2 if you are single form MP2A, forms relating to divorcees can also be found and downloaded from this link.
To get married in Italy you will need an “Atto Nottorio” this is an oath which is sworn in front of two witnesses and notarized by the Italian Consular stating that there are no legal impediments to the marriage according to the laws to which the person concerned is subject to in Australia.
The “Atto Nottorio” also states that there are no impediments for the person requesting to marry in Italy according to Article 116 comma 2 (art. 85, 86, 87 number 1, 2 & 4) of the Italian Civil Code. Basically these refer to you not being mentally insane, not related in any way and my personal favourite that you haven’t tried or been convicted for killing a partner or another person.
Although it is advisable to get this in Australia, it can be obtained in the lower courts in the region where you are getting married but you will need to be here early in order to do this as they are done by appointment only.
You may have to have your documents translated but the Italian Consulate will give you a list of translators who are qualified to do this. You should contact the Italian Consulate in the State where you live for an appointment.
You will also need a Nulla Osta which is issued by the Australian Embassyin Rome, no appointment is necessary. In order to obtain the Nulla Osta you must go in person and present the following documents:
Once you have your prized Nulla Osta they should be legalized by the Prefettura of the district where you are getting married, (you will need to get two Marca da Bollo (administration stamp) to the value of €14.62) if you are using a wedding planner then they should do this for you, Marry Me In Tuscany does!
After the wedding it’s important that your wedding certificate is taken back to the Prefettura to request the placement of an “Apostille” on the certificate so that your marriage is legal in the Australia, again Marry Me In Tuscany will do this for you and post your marriage certificates on to you at home.
New Zealanders wishing to get married in Italy will need to get a Nulla Osta which is issued by the New Zealand Embassy in Rome. Applications for the Nulla Osta together with the documents listed below can either be sent by Courier, post or delivered in person).
Once they have all the necessary documents and the fees have been paid, it usually takes about a week for the Embassy to prepare the Nulla Ostas. The documents can then either be collected in person or couriered to you or your wedding planner.
For Canadians wishing to marry in Italy, you will need a Nulla Osta, the Canadian Government doesn’t issue these but don’t loose heart they do issue a declaration containing the relevant information which is accepted by the Italian authorities. Requests for the declaration can be made by appointment at the Canadian Embassy in Rome or by mail. Their delivery service standard is 3 business days from the time they receive a complete request so quite a quick turnaround.
You must first complete and swear an affidavit to the effect that there is no impediment to the proposed marriage. You may swear the affidavit in Canada, or you go go in person to the Canadian Embassy in Rome you will need to book an appointment and you can contact them by e-mail or fax to request one.
If going to the Canadian Embassy in Rome you will need to take with you the following documents.
If you are going to swear your Affidavit in Canada then you can do this with a Public Notary, the original Affidavit and certified copies of the above documents should then be sent to the Canadian Embassy in Rome, payment of the fee can be paid on line or by bank transfer see the link above for details of how to do this.
The Canadian Embassy will then send your Nulla Ostas to your wedding planner, who will get them legalized at the local Prefettura before you arrive the cost for the Marca da Bollo (Administration stamp) is €14.62 per Nulla Osta.
After the wedding it’s important that your wedding certificate is taken back to the Prefettura to request the placement of an “Apostille” on the certificate so that your marriage is legal in the Canada, again Marry Me In Tuscany will do this for you and post your marriage certificates on to you at home.
Others nationalities requirements would be investigated on request
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