Marriage in Italy: Requirements - I do in Italy

So, you decided to get married in Italy, the most beautiful Country in the world. That’s great news!

Below you’ll find some useful information on the bureaucratic requirements you will need to fulfill, in order to be able to celebrate your wedding in Italy if you are not a citizen or a resident.

To get married in Italy as a foreigner you must have:

1. A valid passport

2. A Statutory Declaration (“Nulla Osta” – art. 116 of the Italian Civil Code), which may be issued:

By the Embassy or Consulate of your Country of origin in Italy, whose signature must be legalised by the local Prefecture. If your Country of origin is one of the following, legalisation of the signed Nulla Osta will not be necessary:
Austria, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Denmark, Estonia, France, Germany, United Kingdom, Greece, Ireland, Liechtenstein, Luxembourg, Macedonia, Norway, Netherlands, Poland, Portugal, Czech Republic, the Republic of Moldova, Romania, Serbia-Montenegro, Slovenia, Spain, Sweden, Switzerland, Turkey.

By the competent authority of your Country of origin, if said Country’s law allows it (please contact your Consulate or Embassy in Italy with regard to this). Documents issued abroad must be translated into Italian and legalised by the Italian authority in the same foreign country (consulate or consular chancery of the Italian Embassy) or by apostille by the competent authorities of the countries acceding 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 legalised in the manner described. These requirements apply to the following Countries: Finland, Lithuania, Norway, Poland, Sweden and the United Kingdom.

The “Nulla Osta” must contain the following information:

  • The indication that there is no impediment to marriage under the laws of the country of origin;
  • Surname and first name;
  • Place and date of birth;
  • Personal details of the father;
  • Personal details of the mother;
  • Citizenship;
  • Residence (if the citizen is registered in the Registry of an Italian city, the name of this city should be indicated as the residency location; if the citizen is not registered in any Italian city, the city abroad where he is resident must be indicated);
  • Marital status (single, widowed or divorced). For a divorced woman the date of dissolution of marriage must be indicated, for a widowed woman the date of death of the former husband must be indicated. For both, of they have been divorced or widowed for less than 300 days, they will also need PERMISSION OF THE COURT. A divorced woman should contact the Office anyway in order to determine whether or not she needs the Authorisation of the Court.

Note: If the “Nulla Osta” does not include the parents’ personal details, it is necessary to produce a birth certificate.

Rules for specific countries on the “Nulla Osta”:

Citizens of Austria, Germany, Luxembourg, Netherlands, Portugal, Spain, Switzerland, Turkey and The Republic Of Moldova, that are part of the Monaco Convention of 05/09/1980, must present a “Certificate of legal capacity to marry” issued by the Civil Status Office of the city of residence (membership) in their Country of origin (no need for legalisation). This certificate, as specified in the Ministry decree of 21/01/2005 n. 4, is not subject to legalisation to proceed to the publication and subsequent marriage of a national of a Country that is part of the Convention.

US citizens will need to provide:

An affidavit, made before the Consul of the United States of America in Italy, to the effect that, according to the laws to which they are subject to in the United States, there is no impediment to them getting married in Italy. The signature of the Consul must be legalised by the Prefecture. The
affidavit (which must indicate that the citizen can marry according to the law of the State in which they are registered as a resident) must be prepared before the competent Italian Authority: Italian Consul abroad, Court, Notary Public.

Australian citizens will need to provide:

An affidavit, made before the Consul of Australia in Italy, to the effect that, according to the laws to which they are subject in Australia, there is no impediment to them getting married in Italy. The signature of the Consul must be legalised by the Prefecture. The affidavit (which must indicate that the citizen can marry under the law of the State in which they reside) must be prepared before the competent Italian Authority (Italian Consul abroad), with four witnesses.

With effect from March 1st 2013, UK nationals, residing in the UK, who intend to get married in Italy must provide – replacing the current authorisation issued by the British consular authority in Italy – a “certificate of no impediment”, released by the local authority of their Country of origin, and a “bilingual affidavit” made by a lawyer or a notary public in the UK. The certificate of no impediment, apostilled and duly translated, will be presented, together with the bilingual affidavit, also legalised, to the competent registry office. The procedure differs for British nationals residing in England and Wales who wish to marry an Irish citizen: the permit issued by the British Consulate in Italy will still be valid for them.

Compliance:

If a foreigner is resident or domiciled in Italy, the marriage publication will be necessary.
If both spouses are foreign, non-resident or domiciled in Italy, rather than asking for the marriage publications, they will need to sign a statement in which they declare that there are no obstacles between them such as kinship, affinity, adoption or affiliation, nor other impediments pursuant to art. 85, 86, 87 and 88 of the Civil Code. The statement shall be signed, after getting an appointment with the Office of Civil Status, at least three days before the wedding, submitting the necessary documents (nulla osta or equivalent certification, provided by special conventions/agreements between States)
If a foreign national does not understand the Italian language, they should be assisted by a translator – interpreter (with a valid ID), both during the publication request and during the wedding ceremony.

Laws:

  • Civil Code (Article 116);
  • Ministerial documents related to the issuing of nulla osta;
  • Agreements between Italy and other Countries related to the issuing of nulla osta.