October 20, 2020 /
Civil wedding for Indians in Italy
How to get legally married in Italy for Indian citizens.
We often notice that many operators of the wedding field talk a lot on their blog about Indian religious weddings and rituals and how charming a Hindu or Sikh marriage can be.
But there is very insufficient information on how to get married for an Indian couple in Italy and how to manage a civil wedding and documentation for an Indian citizen in Italy.
Many people freak out because they are advised to obtain a “nulla osta” from their Indian Embassies or Consulate in Italy.
But what does the Italian civil code require to get a foreigner married in Italy?
As is known, Article 116 of the Civil Code, in the first paragraph, recites that the foreigner who wants to marry in the State must submit to the registrar a declaration of the competent authority of his country, showing that, just the laws to which he is subjected, nulla osta to marriage.
So what you need is a document from the Indian local authority that states that in respect of the Indian rules, there are no impediments to the wedding for the Indian person who asked for it.
And since India signed and ratified The Hague Convention, the documents you obtain in India are valid and recognized in Italy.
At this point, your wedding planner will gather this documentation. After a check on its validity, you will send it to the town hall selected.
Your wedding planner in Italy will also book the sworn declaration of no impediments to the marriage. You will have to swear before a town hall official one day or two days before the wedding day.
After that, the civil wedding can take place in the presence of an interpreter was two witnesses.
Regarding The Hague Convention, you will need to place an Apostille on the document issued in India.
The Apostille certifies that the document is authentic and valid in Italy, part of The Hague Convention.
In any case, these documents need to be translated by the Italian Embassy or Consulate in India, and an Apostille needs to be placed on the translation too.
Once you have these two documents, you’re ready to come to Italy and get married.
An alternative to the Apostille for those already resident in Italy is to require assistance from the Indian Consulate in Italy.
But unfortunately, the Indian Consulates in Italy do not issue Nulla Osta for Indians who not resides in Italy.
If you are an Indian living in Italy, the consular representations in Italy will issue the certificates directly upon request of the interested spouse. Still, they may require credentials from the administration in India (without translation or legalization).
However, at that point, the Nulla Osta issued by the Indian Consulate in Italy will need to be legalized at the competent Prefettura in Italy.
But, what is the legalization?
The legalization recognizes the signs of the Indian Consul made by the Italian administration so that the town hall where you will get married will be sure that the Nulla Osta has been issued by a recognized foreign authority in Italy.
In conclusion, note that each town hall in Italy has its praxis regarding the oath you have to swear before an official inside the town hall. Therefore, it is good to be in touch with them or with your wedding planner to plan your journey in Italy at the most suitable time for you.
Please also note that if one of the spouses is resident in Italy, public banns of marriage need to be published for 12 consecutive days.
Only after that period you can get married.
In case neither of you are resident in Italy, no marriage banns will be needed. So it will be faster and simple. You will only need to make a sworn declaration before the town hall official one or two days prior the wedding date.
Note that once you are in the town hall for the legally binding marriage ceremony, you will need an interpreter to assist you during the ceremony.
Also, by law two witnesses will need to be present during the ceremony.
If you need a legal advices n for your Indian wedding in Italy to be performed as a civil wedding, please contact us for a free consultation.
In case you need to check updates about the wedding celebration regulations in relation to covid-19 restrictions, please visit the page about covid-19 wedding updates.