October 20, 2020 /
Civil wedding for Indians in Italy
How to get legally married in Italy for Indian citizens.
We often notice that many professionals talk a lot on their blog about Indian religious weddings and rituals and how charming a Hindu or Sikh wedding 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 for an Indian in Italy.
Many people freak out because they are advised to obtain a “nulla osta” from their embassies or authorities as it is the most common practice for most of the nationality’s rules.
But for India, it is different. In fact, the Indian authorities do not issue Nulla osta at all.
But what happens with the Italian civil code?
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.
We need this to be clear. Nulla osta is not a document; it is a sentence. Like: there are no impediments to the celebration of the wedding.
The fact that many people think that a nulla osta is a stigmatized document is a big mistake.
So what you need is a document from the Indian 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.
Also, it is important to highlight that India signed the Hague Convention. Therefore an Apostille needs to be placed on this document (commonly called Affidavit).
Once you’ve done that, you need this document to be translated, 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 who are already resident in Italy is the Indian Consulate in Italy
This practice is also accepted, and it is increasingly widespread among various countries. A certificate can also be issued by the Indian consulate, which is, by definition, the administrative terminal of all the country of origin’s offices.
Although it is not provided for by any state law, this practice is recognized as a valid alternative procedure that might seem more straightforward and convenient.
However, in reality, it is not quite so: commonly, in fact, even the consular representations in Italy issue the certificates directly upon request of the interested parties but require certificates from their country of origin (without translation or legalization) to be shown to the consular representation itself, which then issues its corresponding certificates and directly translated into Italian.
However, at that point, it is still necessary to proceed with the legalization of that certificate because no Italian public office can verify directly whether it is valid so that the legalization of the consular officer’s signature must first be requested at the prefecture competent for the territory, which for the purpose he compares it with the signature deposited explicitly in his office.
This alternative procedure is neither less cumbersome nor cheaper than the previous one, but it can also be evaluated more or less convenient by the directly interested parties, depending on the individual countries’ practice.
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 Italy’s journey at a suitable time for you.
If one of the spouses is resident in Italy, public marriage banns need to be published for 15 consecutive days. Only after that 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.
Note that once you are in the town hall before the official for the oath and the following Italian civil wedding ceremony, you will need an interpreter to swear the oath and translate simultaneously in your preferred language.
If you need a legal consultation for your Indian wedding in Italy to be performed as a civil wedding, please contact us for a free inquiry.Contact us