December 3, 2021 /
How to get married in Italy without the Nulla Osta
What to do in case you can’t get your Nulla Osta to marry in Italy?
If you landed here, you indeed got an idea of Nulla Osta. Indeed, to get married in Italy as a foreign citizen, you need this document.
Sometimes it needs to be legalized and translated to get married in Italy.
In most cases, your wedding planner will withdraw it at your Consulate in Italy after a specific procedure applicable to your Country, and international Convention has been started.
Well, there are cases, not so unfrequent, where for any reason, the authority of your Country of origin does not want to release the Nulla Osta. So you start to feel frustrated that your civil marriage in Italy should be canceled.
But there is a way out.
Article 98 of the Italian civile code states that the town hall officials who do not believe they can proceed with the banns of marriage issue a certificate with the reasons for the refusal.
At this point, an appeal can be made to the competent Court against the refusal after hearing the public prosecutor.
So there is a way out to get you married here in Italy if the Judge sees no impediments to your marriage concerning the Italian law.
It may be required to prove as much as possible that there are no impediments to the marriage.
Therefore, for example, you could produce a certificate of free marital status, bring to Court, a witness that can declare that there are no impediments to your marriage or demonstrate that you have no kinship and affinity with your partner, and provide any other document eligible to prove that there are no impediments to the marriage according to Italian law.
It could also be helpful to explain to the Judge that the authorities’ refusal of your Country of origin has been declared because of religious or political reasons.
However, in these cases, these reasons are contrary to the principles of the Italian legal system; therefore, it is probable that the Judge, after a confrontation with the public prosecutor, will grant permission to your marriage on Italian soil.
The same procedure, as stated by “decreto legislativo” February 3rd, 2011, n. 71, can be applied if the refusal is made by the Italian Consulate abroad.
In that case, the Jurisdiction competent for the appeal will be the Court in the district where the last residency in Italy of one of the spouses occurred or the one of the (AIRE) town hall where one of the spouses is registered.