December 23, 2020 /
Marriage Requirements for Foreigners in Italy
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According to the Italian civil ceremony rules, foreign citizens can marry in Italy or to a religious rite valid for civil purposes.
Suppose one of the two foreign citizens resides in Italy. In that case, the civil wedding must be preceded by public banns to be requested to the town hall of the registered residence.
If no one is residing in Italy, the town hall will require the spouse to sign a declaration provided by the decree November 3rd, 2000, n. 396 art. 51 in which the spouses will state that between them there are some impediments of kinship, affinity, of adoption or affiliation, or if the spouses have already contracted a previous marriage, or if the spouses are in the conditions indicated in articles 85 and 88 of the Italian civil code (mental impairment, criminal sentence for murder or attempted murder of the previous partner of the future spouse).
Necessary documentation to get married in Italy is:
• Passport for non-EU citizens
• Passport or foreign identity card for EU citizens
• nulla osta. The so-called Nulla Osta is a “no impediment certificate” that certifies that there are no impediments according to the country of origin’s laws.
Nulla Osta must indicate the following data: name, surname, date, and place of birth, paternity and maternity, citizenship, legal residence, and free status (specifying whether the person is single, divorced, widowed, indicating the date of divorce or widowhood).
Suppose you request the Nulla Osta in your country of origin. In that case, it must be translated and legalized in an Italian Embassy or Consulate unless your country of provenance has signed a specific convention that exempts the Nulla Osta for the legalization and/or translation.
For example, there are some exceptions for legalization if your country signed a Convention such as Munich Convention, Hague Convention, or London Convention.
Please note that the nulla-osta (no impediment certificate) can’t be replaced either by a simple free status certificate issued by the foreign Authority or by self-certification. Therefore, to avoid setbacks, it is advisable to check that the permit’s details coincide precisely with those indicated in the passport.
to recap….the Nulla Osta can be released:
• by your foreign consular Authority in Italy; concerning specific Convention (Hague convention, Munich convention or London convention) the signature of the Consul must be legalized at the competent Italian Prefecture;
• by the competent Authority in your country of provenance; the document must be translated by a sworn translator (if the law of your country provides for it) and legalized by the Italian Consulate unless a specific international convention is applicable. Legalization can also be done with an “Apostille” if your country of provenance signed the Hague mentioned above Convention.
The Munich Convention of May 5, 1980, provides for the possibility of replacing the permit with a certificate of marriage capacity, exempt from legalization in Italian’s Prefettura, which is (usually) issued by the local administration residence in your country. This certificate is also exempt from translation into Italian.
The states that have signed the Munich Convention for the release of marital capacity are Austria, Germany, Greece, Luxembourg, Moldova, Holland, Portugal, Spain, Switzerland, Turkey.
It consents to obtain a Nulla Osta that doesn’t need to be legalized in Italy. Therefore, those who come from a country adhering to this Convention do not need to go to the Consular Representation and request legalization, but can go to the competent internal Authority designated by each State – and indicated for each country in the act of accession to the Convention itself (usually the Ministry of Foreign Affairs) – to obtain the affixing of the apostille on the document. This document is automatically recognized in Italy. The updated list of countries that have ratified the Hague Convention (Aja Convention) and one of the competent authorities that can affix the apostille for each State is available on the website of the Aja Conference http://www.hcch.net/.
This Convention states that Nulla Osta emanated by the following countries are exempted from legalization: Austria, Cyprus, France, Germany, Greece, Ireland, Liechtenstein, Luxembourg, Norway, Netherlands, Poland, Portugal, Czech Republic, Republic of Moldova, United Kingdom, Romania, Spain, Sweden, Switzerland, Turkey, Belgium.
Translation of the Nulla Osta
The Nulla Osta must be correctly translated into Italian.
The translation of the legalized Nulla Osta (if legalization is applicable by convention) can be done in two ways:
1) In your country of provenance:
a) at Italian diplomatic offices through an accredited interpreter if the official translator does not exist in the country that issued the document. The Italian version must bear the stamp “for compliant translation.”
b) In countries where, on the other hand, the legal figure of the “official translator” exists, compliance can be certified by the translator himself, whose signature will subsequently be legalized by the Consular Office.
2) In Italy:
By “sworn translation” carried out by a sworn translator authorized by the Court or by anyone who knows the language in which the certificate is drawn up in addition to the Italian one, except the person concerned.
In the latter case, the translation must be certified by producing the relative oath report received by the clerk of any judicial office, including the Office of the Justice of the Peace, without further formalities.
Sometimes it is possible to get a Nulla Osta that is already translated into Italian. For example, this happens when you request the Nulla Osta to your consulate present on the Italian soil.
Based on specific international agreements and conventions for some foreign citizens, different conditions are applied for the following citizenship:
Australian citizens in place of the authorization, the following documents are required:
• Sworn declaration made by the Australian citizen to the competent Australian consular Authority in Italy. It must be stated that “the laws to which he is subject in Australia are just, no impediment to the civil marriage they must contract Italy.” The Consul’s signature must be legalized at the Italian Prefecture.
• Notorious deed (Atto notorio) made by four witnesses in the presence of the Italian Civil Status Officer, certifying the personal data of the Australian citizen and that “the laws to which he is subject in Australia are just, no impediment to the marriage he must contract in Italy.”
For the certificate of ability to marry, Finnish citizens must contact the local administrative Authority in Finland. The certificate must have its translation into Italian by a sworn translator. Both documents must have an “Apostille” (The Hague Convention).
English, Scottish, and Northern Ireland citizens, and in general for residents of the United Kingdom, must provide:
1. “Certificate of non-impediments” issued by the local authority of the country of origin, bearing the “Apostille” (Hague Convention 1961) and its translation into Italian, also holding the “Apostille.”
2. “Bilingual sworn declaration,” made by the interested parties, to a UK lawyer or notary with an “Apostille” (Hague Convention 1961).
Furthermore, following the Circulars n.6 / 2013 and n. 10/2015 of the Ministry of the Interior, the following documents are required:
• for citizens who do not reside in the United Kingdom and, for citizens living in Great Britain who intend to marry an Irish citizen in Italy: Nulla Osta issued by the British consular or diplomatic Authority in Italy;
1. non-impediments certificate (nulla osta) issued by the Local Authority of the country of origin, equipped with” Apostille “(Hague Convention 1961) and its translation into Italian, also with” Apostille on it either.”
2. “Bilingual sworn declaration,” made by the interested parties, to a UK lawyer or notary with an “Apostille” (Hague Convention 1961)
For British citizens residing in Jersey, Guernsey, and the Isle of Man, the Nulla Osta was issued by the British consular or diplomatic authority in Italy.
For the release of the permit to get married, Lithuanian citizens must apply to the Municipal Registry Offices in Lithuania. The certificate must have its translation into Italian by a sworn translator. Both documents must have an “Apostille” (The Hague Convention).
Starting from May 14, 2015, the certificates issued by the Civil Registers of the Mexican States are the only certificates attesting to a person’s marital status. In particular, the new certificate of “Constancia de Resistencia de Registro” certifies that there are no registrations in the name of the person concerned. Therefore, the registrar officers can accept these certificates to celebrate the marriage of Mexican citizens who intend to marry in Italy.
Norwegian citizens must obtain the permit issued by the Registry of Norwegian residence translated in Italian by a sworn translator in Norway. In both cases, it must be equipped with an “Apostille” (The Hague Convention)
The head of the civil status office of the municipality of residence in Poland is competent for issuing the authorization to marry in Italy. The nulla osta translated into Italian by a sworn translator is exempt from legalization in the Italian Prefettura. With a communication dated 07/05/15, the Consulate General of Poland based in Milan informs that the Polish Consulate in Italy will issue the permit for marriage in Italy regardless of the Polish citizen’s Italian residence. Furthermore, the nulla osta will be valid for six months instead of 3, as the previous law provides.
The clearance is issued by the Civil Status Office of the Republic of San Marino. It is exempt from any legalization • a full copy of the birth certificate or birth certificate with annotations.
For the permit’s release to get married, Syrian citizens must contact the Embassy of the Syrian Arab Republic in Vienna. The nulla osta need to be legalized by the Austrian Ministry of Foreign Affairs and subsequently by the Italian diplomatic-consular representation in Vienna. The nulla osta must have the relative translation into Italian legalized by the Italian diplomatic-consular word in Vienna.
US citizens should read this specific post about American citizens who wants to get married in Italy.
In place of the authorization, the following documents are required:
• Sworn declaration made by the US citizen to the competent US consular authority in Italy. It must be stated that “the laws to which he is subject in the United States are just, no impediment to the marriage he must contract in Italy.” The Consul’s signature must be legalized at the Italian Prefecture.
• Notary deed made by two witnesses before a competent Italian authority (Chancellery of the Italian Court, Italian notary, Italian consular Authority abroad), certifying name, surname, date, and place of birth, paternity and maternity, citizenship, the legal residence has been free (specifying whether the person is single, divorced, widowed, indicating the date of divorce or widowhood) and that “according to the laws to which he is subject in the United States, no impediment to the marriage he must contract in Italy.”
Rules that concern the marriage of Australian citizens in Italy require a sworn declaration made before the Consul of Australia in Italy, showing that, following the laws to which he is subject in Australia, there is no impediment to the marriage he intends to contract in Italy. The Consul’s signature must be legalized at the Prefecture;
deed of notoriety (which must also indicate that the citizen can marry according to the law of the country of origin) drawn up before the competent Italian Authority (Italian Consul abroad), with four witnesses.
• Swedish citizen who’s residing in Sweden: no impediments certificate (nulla osta) issued by the Registry of the Swedish municipality of residence, translated into Italian by a sworn translator and equipped with “Apostille” (Hague convention).
• Swedish citizen was residing in Italy: authorization issued by the Swedish Consulate in Italy.