Legal Guide to get married in Italy

Italy’s enchanting landscapes, rich history, and romantic ambiance make it a dream destination for couples wishing to tie the knot. However, navigating the legal requirements to marry in Italy, especially as a foreigner, can be complex. This comprehensive guide aims to provide you with detailed information on the legal guide to marrying in Italy, covering the types of marriages recognized, the necessary legal prerequisites, required documentation, procedural steps, and other essential considerations to ensure your Italian wedding is legally binding.

Types of Marriages Recognized in Italy

Italy recognizes several forms of marriage, each with its own legal implications and requirements:

1. Civil Marriage: Conducted by a state official, such as a city mayor or their deputy, civil marriages are legally binding ceremonies performed at the local town hall (Comune).
2. Religious Marriage with Civil Recognition: Italy acknowledges religious ceremonies that have civil effects, provided they comply with specific legal formalities. Notably, Catholic weddings can be recognized by the state if registered appropriately. Other religious ceremonies, such as Protestant, Jewish, or Muslim, require a preceding civil ceremony to be legally valid.
3. Consular or Diplomatic Marriage: Foreigners may have the option to marry within their embassy or consulate in Italy, depending on their national laws and the policies of their respective diplomatic missions.
4. Same-Sex Civil Unions: While same-sex marriages are not legally recognized in Italy, civil unions have been permitted since 2016, granting couples many of the same legal rights as marriage. It’s important to note that adoption rights for same-sex couples remain restricted.

Legal Requirements for Marriage in Italy

To ensure your marriage in Italy is legally recognized, both parties must meet the following criteria:

• Age Requirement: Both individuals must be at least 18 years old. Those aged 16 or 17 can marry with parental consent.
• Marital Status: Both parties must be legally free to marry, meaning they are single, divorced, or widowed.
• Non-Consanguinity: The couple must not be closely related by blood or adoption, adhering to the degrees of kinship prohibited by Italian law.
• Mental Capacity: Both individuals must have the mental capacity to understand the implications of marriage and consent willingly.

Required Documentation to get married in Italy

Gathering the necessary documents is a critical step in the marriage process. The specific requirements may vary based on nationality and individual circumstances, but generally include:

1. Valid Passports: Both parties must present valid passports as proof of identity.
2. Birth Certificates: Original or certified copies of birth certificates are required. Non-EU citizens should ensure their birth certificates bear an Apostille stamp to authenticate the document for use in Italy.
3. Nulla Osta (Certificate of No Impediment): This certificate declares that there are no legal obstacles to the marriage. It can be issued by the couple’s home country embassy or consulate in Italy. In some cases, additional legalization at the Prefecture may be necessary, especially for countries not party to specific international conventions.
4. Atto Notorio: Some nationalities require an Atto Notorio, a sworn declaration made in the presence of witnesses, stating that there are no impediments to the marriage. This can be obtained at an Italian embassy or consulate abroad or at an Italian court.
5. Divorce Decree or Death Certificate: If either party has been previously married, they must provide legal proof of the termination of the prior marriage, such as a final divorce decree or a death certificate of the former spouse.
6. Declaration of Intent to Marry: This document is filed at the local town hall where the marriage will take place, stating the couple’s intention to marry.

Procedural Steps to Get Married in Italy

Once all necessary documents are gathered, the following steps outline the typical procedure:

1. Document Translation and Legalization: All documents not originally in Italian must be translated by a certified translator. Additionally, documents may require legalization with an Apostille stamp, depending on the issuing country.
2. Submission of Documents: Present all required documents to the marriage office at the local town hall (Comune) where the ceremony will occur. It’s advisable to schedule an appointment in advance.
3. Declaration of Intent (Pubblicazioni): The couple must appear before a civil registrar to sign a declaration of intent to marry. For residents, this involves the publication of marriage banns, which must be posted for a minimum of two weeks. Non-residents may be exempt from this requirement, but procedures can vary by municipality.
4. Civil Ceremony: The civil ceremony is conducted by a state official and typically takes place at the town hall. An interpreter may be required if the couple does not speak Italian.
5. Registration of Marriage: After the ceremony, the marriage is registered in the civil records. The couple can request copies of the marriage certificate for their records and for use in their home country.

We would always advise to have your wedding planner or someone local to organise this for you or help you out! In the directory of La Lista you will find dozens of amazing professionals that will be able to give you a hand and make the process much easier.

Additional Considerations

• Timing: The entire process, from document preparation to the ceremony, can take several months. It’s crucial to plan well in advance to accommodate any bureaucratic delays.
• Legal Recognition in Home Country: Ensure that your Italian marriage will be recognized in your home country. This may involve registering the marriage with your country’s embassy or consulate and obtaining certified copies of the marriage certificate.
• Professional Assistance: Given the complexity of the legal requirements, many couples opt to hire a wedding planner or legal advisor experienced in Italian matrimonial law to assist with the process.

Conclusion

Marrying in Italy is a dream for many couples, but it requires careful planning and adherence to legal procedures to ensure the marriage is valid. Understanding the various types of marriages, gathering the necessary documentation, and following the required steps will help make the process smooth and stress-free. Since legal requirements and bureaucratic procedures may vary depending on nationality and municipality, seeking assistance from a local wedding planner or legal expert can be invaluable in avoiding complications.

Additionally, couples should consider how their Italian marriage will be recognized in their home country and take the necessary steps to register their union accordingly. With careful preparation and a clear understanding of the legal framework, your wedding in Italy can be a beautiful, seamless, and legally binding experience, allowing you to focus on celebrating your love in one of the most romantic destinations in the world.