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Legal Requirements
Civil Ceremony
· Requirements for
US citizens
· Requirements for
British citizens
· Requirements
for Australians citizens
· Requirements for
Irish citizens
· Requirements for
Russians citizens
· Requirements for
Chinese citizens
· Requirements for
Japanese citizens:
· Requirements for
Germans
US citizens
Planning to marry in Italy must present certain
documents and comply with specific requirements of
Italian law in order to obtain a marriage license.
The process is time consuming, as it involves visits to
several different public offices, which may be crowded
and open to the public for only a few hours a day.
The documents required and the procedures to follow are
described below.
PLEASE NOTE: The following list of documents is given as
an indication only.
The applicable law on marriages is one and the same all
over Italy, but City Halls may interpret it in slightly
different ways. Please contact the marriage office in
the City Hall where you intend to get married to get a
definitive list of documents to be submitted to that
office.
1. Valid US passport (members of US Armed Forces can
present their ID card, along with a permission to marry
issued by their Commanding officer).
2. Birth certificate (original or certified copy).
3. Evidence of the termination of any previous marriage,
if applicable (e.g.: final divorce decree, annulment
decree or death certificate of former spouse).
4. Affidavit, sworn to by the US citizen before a US
Consul commissioned in Italy, stating that there is no
legal impediment to the marriage, according to the laws
of the State of which the citizen is a resident. This
document is often referred to as “Nulla Osta” by Italian
authorities. Note that a pending divorce, for example,
would be an obstacle. Your legal status must be such
that you can legally marry under Italian and US law. A
consular officer will notarize sworn statements on
Tuesdays and Thursdays, from 9 AM to 11 AM. No
appointments are made; the service is available on first
come, first served basis. A $30 fee is charged for
administering the oath (major credit cards are accepted).
NOTE: Once issued, this affidavit must be stamped by the
Legalization Office of any Prefettura in our Consular
District (there is one in every province capital). In
Milan, the Prefettura is on Corso Monforte 31, telephone:
0277584332. In Venice, the Prefettura is at San Maurizio
2661, tel. 0412703411. In Como, the Prefettura is on Via
Volta 50, tel. 0313171. Public hours are generally from
9AM to 11AM, Monday through Friday. A €11 revenue stamp
(“marca da bollo”) is required – buy it from any
tabaccaio (tobacconist’s).
5. Atto Notorio: This is a declaration, in addition to
the sworn statement described under point 4, stating
that according to the laws to which the citizen is
subject in the United States there is no obstacle to his/her
marriage. This declaration is to be sworn to by two
witnesses (a witness may be of any nationality, but must
be over 18, with current photo ID), before an Italian
Consul outside Italy or, in Italy, before a Court
official in the city where the marriage is to take place.
US citizens coming to Italy to be married are best
advised to obtain this declaration at a Consulate of
Italy before leaving the United States, as some Courts
may have long waiting lists for this service. Those who
decide to request the Atto Notorio in Italy should
contact the Court having jurisdiction over the city
where they intend to marry in a timely fashion, and make
an appointment ahead of time. In Milan, the Court office
to be contacted is at the Palazzo di Giustizia (Courthouse)
on Via Freguglia 1, tel.: 0254333175. Hours: 9 AM to 1
PM, Monday through Friday.
THESE TWO ABOVE STEPS
ONLY TAKE A FEW MINUTES AND CAN BE ARRANGED FOR THE SAME
MORNING OR AFTERNOON IN ONE OF THE 5 CONSULATES
THROUGHOUT ITALY. OUR STAFF ACCOMPANIES YOU THROUGHOUT.
6. A woman whose previous marriage was terminated within
the last 300 days must obtain a waiver from the Procura
della Repubblica presso il Tribunale (District
Attorney's office) at the Palazzo di Giustizia (Courthouse),
in the city where the new marriage will be performed.
Such waiver is issued upon presentation of medical
evidence that the applicant is not pregnant.
7. Declaration of Intention: Bride and groom should
present all the above documents to the Ufficio Matrimoni
(Marriage Office) of the Municipio (City Hall) in the
city where the marriage will be performed,and make a "Declaration
of Intention to Marry" before an Ufficiale di Stato
Civile (Civil Registrar).
Banns are posted only after the Declaration of Intention
to Marry has been filed. Finally, the day of the wedding
can be established.
NOTE:
· All documents originating out of Italy (birth
certificate, divorce decree, etc.) MUST be translated
into Italian. Both the original documents and the
translations MUST be legalized for use in Italy, with
the so-called “APOSTILLE” stamp, in accordance with The
Hague Convention on the legalization of foreign public
documents. In the US, the “APOSTILLE” stamp is placed by
the Secretary of State in the State where the document
was issued.
· Under Italian law, all public documents -- regardless
of their origin -- are considered valid for only six
months from the date of issue. Americans are therefore
advised to make sure that all documents to be submitted
to Italian authorities have not been issued more than
six months ahead of the marriage.
BANNS AND MARRIAGE CEREMONY
Civil Banns must be posted at the Town Hall for two
consecutive weeks including two Sundays before the
marriage can take place. However, banns are
automatically waived if neither party to the marriage is
an Italian citizen or a resident of Italy. A civil
ceremony is performed by the Mayor or one of his
deputies. At this time you will need two witnesses. If
necessary, one of the two can also serve as interpreter.
If a religious ceremony is to be performed by a Catholic
priest, a separate civil ceremony will not be needed, as
the priest will register the marriage with the civil
authorities. The Roman Catholic Church requires
documentation besides the documents listed above (such
as baptismal and confirmation certificates and letters
of freedom). For complete information you should check
with your priest. Because of the special Italian
requirements applicable to marriages performed by
non-Roman Catholic ministers, the latter usually insist
on a prior civil ceremony before performing a religious
ceremony to ensure the legality of the marriage. Persons
planning a religious ceremony should consult the priest,
minister or rabbi as far before the ceremony as possible.
PASSPORT AMENDMENT
After the marriage is performed, the passport of a US
citizen wife may be amended to read in her married name.
To that effect, she should visit a US Embassy or
Consulate with the Civil Certificate of Marriage issued
by the Town Hall, along with her passport. There is no
charge for this service.
More informations
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· Requirements for British citizens
- No impediment certificate (Nulla Osta) issued by the
relevant authorities – IN ORIGINAL
- Long form birth certificate, showing parents’ name
(the short form, without parents name is not sufficient
for Italian marriage formalities) – IN ORIGINAL
- Bride and Groom ‘s passport - PHOTOCOPY
- 2 witnesses’ passport and residence - PHOTOCOPY
- Registry fee (this varies from one Town Hall to the
other and will be communicated on booking)
· If either party was previously married, the previous
marriage certificate and evidence, such as a death
certificate or divorce decree, of dissolution of
previous marriage – IN ORIGINAL
Please note that according to Italian law a divorced
woman or a widow cannot remarry unless 300 days have
passed from the date of the Decree Absolute or decease
of the previous spouse.
· When someone changes his name we need the” Deep Poll
Certificate” or a “Statutory Declaration” – IN ORIGINAL
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· Requirements for Australians citizens
FROM 1 JULY 2004, PROCEDURES FOR AUSTRALIAN CITIZENS
PLANNING TO MARRY IN AUSTRALIA WILL CHANGE
THE NEW PROCEDURES ARE SET OUT BELOW
BEFORE ARRIVING IN ITALY
Before leaving Australia, you need to obtain an Atto Notorio
(sworn declaration) from the Italian Embassy or Consulate in
Australia in the state where you reside.
1. Make sure you travel with your Australian passport. If
you were married before, bring evidence of the termination
of the previous marriage.
If you are widowed, you must bring the death certificate of
your previous spouse. Certificates can be obtained from the
Registrar of Births, Deaths and Marriages.
ONCE IN ITALY
· In addition to the Atto Notorio, an Australian citizen
intending to get married in Italy will need to make a
Statutory Declaration (Nulla Osta). This Statutory
Declaration must be signed whether you are single, divorced
or widowed and you will do so in the presence of an
Australian Consular officer at the Australian Embassy in
Rome or Australian Consulate-General in Milan- A Nulla Osta
literally states that "there are no impediments," or that
one is free to marry. The Nulla Osta (Statutory Declaration)
is valid for six months and is the Euro 12, which is
equivalent of A$20.00.
· You will be assisted by one of our on site assistants in
doing this step in Italy.
· The Nulla Osta must then be legalised by the Uffico
Legalizzazioni of the Prefettura. You will be assisted by
one of our on site assistants in doing this step too. Nulla
Osta and legalization can be done during the same morning.
· If you did not obtain an Atto Notorio prior to coming to
Italy or you currently reside in Italy, the Atto Notorio can
be executed in Rome or Milan.
· If this is the case we will need to make an appointment.
There is a cost that might vary to do this, it is about Euro
600 and includes fees, taxes, stamps, necessary witnesses
and assistant.
Please note that a divorced woman who wants to marry again
within 300 days of the date of her divorce must contact the
local Italian authorities and seek special permission from
an Italian magistrate. This is close to impossible to do.
Otherwise, she must allow the required period of 300 days to
elapse.
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· Requirements for Irish citizens
· Statutory declaration by Irish citizen called a
“Certificate de coutume” for marriage abroad.
Normally it takes 5 days to process. However, if one or both
of the partners intending to marry are divorced, the process
can take up to two months.
(A divorced person or a person who is or intends to marry a
person under the age of 18 years should use a different form).
· Completion of the MP2A form/declaration (Euroevents can
send you a copy via email). This declaration must be made
and signed in the presence of one of the following:
In Ireland a Notary Public, a Commissioner for Oaths or a
Solicitor.
Abroad before a Diplomatic or Consular Officier of Ireland,
or a Notary Public, a Commissioner for Oaths, or an
equivalent person authorized oaths or declarations in that
place.
You need to bring all the following documents to the
DEPARTMENT OF FOREIGN AFFAIRS in Dublin. They will check
them and if everything is ok they will send an email to the
Irish Consulate in Rome, that will issue the Nulla Osta.
• MP2A form
• Birth certificate length form (with parents names)
• Copy of the passports.
At the Department of Foreign affairs you have to pay the
cost of the Nulla Osta which varies from year to year – and
might be around Euro 30 per person.
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· Requirements for Russians citizens
CONSOLATO GENERALE
DELLA FEDERAZIONE DELLA RUSSIA
MILANO
Address: via Sant'Aquilino, 3 – 20148 Milano, Italia;
Tel.: 02-400-92-113, 02-487-06-041;
Fax: 02-400-90-741;
Opening times: lunedi – venerdi: 9.00 -12.45 (visti urgenti:
9.00 - 12.00)
Festivities: January 1, 2 and 7; February 23; March 8; May
1, 2 and 9; June 12; November 7; December 12.
If the above festivities are Sundays, they are celebrated
the following Monday
HOW TO GET THE
“NULLA OSTA AL MATRIMONIO”
In order to get married in Italy a Russian citizen needs a
Nulla Osta which may be obtained by showing the following
documents to the Russian Embassy in Italy:
- 2 original Russian passports, one for Russia and one for
foreign countries;
- Original Birth Certificate;
- If previously divorced/widowed, you need to show your
divorce decree or death certificate
- If documents bear different names, you have to show the
document where we can see that you changed it officially.
- Residence permit.
The cost of the certificate is Euro 95 per person. The
couple must apply for the Nulla Osta in PERSON no one else
will be allowed in the Embassy or Consulate to assist them.
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· Requirements for Chinese citizens
Documents Required for your
Nulla Osta:
1. Visa to enter the country
2. Birth Certificate
3. Passport
4. Certificate attesting the marital status of the person
The documents have to be presented at the Chinese Embassy
who will release the necessary Nulla Osta the dame day. The
Embassy requires that the Chinese national contact the
embassy directly without intermediaries.
Embassy Details
Ambassador: Cheng Wendong
Address: NO.56, VIA BRUXELLES, 00198 ROME, ITALY
Tel: +39-06-8413458
Fax: +39-06-85352891
E-mail: chinaemb_it@mfa.gov.cn
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· Requirements for Japanese citizens:
- family register;
- residence certificate;
- certification of legal capacity to enter a marriage
contract.
All of the above certificates should bear the so-called
apostille which consists in their legalization by the
Japanese Ministry of Foreign Affairs and then should be
translated into Italian in the form of an official
translation
1. Translations of Registry Office acts (certificates of
Birth, Marriage, Divorce and Death)
The Consular Section of the Embassy of Italy in Japan
carries out the translation of Registry Office acts to be
submitted to the town halls in Italy for the purpose of
making additions or modifications to the status of Italian
citizens living in Japan.
2. Sworn translations
As regards all other documents to be translated into Italian,
applicants should obtain the help of qualified translators.
In order for the translations to be duly accepted, the
translator must appear in person at the Consular Section and
take the following steps.
· Sign the written text of an Oath of Extra-Judicial
Translation before a Consular official;
· Submit the original of an oath taken before a notary that
clearly shows that the author of the translation is a
professional translator of Italian and Japanese. This
document must carry the apostille attached by the Ministry
of Foreign Affairs of Japan. Apostilles show that the act
taken before a notary has legal validity also in Italy as
established by the Hague Convention of October 5, 1961;
· Submit a CV that clearly shows that the translator is an
accomplished professional. The CV must be accompanied with
some of the translator's most significant translation works.
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· Requirements for Germans
(German Consulate in Milan – tel. # 0039/02/6231101)
DOCUMENTS NEEDED BEFORE STARTING
1) Your valid and current I.D. card and/or your passport (Personalausweis)
2) The International birth certificate Form (according to
the agreement between Germany and Italy – (internationalen
Geburtsurkunde)
3) If previously divorced, your divorce decree
CERTIFICATE OF NON IMPEDIMENT (Ehefähigkeitszeugnis)
An international permission of marriage (Ehefähigkeitszeugnis)
is required for getting married in Italy. If you are
divorced this certificate reports also the date of divorce.
The so called Nulla Osta (konsularische Bescheinigung) and
the Atto Notorio are usually not required.
If you have been divorced less than 300 days from the
proposed wedding date, there are further requirements to
obtain permission to marry in Italy. Please inquire the
German Consulate in Italy directly.
ONCE IN ITALY
Once in Italy you may be required to do a declaration at the
wedding hall, in which you state that you are free and want
to marry (it is necessary that a translator is present at
the declaration). This is not required everywhere but if it
is needs to be done 3 workingdays before the wedding (so
keep this in mind, when planning your trip schedule)
When you have all the documents ready in Germany, fax us
copies of everything. We will check them and continue the
paperwork on this end. Keep the originals and hand carry
them when you come to Italy (don’t check them at the airport).
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