The celebration of marriage must be preceded by publications executed by the civil registrar. They are valid for six months. The marriage may be celebrated from the 4th day and no later than the 180th day after the publication. In the event that the bride and groom are unable to appear in person to request the publications, they may appoint a third person by means of a special power of attorney drawn up on plain paper and provided with copies of their valid identity documents. For the non-EU citizen not residing in Italy, the signature must be notarized.
A) Marriage to be celebrated before the Italian consular authority in the cases provided for by Art. 12 of Legislative Decree 71/2011
Preliminary to the request for publications is the application for the consular marriage celebration, signed by both nubendi, which can be presented in person at the consular office or sent by mail, fax or email accompanied by a photocopy of identity documents.
Pursuant to Legislative Decree 71/2011, the celebration of the consular marriage may be refused when local laws oppose it or when the parties do not reside in the district.
If the consular office grants the request (insofar as the requirements of the regulations are met), the unmarried parties will have to proceed with the request for publications.
If both nubendi (Italian citizens) have their residence abroad, the marriage publications should be requested and carried out at the diplomatic or consular Representation where the marriage will be celebrated (if the nubendi reside in two different consular circumscriptions, the publications should be carried out at both diplomatic or consular Representations).
If one of the bride and groom (Italian or foreigner) has residence in Italy while the other (Italian citizen) has residence abroad, the marriage publications should be requested from the Diplomatic or Consular Representation where the marriage will be celebrated, which in turn will request them from the Municipality of residence in Italy. Therefore, the publications will be made in both places of residence.
If the Italian nubendo has residence in Italy while the other foreign national has residence abroad, the marriage banns may be requested:
- To the Municipality of residence in Italy and carried out there. In this case, the Municipality will issue a proxy (Art. 109 of the Civil Code) for the celebration of the marriage at the Diplomatic or Consular Representation abroad;
- or to the Diplomatic or Consular Representation abroad, which will proceed as indicated in point 2.
If the bride and groom are both residents of Italy, the marriage banns are to be requested at the Municipality of residence and carried out there (if the bride and groom reside in two different Municipalities, the banns will be carried out in both Municipalities). The Municipality will issue the proxy under Article 109 of the Civil Code for the celebration of the marriage at the Diplomatic or Consular Representation.
B) Marriage to be celebrated in Italy
Italian bride and groom residing abroad must request marriage banns from the Italian diplomatic or consular Representation in whose consular files they are registered. The Consular Representation, once the publications have been carried out, delegates the celebration to the Italian municipality indicated by the interested parties (Art. 109 of the Civil Code).
Documents accompanying the request for publication under points A) and B).
The bride and groom must appear in person at the Consular Office with a valid identity document in order to make the declarations referred to in Article 51 of Presidential Decree 396/2000 (request for publication).
In the event that the bride and groom are unable to appear in person to request the publication, they may appoint a third person by means of a special power of attorney drawn up on plain paper and provided with copies of their valid identity documents.
The foreign citizen groom must compulsorily submit the marriage clearance or certificate of marital capacity issued by the competent authorities of the country of which he is a citizen at the time of the request for publication, or send it later by regular mail.
The states that have acceded to the Munich Convention of September 5, 1980 and issue the “certificate of matrimonial capacity” are as follows: Austria, Belgium, Italy, Germany, Greece, Luxembourg, Netherlands, Portugal, Spain, Switzerland, Turkey. Other states are referred to as nulla-osta. Likewise, the betrothed, in the cases provided for in Article 52 Presidential Decree 396/2000, may submit a copy of the order of authorization for marriage granted by the court in the presence of an impediment at the time of the request for publications, or send it later by regular mail.
C) Marriage to be celebrated before the foreign local authority
An Italian citizen who contracts marriage at a foreign state is not subject to marriage publications, unless the same are required by foreign legislation.
In some cases the foreign authority requires a certification attesting to the compatriot’s marital capacity or a clearance.
The states that have acceded to the Munich Convention of September 05, 1980 and require the “certificate of matrimonial capacity” are as follows: Austria, Belgium, Italy, Germany, Greece, Luxembourg, Netherlands, Portugal, Spain, Switzerland, Turkey. It is issued by the Civil Status Office of one’s municipality of residence and is exempt from legalization. In the case of residence abroad, the certificate is issued by the relevant Consulate. For other states it is referred to as a nulla-osta.
The request for the above documents should be submitted to the Italian Diplomatic or Consular Representation in the foreign country by filling out a statement in lieu of certification containing all the information necessary for the issuance of the requested certificate, together with a valid identity document.
The Representation, having made the appropriate verifications, will issue the requested document. If the citizen resides in Italy, the competence lies with the municipality.
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