CIVIL UNIONS
Civil unions: implementation of Act 76/2016 “Regulations on civil unions between persons of the same sex and discipline of cohabitation“
The Act of 20 May 2016, n. 76 “Regulations of civil unions between persons of the same sex and discipline of cohabitation“ introduces in the Italian legislation the possibility for people of the same sex to establish a civil union.
Consular Offices can, as of now, process requests with regard to establishing civil unions between persons of the same sex, in which at least one is an Italian citizen.
The Italian citizen living abroad who, according to the local legislation, is married or has established a civil union, even before the enforcement of Act 76/2016, has the obligation to provide the relative document to the consular Office for its registration into the provisional register of civil unions in Italy.
For further information, contact this Consulate General at the email address: consolare.johannesburg@esteri.it
MARRIAGE
First of all, congratulations! Here's some important information that we suggest you read carefully to prevent any problems with the paperwork you’ll need for your wedding.
A) Getting married at an Italian Consulate (as perart.12, legislative decree 71/2011)
Application to get married in a consulate
If you want to get married in an Italian Consulate the first thing to do is submit your istanza di celebrazione del matrimonio consolare (application to get married in a consulate). Both of you will need to sign the application and either take it in person to the consulate or else send it by post, fax or email. You must also attach a photocopy of your identity documents (for additional information click here for the list of consulates abroad).
In certain cases your application might be rejected (as per legislative decree 71/2011), for example, if the local laws do not allow marriages to be performed in a consulate or if you do not reside in the consular district. If the consulate accepts your application (because it meets the legal requirements) you can then ask for your banns to be published, or “posted”.
Posting your banns
In Italy, before a marriage can take place, the banns must be posted by a civil registrar.
The banns are valid for six months. You can therefore get married from the 4th day until the 180th day after the banns were first posted.
If you are unable to go in person to ask for the banns to be posted, you can delegate a third party to do so. In this case, you must use a special “proxy” written on “plain paper” (i.e. not requiring a tax stamp). This must be accompanied by a photocopy of your identity documents, which must, of course, be valid.
If you are not European Union citizens and are not resident in Italy, you must have your signature authenticated.
Applying for getting married in a Consulate
The application for getting married in an Italian Consulate is preliminary to the request for posting banns. It must be signed by both parties and can either be taken in person to the consulate or else send it by post, fax or email. You must also attach a photocopy of your identity documents. In certain cases your application might be rejected (as per legislative decree 71/2011), for example, if the local laws do not allow marriages to be performed in a consulate or if you do not reside in the consular district. If the consulate accepts your application (because it meets the legal requirements) you can then ask for your banns to be published, or “posted”.
• If you are both Italian citizens and are resident abroad, you must apply to have your banns posted at the diplomatic mission or consulate where your marriage will be celebrated. If you and your partner live in two different consular districts, the banns must be posted in both consulates.
• If one of you (Italian or foreign citizen) is resident in Italy and the other (Italian citizen) is resident abroad, you must apply to have your banns posted at the diplomatic mission or consulate where your marriage will be celebrated. The diplomatic mission will in turn notify the local authorities in the Italian partner's town or city in Italy so that the banns can be posted there. The banns will therefore be posted in both of your places of residence.
• If the Italian member of the couple is resident in Italy but the other partner, the foreign citizen, is resident abroad, you can apply for the banns to be posted:
- in the Italian partner’s municipality (town or city) of residence in Italy. In this case, the local council will issue the delegated authority (as per art. 109 of the civil code) for the marriage to be celebrated at the consulate abroad; or
- in the diplomatic mission or consulate abroad, which will notify the Italian partner’s local authorities in Italy as described in the previous point.
• If you are both resident in Italy, you must apply to have your banns posted in the town or city where you have officially residency. If you each live in a different town or city, the banns will be posted in both. The local council in Italy will issue the delegated authority (as per art. 109 of the civil code) for the marriage to be celebrated at the diplomatic mission or consulate abroad.
B) Getting married in Italy
If you are both Italian citizens resident abroad and you want to get married in Italy, you must ask for your banns to be posted at the Italian diplomatic mission or consulate where you are registered. Once the banns have been posted, the consulate will delegate the local authorities (as per art. 109 of the civil code) in your chosen Italian town or city to perform the marriage.
Documents you need to submit to apply for your banns to be posted
To apply for your banns to be posted, you must go in person to the consulate with a valid identity document (art. 51, para. 1, of DPR 396/2000 - richiesta di pubblicazione or posting request).
If you are not Italian citizens
If you are not Italian citizens and you want to get married in Italy, you must (as per art. 116 of the Civil Code) submit a nulla osta al matrimonio (declaration stating that there is no impediment to the marriage). The nulla osta must be apostilled and translated into Italian . Alternatively, you can submit a “certificate of legal capacity to marry” from the appropriate authorities in your own country. You can submit this when you apply for the banns to be posted.
If you are citizens of a non-EU country and do not have residency in Italy, in addition to the nulla osta you will have to submit additional documents required by art. 51 demonstrating that you meet the legal requirements, since these are documents that were drawn up abroad (non-EU country) and are not registered in Italy or with an Italian consular authority.
The following countries have signed the Munich Convention of 5 September 1980 and issue certificates of legal capacity to marry: Austria, Italy, Germany, Luxembourg, Moldavia, Netherlands, Portugal, Spain, Switzerland and Turkey. The Convention cannot currently be applied to Belgium and Greece as these, although signatories, have not ratified it. The certificates issued under this Convention are exempt from the notarisation requirement or similar formalities in the territory of each of the countries that have signed the Convention. For other countries you will need a nulla osta (no impediment) declaration.
In certain cases, when an impediment was found to exist (as per art 52 DPR 396/2000) when you and your partner first applied to have your banns posted, you may submit a copy of the authorisation to marry subsequently issued by the court. Alternatively, you can send this later by ordinary post.
The Consulate may require additional documents in order to verify that there are no impediments.
C) Getting married abroad – Italian citizens
Italian citizens wishing to get married abroad do not need to have their banns posted, unless this is required by the law of the country concerned.
In some cases, foreign authorities may ask for a certificate of legal capacity to marry in accordance with the Munich Convention of 5 September 1980. This certificate does not need to be translated or legalised.
The following countries, which have signed the Munich Convention of 5 September 1980, require a certificate of legal capacity to marry: Austria, Italy, Germany, Greece, Luxembourg, Moldova, Netherlands, Portugal, Spain, Switzerland and Turkey. The Convention does not currently apply to Belgium, which, although a signatory, has not yet ratified it. If you intend to be married by the authorities of one of the States that has ratified the Convention, you must request issuance of a certificate of legal capacity to marry from your town or city of residence in Italy or, if you reside abroad, by the local consular office.
Some countries that are not signatories to the Munich Convention may require a certificate of no impediment to marry.
If you reside abroad, you should apply for a certificate of legal capacity to marry from the Italian consular office for the jurisdiction in which you live by completing and submitting a dichiarazione sostitutiva di certificazione (self-certification) containing all of the information needed for the certificate to be issued.
In the case that a certificate of no impediment to marry is required, that document must be requested from the consular office authorised for the place where the marriage is to be performed, even if you reside in Italy.
The consular office will issue the certificates requested only after it has made the necessary checks and received the documentation required by law as proof of your legal capacity to marry or that no impediment exists.
Transcribing the marriage certificate
Please remember that, in order to be valid in Italy, any marriage performed abroad must be transcribed by your local council in Italy.
You must send the marriage certificate – the original, not a photocopy – issued by the foreign civil registry office to the consulate. The certificate must be translated and notarised (see the section on translation and legalisation of documents). The consular office will send the certificate to Italy, where it will be transcribed in your local council's civil registry office.
Alternatively, you can send the translated and legalised marriage certificate directly to your local council in Italy (see art. 12, para. 11, DPR 396/2000).
Marriage certificates issued by countries that have signed the Vienna Convention of 8 September 1976, under which a certificate in several languages can be issued, are exempt from the translation and legalisation requirement. These countries are: Austria, Belgium, Bosnia-Herzegovina, Bulgaria, Croatia, Estonia, France, Germany, Italy, Lithuania, Luxembourg, Macedonia, Moldova, Montenegro, Netherlands, Poland, Portugal, Romania, Serbia, Slovenia, Spain, Switzerland and Turkey. Please note that the Vienna Convention cannot currently be applied to Greece, which, although a signatory of the Convention, has not yet ratified it.
