American legal requirements for citizens getting married in Italy

Photo by Alfonso Longobardi

Paperwork Required for US Citizens getting marry in Italy

DOCUMENTS and DECLARATIONS:

 Passport for a civilian.

 Birth certificate (Must be translated into Italian and "legalized" by the Secretary of State in the state in which they were issued).

 Permission to marry issued by the Commander from the military in case the bride or the groom is serving a Military Corp. (Must be translated into Italian and "legalized" by the Secretary of State in the state in which they were issued).

 If applicable, evidence of the termination of any previous marriage such as final divorce decree, annulment decree or death certificate. (Must be translated into Italian and "legalized" by the Secretary of State in the state in which they were issued)

 Atto Notorio. This is a declaration stating that according to US laws, there is no obstacle to the citizens’ marriage. This declaration is to be sworn to by two witnesses (a witness may be of any nationality, but must be over 18, with proper identification), before an Italian Consul outside of Italy, US citizens coming to Italy to get married are urged to obtain this declaration from an Italian Consul in the United States before leaving for Italy.

TO BE DONE IN THE UNITED STATES:

 The above documents must be translated into Italian. There is a company we use should you wish us to take care of translating your documents at the rate of 35 euro per page.

 Present all translated documents and originals to the Italian Consulate in the United States.

 Declaration sworn at the American consular office in Italy that there are no obstacles according to US law to getting married.

 If under 18, sworn Statement by parents or legal guardian consenting to the marriage.

 Translated documents must be legalized for use in Italy with an "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. Please note you should not require the apostille stamp to be translated as both the USA and Italy signed the "Convention de La Haye du 5 Octobre 1961", as is written on the apostille, however just to be safe we recommend you also have the apostille stamp translated.

 Under Italian law, all public documents, regardless of their origin, are considered to be VALID FOR ONLY 6 MONTHS from the date of issue. Make sure that all your documents to be submitted to Italian authorities have not been issued more than six months ahead of the wedding. This includes your certified copies of your birth certificate and PLEASE MAKE SURE IT IS THE LONG FORM BIRTH CERTIFICATE WITH BOTH YOUR PARENTS NAMES STATED.

TO BE DONE IN ITALY:

These two steps only take a few minutes and can be arranged for the same day in one of the 5 consulates throughout Italy. We would accompany you; however we are not allowed to enter the American consulate.

Please note you must have your passport stamped on arrival in Italy. If you changed your flight in Europe I shall accompany you to the Questura to obtain a declaration of presence.

 Declaration, sworn to by the US citizen at US Consulate stating that there is no legal impediment to his/her marriage. Your legal status must be such that you can legally marry another person under Italian and US Law. After obtaining the declaration (a nulla osta) from the Consulate, it must be taken to the Prefecture to be authenticated (legalized), as described below.

 Authentication (legalization) of the aforesaid declaration must be done by the Legalization office of the Prefettura. Usual office hours are from 10am to 1pm Monday through Saturday. The required legalization can be obtained at any Prefecture within the district of the consulate you visited. There is one in every provincial capital.

 A woman whose previous marriage was terminated within the last 300 days must obtain a waiver from the Procura della Republica (District Attorney), which is issued on presentation of a medical certificate that she is not pregnant.

 You must produce to the Registrar in the town you are to be married the following documentation: Full birth certificate, passports, if applicable your translated and original final divorce decree, annulment decree or death certificate, your witnesses passports and your translators passport, both of your atto nottorio’s and both of your nulla osta’s. Plus receipt of payment for the town hall.

 Make a sworn declaration before the Registrar, to the effect that none of the impediments stated in the following articles (85, 86, 87, 88, 89 of the Italian Civil Code, apply in the matter of the marriage of you and your fiancé . That you are free to marry not in violation of the following civil code:

1. No known mental illness of either party that may constitute an impediment to the marriage;

2. Neither Party is presently married;

3. The Parties are not blood relations in the first of second degree;

4. No conviction for murder or attempted murder on the spouse of the other contracting party;

5. Neither party to this marriage has lived with his or her divorced partner during the last 300 days.

You can finally get married!

For further information

US department of State

American consulate in Italy

List of Italian Consulates in America

Information on translation of documents