Thursday, 21 March 2013

British nationals legal requirements to get married in Italy 4.


Scenario four

When a British national, resident in Italy, wishes to marry a foreign national, Italian or otherwise

You should start this process no more than 6 months before your wedding date. There are two steps you have to follow:


Step 1; Giving Notice of Marriage

Find out which British Consulate covers the area where you are resident. Residence status for this process is defined as 21 clear days immediately preceding giving notice of marriage.
The British National will need to go to that Consulate in person to give notice of marriage and take an affidavit (swearing an oath on the bible) or affirmation (making a declaration without the bible). The Notices of Marriage are then displayed in the public area of the Consular offices for 21 clear days = 23 days in all.
You can complete the Notice of Marriage Form as well as theaffidavit or affirmation forms. Please do not sign these forms until you are in front of a Consular official.

You must bring the following documents with you:
  • Your original full birth / adoption certificate (showing parents' names); if you do not have this version you will need to obtain it.  If you were born in the UK you will need to contact the General Register Office
  • Your  British Passport
  • Evidence of termination of any previous marriages, if applicable, (i.e. original death certificate or divorce decree absolute) together with the previous marriage certificates for a divorced woman if maiden name is not shown on the divorce certificate.

    If you have a non-British divorce certificate, we will need evidence of nationality or residency of the country where the divorce took place, for one of the parties, valid at the time of divorce. The divorce certificate will also need to have been translated.

    Please note. Under Italian law a woman who has been divorced and wishes to re-marry in Italy cannot re-marry until 300 days have passed from the date of her divorce. It is possible, however, to apply for a dispensation to this through the Tribunale Civile. Further information should be obtained from the Comune/Town Hall of the area where the marriage is to take place
  • Deed poll or statutory declaration if you have ever changed your name  (except if this is following marriage)
  • If your partner is an Italian national: his/her ID (photocopy) & certificato di stato libero in carta libera
  • If your partner is a foreign national: his/her passport (photocopy). We also need to know where he/she is officially resident according to the Italian authorities and his / her civil status.  If available we need to see a copy of their Certificate of No Impediment issued by their Consulate.
It is essential that you make an appointment to give notice of marriage at the appropriate British Consulate in either Rome orMilan.

There is a fee for giving Notice of Marriage. Please see our payment information.

Step 2;   Nulla Osta certificate required by the Italian authorities

If no impediment is shown to exist at the end of the notice period, the Consular Officer will issue a Nulla Osta Certificate to each party. You can either collect your Nulla Osta in person or we can post it to you. If you would like it posted you will be required to sign a disclaimer letter at the time of giving Notice of Marriage as well as make payment for the Nulla Osta. Please see ourpayment information.
You should now present your Nulla Osta to the Comune where you will get married.


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