Monday, 24 June 2013

When two British nationals are resident abroad (not Italy, not Commonwealth) wish to marry in Italy Scenario 6

Getting married in Italy does entail obtaining a few documents. I like to think if you have the information clearly in your head then this is not such a hard task and if you follow the steps it becomes part of the adventure!
If you are both British and are resident outside of the EU and Commonwealth here is what you must do.  

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 both resident. Residence status for this process is defined as 21 clear days immediately preceding giving notice of marriage.

You will both need to go to that Consulate in person to give notice of marriage. The Notices of Marriage are then displayed in the public area of the Consular offices for 21 clear days = 23 days in all.

Please check with that Consulate which documents you need to take with you when giving Notice of Marriage. Normally it is the following;
  • Your original full birth/ adoption certificates (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 Passports
  • 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)

It is absolutely essential that the names given to the Registrar, which will appear on the CNIs, are exactly the same as in your passports. For example, Jim Harris on the Certificate and James Harris-Ford on your passport could result in the Italian authorities refusing to allow the marriage to go ahead. We suggest therefore that you take your passport along to the Registrar.
It is essential that you make an appointment to give notice of marriage by contacting the relevant Consulate.

There is a fee for giving Notice of Marriage. Please see 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 Office where you gave Notice of Marriage will endorse them and send them to the British Consulate in Italy which covers the area where you are getting married. You need to check which one that is! They should also include copies of your documents (see above) – please check that they can do this as they may not be aware that we need this documentation in Italy.
When they receive everything you will then have to make contact with them to arrange payment for your Nulla Osta certificates. They will then be able to issue the two certificates.  
They aim to issue the Nulla Osta within 20 days from receipt of documentation but consideration is always given to the date of marriage/local requirements.
They can send them directly to the Comune (Italian town hall) together with an envelope containing your original documents for you to collect. If you prefer they can send everything to us or to another address in Italy.

You should then present your Nulla Ostas to the Comune where you will get married.

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