Marriage in Italy for foreigners

Marriage in Italy for foreigners: how to get married in Italy?

The migratory trend, increased in recent years, has led to the exponential growth of the marriages between foreigners citizens in Italy and in particular in places such as Venice, Florence, Lake Como, Verona, Amalfi Coast, Rome, Portofino, Puglia and the splendid Taormina.

In order to get married in Italy a foreigner citizen must meet the following requirements:

- to have the age of majority;
- to have not been declared interdicted due to insanity;
- to be free of status.

A marriage considered valid in Italy may be not considered also valid in the State to which the foreign citizen  belongs. The certificate related to marriage which has been celebrated in Italy, must be presented at the Consulate or at the foreign Embassy in Italy to comply with the necessary fulfillments in order to make the same also valid in the Country concerned.

Marriage in Italy for foreigners: when is possible to get Italian citizenship by marriage? 

The marriage can produce effects on the citizenship of spouses. If provided by the law of both the States,  it is possible that after the marriage the spouse of different nationality will acquire the citizenship of the other spouse.

The Italian citizenship is granted to foreigners as a result of marriage in the presence of certain requirements such as:

- a legal residence in Italy for a period of at least 2 years after marriage or 3 years of marriage if residing abroad;

- validity of the marriage;- no separation between spouses;

- absence of criminal convictions;

- absence of impediments related to national security.

Even children of a foreign citizen and an Italian one will access certain benefits. These children until the age of majority will keep a dual citizenship, which is granted to them by the "right of blood", from their parents, if provided by the law of the Country.

Marriage in Italy for foreigners: what to do if they already have the residence in Italy

If both the foreign citizens are already resident in Italy in order to get married they need to comply the following procedure:

1) to request marriage banns to the registrar of the municipality of residence or domicile;

2)  to provide a declaration, issued by the competent authority of their Country, in accordance with the laws in force, where the permit to the marriage is shown. The same declaration shall be translated and legalized (Article 116 of the Civil Code);

3) to provide a document certifying the regularity of the stay in the Italian territory (residence permit or identity card).

The aforementioned obligations do not apply to Australia and the USA, as these countries do not have the competent authorities to issue the permit. As a matter of fact Australian and American citizens  will have to provide the registrar with the following:

- sworn statement made before the competent consular authority;
- documents issued by the US or Australian authorities, from which the permit to the marriage is shown in compliance with the laws in force.

Once received the authorization, the registrar proceeds with the marriage banns according to the formalities provided for Italian citizens.

If the foreign citizen does not know the Italian language, he must be assisted by a translator - interpreter.

Marriage in Italy for foreigners: what happens to the British citizens?

The marriage between foreigners in Italy is ruled by specific laws if involving two British citizens. They can choose between:

- to do the marriage banns in the United Kingdom (ex ministerial circular No. 6/2013), and obtain the "certificate of non-impediment" and the bilingual sworn statement,
- to contact the United Kingdom Consulate in Italy to obtain the consular clearance.

Foreigner citizens who are neither residents nor domiciled in Italy, will have to sign before the Civil Status Officer a report stating that there are no legal impediments due to kinship, affinity, adoption or affiliation between them. In these cases the officer proceeds to the celebration without the wedding banns.

Political refugees and stateless persons can get married in Italy, without producing the permit, provided that they file the certification attesting the status of political refugee or statelessness.

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