Marrying in the Italian Republic
When entering into marriage on the territory of Italy, citizens of Belarus must obtain a certificate of no impediment to marriage (Nulla Osta al matrimonio) from the Embassy of the Republic of Belarus in Italy (in Rome) for presentation to the Italian municipality at the place of marriage.
To obtain such a certificate, it is necessary to provide or send the following documents to the Consular Department of the Embassy of the Republic of Belarus in the Italian Republic:
- a copy of passport pages 30-32, and the page with the registration stamp in the Republic of Belarus;
- a copy of the applicant's birth certificate;
- a copy of the divorce certificate or a copy of the court decision (in case of remarriage);
- a copy of the identity document of the foreign groom/bride;
- an original certificate from the registry office at the place of residence on the absence of a marriage record (so-called certificate of single status), valid for 6 months from the date of issue.
The certificate of no impediment to marriage (Nulla Osta al matrimonio) is issued by the Consular Department of the Embassy in Russian. Nulla Osta is done on the same day, within about an hour, and a consular fee must be paid for its receipt in the prescribed manner.
A state stamp (marca da bollo) must be affixed to the Nulla Osta, and then the document must be taken to the prefecture at the place of residence for apostille (i.e., legalization). As a rule, the apostilled Nulla Osta is issued after three days.
Next, the documents of the future spouses (apostilled Nulla Osta certificate and national passport of a citizen of the Republic of Belarus and the carta d’identita of the groom/bride) are submitted to the commune at the place of residence, after which you can choose the date of the wedding within the next six months, otherwise the betrothal procedure must be repeated again. And on the commune's website or on the notice board, the upcoming wedding is officially announced.
Betrothal
First of all, the future spouses must become "betrothed" and for this they must make an appointment at their municipality for the "marriage vow". On that day, the bride and groom, in front of an official of the municipal registry office (if they live in different cities, they choose the municipality at their discretion), declare their free will to enter into marriage. In this case, two witnesses must be present, at least one of whom is a parent, to confirm that there is no family relationship or other obstacles to the marriage between the betrothed. If this is not possible, as an option, a full copy of the birth certificate can be presented (requested from the registry office at the place of birth).
Announcement of the upcoming wedding – pubblicazione
An announcement of an upcoming wedding, which includes the names and surnames of the bride and groom, their place of residence, and the location of the wedding ceremony, must be posted on the municipality's notice board for at least 10 days, including 2 Sundays, so that anyone can familiarize themselves with it. If no reasoned objections to the announced marriage (for example, the direct kinship of the future spouses) are received during this time, a date for the wedding ceremony is set.
In Italy, there are two types of marriage: religious and civil, both of which are equal, and a religious marriage is recognized by the state. After a marriage is concluded in the municipality, the spouses (who are not considered spouses by the church) can choose to have a ceremony in the church, even if this desire arises 10 years later. After a marriage is concluded in the church, a civil ceremony in the municipality is no longer held.
In Italy, there is no such thing as a fiancée visa, meaning you can travel on a tourist visa, get married, and then apply for family reunification.
Civil wedding ceremony
The wedding ceremony takes place in the presence of witnesses from the bride and groom's sides. A municipal official conducting the wedding ceremony asks the parties to verbally express their consent to marry. This is followed by a ring exchange ceremony, and the newlyweds (as well as their witnesses) sign the appropriate register. The civil wedding ceremony takes place in the office of the civil registry (Ufficio dello Stato civile) of the city municipality.
If a foreign citizen getting married does not speak Italian, an interpreter must be invited to the wedding ceremony, who will also sign the marriage registration certificate.
The option to register a marriage in an Italian municipality is available to foreigners only if at least one of the future spouses is a resident of Italy.
In special cases, foreigners who do not have a residence permit in Italy are offered a solemn wedding ceremony (with all the necessary legal formalities) on a paid basis. The venues are usually historically significant architectural monuments: castles, palaces, cathedrals.
Documents required to register a marriage in Italy:
- A valid passport
- A valid visa (any Schengen or national Italian) or a residence permit valid in the EU countries
- Certificate of absence of obstacles to marriage - Nulla Osta al matrimonio
This is the main list of documents, however, in some cases, the mayor has the right to request both the foreigner's birth certificate and the divorce certificate, if applicable. In this case, the documents must have an Apostille stamp and be translated into Italian with appropriate legalization.
The certificate of no impediment to marriage is valid for 180 days.
When submitting an application for marriage registration, it is necessary to specify in advance which property ownership regime in marriage the future spouses choose — joint or separate. In Italy, there is no practice of concluding prenuptial agreements, so it is necessary to take this issue very seriously.
It is also not customary in Italy to change the maiden name to the husband's surname when getting married; after registering the marriage, each spouse continues to bear their own surname, and future children are registered under the father's surname.
In order to get married in Italy, the future spouses must meet the conditions provided for by the Italian Civil Code.
In addition to the well-known ones:
- voluntariness of marriage;
- reaching the age of majority (or 16 years by court decision);
- absence of mental illness;
- those entering into marriage must not be in another registered marriage;
- there must be no blood relationship between the bride and groom on the direct and collateral lines and civil relationship (adoption);
- no charges of killing the other spouse's spouse,
- there is one more condition that applies only to women, both Italians and foreigners.
Article 89 of the Italian Civil Code prohibits a woman from remarrying until 300 days have passed since the termination of the consequences of the previous marriage (for example, the death of the spouse), annulment of the marriage or divorce.
With the consent of the prosecutor, the court may allow a woman to remarry before the expiration of 300 days if she proves in court that she did not live with her husband for the last 300 days before the annulment, termination of the consequences of the previous marriage or divorce, or provides the court with evidence excluding the actual possibility of paternity of the former husband (for example, a medical certificate of absence of pregnancy).
Documents to the registry office can be submitted: personally by the bride and groom, by one of the parties with a power of attorney from the absent party, by a third party on the basis of a power of attorney from both parties. The presence of witnesses is not required. Usually, the date of the wedding is chosen on the day of submitting the documents.
Religious marriage ceremony
Unlike in some countries, in Italy, a Catholic church wedding conducted by a priest has the legal force of a civil marriage. Therefore, during the ceremony, the priest, in addition to traditional speeches and prayers, also reads out those articles of the Italian Civil Code that relate to family law.
Religious differences are not an obstacle to entering into a religious marriage if the spouses commit to raising their children in the Catholic faith.
Documents for the religious ceremony of marriage.
To the above-mentioned documents, described in the paragraph of the civil marriage ceremony, are added, first of all, certificates of baptism and confirmation (chrismation) issued by the parish church where the ceremonies were performed. The latter can be omitted if a confirmation mark is made on the baptismal certificate. The ceremony cannot be performed without these documents, so those who do not have them must arrange them in advance.
You also need a certificate stating that the person is not married in the church. It is necessary for those who, since the age of 16, have been absent from the territory of the diocese in which the religious ceremony of marriage will be performed for at least 12 months. This certificate is a written statement made in the presence of two witnesses in the church parish and certified by the relevant official of the episcopal Curia. In addition, the betrothed must present a certificate of attendance at premarital courses (considered by most curias to be mandatory for obtaining a marriage license), providing moral and spiritual training and basic knowledge necessary in married life.
Premarital courses.
The program of premarital courses varies depending on the diocese. Courses are a kind of "moral" need for future spouses. The courses are held in the premises of the parishes and classes begin at least 3 months before the set date of the wedding. The courses explore the ethical, religious, psychological, and educational aspects of a married couple's life. Upon their completion, the priest, issuing a marriage license, gives his assessment of the individual spiritual training of the future spouses and their readiness to live together.
When all the necessary documents have been collected, announcements about the future marriage are posted at the churches of the parishes of both betrothed persons. These ads are posted for 8 days, including 2 Sundays.
After that, the priest issues a certificate stating that the church announcements have been published. She, along with a certificate of civil publication of advertisements, gives the right to set the date of the wedding.
Special cases
The right to marry is one of the fundamental human rights and freedoms and therefore cannot be restricted by the legal or illegal status of a foreigner's stay in Italy.
The Constitutional Court of Italy confirmed the inconsistency of the constitutional norms of Article 116 of the Civil Code of the Italian Republic and, by its decision No. 245 of July 25, 2011, abolished the requirement that a foreigner, in order to undergo the marriage procedure, must have a document confirming their legal stay in Italy.
However, it is necessary to take into account an important circumstance — the expectation of marriage with an Italian citizen is not an excuse for a foreigner's illegal stay in the country, and municipal employees are obliged to report this fact to the police, which, in turn, has the right to detain an illegal foreigner and deport them from the country.
Six months after marrying an Italian citizen, if the spouses reside in Italy, and three years if the spouses do not reside in Italy, it is possible to apply for citizenship.
Useful information about Italy:
Calls and written inquiries are temporarily not accepted.