Legal Requirements

US citizens planning to marry in Italy must present certain documents and comply with specific requirements of Italian law in order to obtain a marriage license.
The process is time consuming, as it involves visits to several different public offices, which may be crowded and open to the public for only a few hours a day.
The documents required and the procedures to follow are described below.

PLEASE NOTE: The following list of documents is given as an indication only.
The applicable law on marriages is one and the same all over Italy, but City Halls may interpret it in slightly different ways. Please contact the marriage office in the City Hall where you intend to get married to get a definitive list of documents to be submitted to that office.

1. Valid US passport (members of US Armed Forces can present their ID card, along with a permission to marry issued by their Commanding officer).

2. Birth certificate (original or certified copy).

3. Evidence of the termination of any previous marriage, if applicable (e.g.: final divorce decree, annulment decree or death certificate of former spouse).

4. Affidavit, sworn to by the US citizen before a US Consul commissioned in Italy, stating that there is no legal impediment to the marriage, according to the laws of the State of which the citizen is a resident. This document is often referred to as “Nulla Osta” by Italian authorities. Note that a pending divorce, for example, would be an obstacle. Your legal status must be such that you can legally marry under Italian and US law. A consular officer will notarize sworn statements on Tuesdays and Thursdays, from 9 AM to 11 AM. No appointments are made; the service is available on first come, first served basis. A $30 fee is charged for administering the oath (major credit cards are accepted).

NOTE: Once issued, this affidavit must be stamped by the Legalization Office of any Prefettura in our Consular District (there is one in every province capital). In Milan, the Prefettura is on Corso Monforte 31, telephone: 0277584332. In Venice, the Prefettura is at San Maurizio 2661, tel. 0412703411. In Como, the Prefettura is on Via Volta 50, tel. 0313171. Public hours are generally from 9AM to 11AM, Monday through Friday. A €11 revenue stamp (“marca da bollo”) is required – buy it from any tabaccaio (tobacconist’s).

5. Atto Notorio: This is a declaration, in addition to the sworn statement described under point 4, stating that according to the laws to which the citizen is subject in the United States there is no obstacle to his/her marriage. This declaration is to be sworn to by two witnesses (a witness may be of any nationality, but must be over 18, with current photo ID), before an Italian Consul outside Italy or, in Italy, before a Court official in the city where the marriage is to take place. US citizens coming to Italy to be married are best advised to obtain this declaration at a Consulate of Italy before leaving the United States, as some Courts may have long waiting lists for this service. Those who decide to request the Atto Notorio in Italy should contact the Court having jurisdiction over the city where they intend to marry in a timely fashion, and make an appointment ahead of time. In Milan, the Court office to be contacted is at the Palazzo di Giustizia (Courthouse) on Via Freguglia 1, tel.: 0254333175. Hours: 9 AM to 1 PM, Monday through Friday.

THESE TWO ABOVE STEPS ONLY TAKE A FEW MINUTES AND CAN BE ARRANGED FOR THE SAME MORNING OR AFTERNOON IN ONE OF THE 5 CONSULATES THROUGHOUT ITALY. OUR STAFF ACCOMPANIES YOU THROUGHOUT.

6. A woman whose previous marriage was terminated within the last 300 days must obtain a waiver from the Procura della Repubblica presso il Tribunale (District Attorney's office) at the Palazzo di Giustizia (Courthouse), in the city where the new marriage will be performed. Such waiver is issued upon presentation of medical evidence that the applicant is not pregnant.

7. Declaration of Intention: Bride and groom should present all the above documents to the Ufficio Matrimoni (Marriage Office) of the Municipio (City Hall) in the city where the marriage will be performed,and make a "Declaration of Intention to Marry" before an Ufficiale di Stato Civile (Civil Registrar).
Banns are posted only after the Declaration of Intention to Marry has been filed. Finally, the day of the wedding can be established.

NOTE:
· All documents originating out of Italy (birth certificate, divorce decree, etc.) MUST be translated into Italian. Both the original documents and the translations MUST be legalized for use in Italy, with the so-called “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.
· Under Italian law, all public documents -- regardless of their origin -- are considered valid for only six months from the date of issue. Americans are therefore advised to make sure that all documents to be submitted to Italian authorities have not been issued more than six months ahead of the marriage.

BANNS AND MARRIAGE CEREMONY
Civil Banns must be posted at the Town Hall for two consecutive weeks including two Sundays before the marriage can take place. However, banns are automatically waived if neither party to the marriage is an Italian citizen or a resident of Italy. A civil ceremony is performed by the Mayor or one of his deputies. At this time you will need two witnesses. If necessary, one of the two can also serve as interpreter.
If a religious ceremony is to be performed by a Catholic priest, a separate civil ceremony will not be needed, as the priest will register the marriage with the civil authorities. The Roman Catholic Church requires documentation besides the documents listed above (such as baptismal and confirmation certificates and letters of freedom). For complete information you should check with your priest. Because of the special Italian requirements applicable to marriages performed by non-Roman Catholic ministers, the latter usually insist on a prior civil ceremony before performing a religious ceremony to ensure the legality of the marriage. Persons planning a religious ceremony should consult the priest, minister or rabbi as far before the ceremony as possible.

PASSPORT AMENDMENT
After the marriage is performed, the passport of a US citizen wife may be amended to read in her married name. To that effect, she should visit a US Embassy or Consulate with the Civil Certificate of Marriage issued by the Town Hall, along with her passport. There is no charge for this service.

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