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Marriage Requirements in Italy

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Marriage Requirements in Italy Empty Marriage Requirements in Italy

Post by Nicky80 Thu 07 Aug 2014, 19:42

Found this on frenchies....can be interesting

Wedding

First of all, congratulations! Here's some important information that we suggest you read carefully to prevent any problems with the paperwork you’ll need for your wedding.

A) Getting married in an Italian Consulate (as per art.12, legislative decree 71/2011)
Application to get married in a consulate
If you want to get married in an Italian Consulate the first thing to do is submit your istanza di celebrazione del matrimonio consolare (application to get married in a consulate). Both of you will need to sign the application and either take it in person to the consulate or else send it by post, fax or email. You must also attach a photocopy of your identity documents (for additional information click here for the list of consulates abroad).
In certain cases your application might be rejected (as per legislative decree 71/2011), for example, if the local laws do not allow marriages to be performed in a consulate or if you do not reside in the consular district. If the consulate accepts your application (because it meets the legal requirements) you can then ask for your banns to be published, or “posted”.
Posting your banns
In Italy, before a marriage can take place, the banns must be posted by a civil registrar.
The banns are valid for six months. You can therefore get married from the 4th day until the 180th day after the banns were first posted.
If you are unable to go in person to ask for the banns to be posted, you can delegate a third party to do so. In this case, you must use a special “proxy” written on “plain paper” (i.e. not requiring a tax stamp). This must be accompanied by a photocopy of your identity documents, which must, of course, be valid.
If you are not European Union citizens and are not resident in Italy, you must have your signature authenticated.
Applying for getting married in a Consulate
The application for getting married in an Italian Consulate is preliminary to the request for posting banns. It must be signed by both parties and can either be taken in person to the consulate or else send it by post, fax or email. You must also attach a photocopy of your identity documents. In certain cases your application might be rejected (as per legislative decree 71/2011), for example, if the local laws do not allow marriages to be performed in a consulate or if you do not reside in the consular district. If the consulate accepts your application (because it meets the legal requirements) you can then ask for your banns to be published, or “posted”.
•  If you are both Italian citizens and are resident abroad, you must apply to have your banns posted at the diplomatic mission or consulate where your marriage will be celebrated. If you and your partner live in two different consular districts, the banns must be posted in both consulates.
•  If one of you (Italian or foreign citizen) is resident in Italy and the other (Italian citizen) is resident abroad, you must apply to have your banns posted at the diplomatic mission or consulate where your marriage will be celebrated. The diplomatic mission will in turn notify the local authorities in the Italian partner's town or city in Italy so that the banns can be posted there. The banns will therefore be posted in both of your places of residence.
•  If the Italian member of the couple is resident in Italy but the other partner, the foreign citizen, is resident abroad, you can apply for the banns to be posted:
- in the Italian partner’s municipality (town or city) of residence in Italy. In this case, the local council will issue the delegated authority (as per art. 109 of the civil code) for the marriage to be celebrated at the consulate abroad; or
- in the diplomatic mission or consulate abroad, which will notify the Italian partner’s local authorities in Italy as described in the previous point.
•  If you are both resident in Italy, you must apply to have your banns posted in the town or city where you have officially residency. If you each live in a different town or city, the banns will be posted in both. The local council in Italy will issue the delegated authority (as per art. 109 of the civil code) for the marriage to be celebrated at the diplomatic mission or consulate abroad.
B) Getting married in Italy
If you are both Italian citizens resident abroad and you want to get married in Italy, you must ask for your banns to be posted at the Italian diplomatic mission or consulate where you are registered. Here you will find a list of all of our consulates abroad. Once the banns have been posted, the consulate will delegate the local authorities (as per art. 109 of the civil code) in your chosen Italian town or city to perform the marriage.
Documents you need to submit to apply for your banns to be posted 
To apply for your banns to be posted, you must go in person to the consulate with a valid identity document (art. 51, para. 1, of DPR 396/2000 - richiesta di pubblicazione or posting request).
If you are unable to go in person, you can delegate a third party to do so. In this case, you must use a special “proxy” written on “plain paper” (i.e. not requiring a tax stamp). This must be accompanied by your identity documents, which must, of course, be valid.
If you are not Italian citizens
If you are not Italian citizens and you want to get married in Italy, you must (as per art. 116 of the Civil Code) submit a nulla osta al matrimonio (declaration stating that there is no impediment to the marriage). The nulla osta must be translated into Italian and notarised. Alternatively, you can submit a “certificate of legal capacity to marry” from the appropriate authorities in your own country. You can submit this when you apply for the banns to be posted, or send it later by ordinary post.
If you are citizens of a non-EU country and do not have residency in Italy, in addition to the nulla osta you will have to submit additional documents required by art. 51 demonstrating that you meet the legal requirements, since these are documents that were drawn up abroad (non-EU country) and are not registered in Italy or with an Italian consular authority.
The following countries have signed the Munich Convention of 5 September 1980 and issue certificates of legal capacity to marry: Austria, Italy, Germany, Luxembourg, Moldavia, Netherlands, Portugal, Spain, Switzerland and Turkey. The Convention cannot currently be applied to Belgium and Greece as these, although signatories, have not ratified it. The certificates issued under this Convention are exempt from the notarisation requirement or similar formalities in the territory of each of the countries that have signed the Convention. For other countries you will need a nulla osta (no impediment) declaration.
In certain cases, when an impediment was found to exist (as per art 52 DPR 396/2000) when you and your partner first applied to have your banns posted, you may submit a copy of the authorisation to marry subsequently issued by the court. Alternatively, you can send this later by ordinary post.

C) Getting married abroad – Italian citizens
Italian citizens wishing to get married abroad do not need to have their banns posted, unless this is required by the law of the country concerned.
In some cases, foreign authorities may ask for a certificate of legal capacity to marry or a declaration of no impediment (nulla osta).
The following countries, which have signed the Munich Convention of 5 September 1980, require a certificate of legal capacity to marry: Austria, Italy, Germany, Luxembourg, Moldavia, Netherlands, Portugal, Spain, Switzerland and Turkey. The Convention cannot currently be applied to Belgium and Greece as these, although signatories, have not ratified it. If you intend to be married by the authorities of one of the States that has ratified the Convention, you must request issuance of a certificate of legal capacity to marry from your town or city of residence in Italy or, if you reside abroad, by the locally authorised diplomatic mission. It does not need to be notarised. If you are resident abroad your consulate will issue the certificate. For other countries you will need a nulla osta (no impediment) declaration.
You should submit your application for either a certificate of legal capacity to marry or a nulla osta to the appropriate Italian diplomatic or consular mission in the foreign country where you live. To do so you should complete and submit a dichiarazione sostitutiva di certificazione (self-certification) containing all of the information needed for the certificate to be issued, along with a valid identity document.
Once the consulate has made the necessary checks and you have submitted the documents envisaged by law, as well as any documents the consulate considers are necessary to prove that no impediment exists, it will issue the document you have applied for (certificate of legal capacity to marry or nulla osta).
If you are resident in Italy, you should apply to your local council.
Transcribing the marriage certificate
Remember that, in order to be valid in Italy, any marriage performed abroad must be transcribed by your local council in Italy.
You must send the marriage certificate – the original, not a photocopy – issued by the foreign civil registry office to the consulate. The certificate must be translated and notarised (see the section on translation and legalisation of documents). The consulate will send the certificate to Italy, where it will be transcribed in your local council's civil registry office.
Alternatively, you can send the translated and notarised marriage certificate directly to your local council in Italy (see art. 12, para. 11, DPR 396/2000).
Marriage certificates issued by countries that have signed the Vienna Convention of 8 September 1976, under which a certificate in several languages can be issued, are exempt from the translation and notarisation requirement. These countries are: Austria, Belgium, Bosnia-Herzegovina, Croatia, Estonia, France, Germany, Italy, Lithuania, Luxembourg, Macedonia, Moldova, Montenegro, Netherlands, Poland, Portugal, Serbia, Slovenia, Spain, Switzerland and Turkey. Please not that the Vienna Convention cannot currently be applied to Greece, which, although a signatory of the Convention, has not yet ratified it.

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Post by Nicky80 Thu 07 Aug 2014, 19:47

OK as per the article they have to do the same thing in Italy then in the UK. SO let;s hope someone will see the banns...hehe

In Italy, before a marriage can take place, the banns must be posted by a civil registrar.

The banns are valid for six months. You can therefore get married from the 4th day until the 180th day after the banns were first posted.
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Post by PigPen Fri 08 Aug 2014, 01:04

So, they have the banns in UK and are getting married in Italy?? Huh?   That does not make sense. 

1. The banns are in UK. Will the license have to be in UK?

2.  Why not just get banns and license in Italy.  Unless someone (either) didn't like the 6 month expiration.
3. Do you get a license first then get banns, or other way around.  HEY CLOONEY- TAKE THE BROAD TO LAS VEGAS AND GET IT OVER WITH    headbang  headbang  headbang

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Post by theminis Fri 08 Aug 2014, 01:11

Assuming they had to do the banns in UK as Amal is a UK citizen
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Post by PigPen Fri 08 Aug 2014, 01:19

Oh God, save me from this!!! It's too confusing.  Someone call his aunt in Kentucky and ask her to explain what's going on.

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Post by theminis Fri 08 Aug 2014, 01:20

HA HA - okay Pigpen I will get back to you
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Post by party animal - not! Fri 08 Aug 2014, 01:26

Pigpen, I think he did just that with Wife No 1! He won'tbe repeating it.

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Post by theminis Fri 08 Aug 2014, 01:41

I tried to get married in Vegas, sadly my now husband was then very reluctant - his words were " My Mother will kill me if I come back married and she didn't get to attend" HA HA
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Post by Nicky80 Fri 08 Aug 2014, 08:16

LOL!  good husband...he knows how to respect his mother  Thumbs up!
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Post by Katiedot Fri 08 Aug 2014, 12:06

PigPen wrote: So, they have the banns in UK and are getting married in Italy?? Huh?   That does not make sense. 
It makes perfect sense as Amal is British and in order to be 'allowed' to marry, she has to post the banns in her country.

PigPen wrote:1. The banns are in UK. Will the license have to be in UK?
Nope, not if they're getting married in Italy. One country can't give a licence to get married in another country. If, however, they decide to surprise us with a British wedding, then the licence will have to be British.

PigPen wrote:2.  Why not just get banns and license in Italy.  Unless someone (either) didn't like the 6 month expiration.
I assume that's exactly what they'll have to do, in addition to posting the banns in the UK. I'm not sure what the rule is in the USA - does George have to post banns in Los Angeles too?

PigPen wrote:3. Do you get a license first then get banns, or other way around.
  Not sure, and I don't think it really makes a difference anyway: you don't post the banns unless you're planning on getting married. The banns is just a public notice to alert everyone to your intention to get married. It's a holdover from the olden days (pre-computer databases) to help prevent bigamy by not allowing secret weddings: in other words, because you have to post the banns everyone in your area would know you're planning to marry and if you're already married they can alert the authorities before the wedding goes ahead. Nowadays it's not that important but still has to be done.

PigPen wrote:  headbang  headbang  headbang
LOL!
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Post by Philippago Fri 08 Aug 2014, 16:36

sposarsi in Italia? ma perchè ormai non ha nessun legame con noi italiani!! 

getting married in Italy? but why on earth should do it, no longer has any ties with Italians !!
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Post by Joanna Fri 08 Aug 2014, 16:54

I think George loves his life in Italy as he's mentioned
it many times.
It's his second home and a total retreat from
the Hollywood world of gossip and rumours and lies.
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Post by Katiedot Fri 08 Aug 2014, 17:33

He's had his second home in Italy for over a decade and spends a lot of time each year there, so yes, he still has the same connection in Italy that he's always had.
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Post by it's me Fri 08 Aug 2014, 20:10

I read somewhere Los Angeles seems imploding as a city  scratch Shocked 
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