International marriage
International marriage represents a complex legal institution that involves persons of different nationalities or residing in different countries. For an international couple, the decision to marry entails important legal considerations that go beyond normal matrimonial procedures. The validity of international marriage depends in fact on multiple factors, including the legislation of the countries involved, international conventions and the rules of private international law.
In private international law, the discipline of marriage regulates both the form of celebration and the conditions necessary to contract it, and the personal and property relationships between the spouses and with the children, as well as any suspension of effectiveness in case of separation or definitive dissolution due to death or divorce. More particularly, legge 218/1995 on the reform of the Italian system of private international law regulates the institution in articles 26-28, relating to the promise of marriage, the conditions for contracting it and the form. Jurisdictional aspects are regulated by article 32.
Boschetti Studio Legale provides specialised assistance in the management of all legal issues relating to international marriages, from the preparatory phase up to the registration and recognition of legal effects. Our team of experts in international family law supports clients in obtaining the international marriage certificate, in the verification of the necessary documentation and in the management of the property regime for international couples.
Our advice covers various situations: from marriage celebrated abroad to registration in Italy, from consular marriage to unions between Italians residing abroad or registered with AIRE. Particular attention is dedicated to property aspects, including the annotation of separation of property in foreign marriage and the choice of the applicable regime. Private international family law regulates these marriages through legge 218/1995, which establishes the criteria for determining which national law applies in cases of marriages with elements of internationality. These criteria concern both the formal and substantial validity of the marriage, as well as the personal and property relationships between the spouses. The complexity of these rules requires specialised legal advice to correctly navigate among the various jurisdictions and ensure full validity and effectiveness of the marriage in all the countries concerned.
How international marriage is regulated by the European Union
Being international marriage, it is essential to note that within the framework of family relations with cross-border elements within the European Union, several regulations have been adopted to establish jurisdictional competence and the applicable law in various matters.
The following division can be made:
- For Matrimonial relations:
Status of the spouses:
Competence and circulation of decisions (recognition and enforcement) relating to marital status (separation, divorce and annulment of marriage):
Council Regulation (EC) n. 2201/2003, of 27 November 2003.
Council Regulation (EU) 2019/1111, applicable from 1 August 2022.
Law applicable to personal separation and divorce: Council Regulation (EU) n. 1259/2010, of 20 December 2010. (Eur-Lex)
- Property relations between spouses:
Competence and circulation of decisions (recognition and enforcement) in matters of maintenance obligations (maintenance allowance in separation, divorce allowance, equalisation allowance in case of invalidity of marriage): Council Regulation (EC) n. 4/2009, of 18 December 2008.
Law applicable in matters of maintenance obligations: Hague Protocol of 23 November 2007, by virtue of the reference by art. 15, Reg. 2009/4/EU.
Competence, applicable law and circulation of decisions (recognition and enforcement) in matters of property regimes chosen by the spouses (legal community, separation of property, etc.): Council Regulation (EU) 2016/1103, of 24 June 2016.
- For Non-matrimonial relations: Competence, applicable law and circulation of decisions in matters of property effects of registered unions: Council Regulation (EU) 2016/1104.
- For Parental responsibility: Competence and circulation of decisions (recognition and enforcement) in matters of parental responsibility, excluding maintenance obligations, and international child abduction: Council Regulation (EC) n. 2201/2003, of 27 November 2003. Council Regulation (EU) 2019/1111, of 25 June 2019, applicable from 1 August 2022. (Eur-Lex)
Marriage abroad
Marriage abroad entails several legal considerations that must be carefully assessed. For Italian citizens who decide to marry in another country, it is fundamental to understand how Italian law interacts with that of the country of celebration.
Italian regulations, through article 28 of legge 218/1995, establish that the formal validity of marriage is regulated alternatively by the law of the place of celebration, by the national law of at least one of the future spouses or by the law of the State of common residence. This means that for a marriage celebrated abroad by Italians residing abroad or registered with AIRE, validity can be recognised if it complies with even just one of these laws.
As regards matrimonial capacity and other conditions, article 27 of the same law provides for the application of the national law of each future spouse. When we speak of an international couple, this implies that each person must meet the requirements provided for by their own national law. For example, an Italian who marries a foreigner will have to respect the requirements of Italian law, while the foreign partner will have to respect those of their own national law.
Consular marriage represents a particular option for Italians abroad. It can be celebrated at Italian diplomatic representations, following Italian law. However, not all countries allow the celebration of consular marriages in their territory, making preliminary verification necessary.
To ensure the validity of the marriage, it is essential to obtain all the necessary documentation, including the multilingual marriage certificate if available in the country of celebration. A lawyer for international marriage can assist in the verification of requirements and in the preparation of documentation, ensuring that the marriage is valid both in the country of celebration and in Italy.
Registering a marriage contracted abroad
The registration of foreign marriage in Italy represents a fundamental passage to ensure the recognition of the legal effects of marriage in our country. The registration process follows precise rules established by private international law.
To proceed with the registration, it is necessary to present to the Italian Civil Status Officer the international marriage certificate duly legalised or apostilled, accompanied by an official translation if it is not already in multilingual format. The documentation must be complete and compliant with international regulations to avoid delays or refusals in the registration.
An important aspect to consider is that a foreign marriage not registered in Italy nonetheless maintains its validity between the parties, but it could create practical difficulties in relations with Italian authorities. Registration is in fact not a requirement for the validity of international marriage, but serves to give publicity to the act and facilitate relations with the Italian public administration.
The rules of private international law, in particular article 64 of legge 218/1995, establish the requirements for the recognition of marriages celebrated abroad. These include:
- The competence of the authority that celebrated the marriage according to the law of the place
- Respect for the essential rights of defence in the proceeding
- The absence of conflicts with Italian public policy
- The non-existence of a marriage already registered in Italy
For marriages celebrated by residents abroad, the registration can be requested through the Italian consular authority in the country of residence. The latter takes care of transmitting the documentation to the competent Italian Municipality, simplifying the procedure for those who reside stably abroad.
It is important to note that some particular types of marriage might require additional verifications before registration. For example, marriages celebrated according to religious rites not recognised in Italy require a specific assessment of their civil validity according to the law of the place of celebration.
A lawyer specialised in international family law can assist in the preparation of the necessary documentation and in the management of any problems that might arise during the registration process, ensuring a smooth and correct procedure.
International marriage and property regime
The property regime in international marriage represents one of the most complex aspects to manage in transnational unions. The discipline is regulated by EU Regulation n. 1103/2016, which establishes uniform rules for determining which law applies to property relations between spouses in cross-border situations.
The management of the property regime for international couples requires particular attention to the choice of the applicable law. The spouses can choose between:
- The law of the State of common habitual residence.
- The law of the State of citizenship of one of the spouses.
- The law of the State where the first residence after marriage is established.
EU Regulation n. 1103/2016 introduces important innovations in this area, including the possibility for the spouses to jointly choose the law that will regulate their property regime, even belonging to a country not a member of the EU, provided that it is that of habitual residence or of citizenship of one of them at the time of the agreement. The agreement must be formalised in writing, signed and dated, and can be modified subsequently without retroactive effects. If the spouses do not make an explicit choice, the applicable law will be determined on the basis of their first common habitual residence, common citizenship or, in the absence of these, the closest connection with a determined legal system.
A crucial element is the separation of property in marriage abroad. When a couple decides to adopt this regime, it is fundamental that the choice be correctly formalised according to the applicable law. The property choice made abroad must be documented through a public deed or a matrimonial agreement registered in the country where it is made. The annotation of separation of property in foreign marriage in the Italian registers follows specific procedures. If the choice of the regime of separation has been made abroad, it is necessary that this be recognised and annotated in the margin of the marriage act registered in Italy. This step is essential to ensure the enforceability of the regime against third parties in Italian territory.
Furthermore, the regulation establishes that legal decisions relating to property regimes taken in a Member State can be recognised and enforced in the other adhering States without the need for complex procedures, save for particular exceptions such as the conflict with public policy. As regards rights in rem, if a Member State does not recognise a right provided for by the law applicable to the property regime, the regulation allows an adaptation to ensure an equivalent effect.
The complexity of these rules requires careful planning. Decisions taken in matters of property regime can have significant consequences on the management of assets during marriage and in the event of its dissolution. It is therefore fundamental that international couples avail themselves of specialised legal advice to fully understand the implications of their choices and to ensure that these are correctly formalised and recognised in all the countries concerned.
Particular cases of international marriage
Private international law addresses with particular attention some specific situations of international marriages that require an in-depth analysis. Among these, marriages contracted according to legal systems with principles different from the Italian ones take on particular relevance.
The validity of international marriage must be assessed considering both formal and substantial aspects. The Brussels II bis Regulation establishes uniform rules for the recognition of decisions in matrimonial matters within the European Union, while legge 218/1995 regulates aspects not covered by European Regulations.
For the marriage of Italians abroad, Italian law provides specific protections. For example, a marriage contracted abroad in violation of impediments provided for by Italian law (such as the existence of a previous matrimonial bond) would be considered null, even if valid according to local law.
For an international couple intending to marry in Italy, it is fundamental to consider that some forms of marriage, although valid in other legal systems, cannot be celebrated or recognised in our country. Italian case law has developed a flexible approach, assessing on a case-by-case basis the effects of the recognition of marital status acquired abroad.
A lawyer for international marriage can provide essential assistance to assess the validity of the marriage in the various legal systems involved, manage recognition procedures and protect the rights of the spouses in the event of transnational disputes.
Legal advice for international marriages
A lawyer for international marriage plays a fundamental role in assisting couples who find themselves facing transnational legal issues. The complexity of private international law requires specialised advice to navigate among the various regulations and procedures.
Our firm provides specific assistance for:
- Validation and recognition of a marriage celebrated abroad;
- Verification of the marriage’s compliance with the rules of international law;
- Registration of foreign marriage in Italy and management of related procedures;
- Advice on the management of the property regime for international couples;
- Assistance for marriages of residents abroad and marriages of those registered with AIRE.
For each international couple, we carefully analyse the regulatory framework applicable according to legge 218/1995 and the Brussels II bis Regulation. This assessment includes the verification of the formal and substantial validity of the marriage, as well as the applicability of the relevant international conventions.
Particular attention is dedicated to the management of complex situations, such as:
- Verification of the validity of marriages celebrated in countries with very different legal systems;
- Assistance in the choice and annotation of separation of property in foreign marriage;
- Support for obtaining the international marriage certificate;
- Resolution of issues linked to a foreign marriage not registered in Italy.
Our advice also covers practical aspects, such as the preparation of the necessary documentation, including the multilingual marriage certificate, and assistance in relations with consular authorities for consular marriage.
We support clients in understanding the legal implications of their choices, in particular as regards the property regime in international/foreign marriage. This includes the analysis of legal consequences in the various legal systems involved and assistance in choosing the most adequate solution for the specific needs of the couple.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law situations that our firm regularly handles, creating structured and realistic examples designed to help readers better understand and navigate their own legal matters. The case studies, on the other hand, are based on real cases handled by our firm, with all personal data and identifying details anonymised to protect client confidentiality.
Registering a cohabitation agreement and regularising the status of a foreign partner
A couple living in Rome, consisting of an Italian citizen and his foreign partner without valid residence documents, sought legal protection for their relationship. An urgent application under Article 700 of the Italian Code of Civil Procedure was filed to safeguard their cohabitation, followed by proceedings to obtain an EU family member residence card.
Adult adoption to legally recognise a de facto family relationship
A United States citizen living in Rome sought to formalise a long standing family relationship with his uncle by marriage through adult adoption. Proceedings were brought under Articles 291 et seq. of the Italian Civil Code to obtain legal recognition of their established family bond.
Cohabitation agreement for an Italian Brazilian couple: protecting assets and securing residence rights
An Italian entrepreneur and his Brazilian partner had been living together in Milan for three years. Their situation involved three interconnected legal vulnerabilities relating to immigration, asset protection and succession planning, all addressed through a coordinated legal strategy.
Adoption in Colombia: an Italian couple fulfils their dream after a three year journey
A couple married for eight years embarked on an international adoption in Colombia. The procedure involved two legal systems, three Italian institutions and the Colombian Central Authority, requiring careful coordination throughout every stage of the process.
Succession involving heirs in four different countries: coordinated management across Italy, the United States, the United Kingdom and Switzerland
An Italian entrepreneur left assets located in Italy, the United States and Switzerland, with four heirs residing in four different countries. The matter required the parallel coordination of four legal systems and four tax regimes.
Adult adoption of a partner’s child: legal recognition of a twenty year family bond
A fifty eight year old man seeks to adopt his wife’s thirty year old son, whom he has helped raise for twenty years. Although the relationship was genuine and long established, it had no formal legal recognition, with significant implications for the biological children’s inheritance rights.
Challenging a will for infringement of forced heirship rights: €800,000 recovered for the heirs
Two children inherited only €20,000 each under a will that left almost the entire estate to their late father’s second wife. An action to enforce their forced heirship rights was successfully resolved through mediation.
Succession planning for a family business: transferring a €3 million business to the next generation
A sixty two year old entrepreneur needed to transfer ownership of a company employing fifty people to the son who had been managing the business, while safeguarding the interests of his daughter, who had chosen a different career path. A family agreement and a holding structure ensured business continuity and long term stability.
International adoption by a single parent: when the law opens a path few people know exists
A forty five year old single woman embarked on an international adoption. Although legally possible, this route remains little known and requires a carefully planned legal strategy from the very first stage, beginning with the application for the certificate of suitability.
Digital inheritance: recovering cryptocurrencies and digital assets after death
A professional passed away leaving more than €600,000 in cryptocurrencies held across multiple wallets and exchanges, without providing any access instructions. A substantial digital estate was at risk of being lost forever.
Legal name change for a transgender person: aligning official documents with gender identity
A thirty two year old professional, who had been undergoing hormone therapy for eight years, still had official documents bearing the male name assigned at birth. This discrepancy repeatedly forced unwanted disclosure of her gender identity in professional, banking and administrative settings.
Legal gender recognition and the update of more than 20 official documents: from court judgment to a new legal identity
A forty five year old executive had already obtained a court order granting legal gender recognition but was then faced with the real challenge: coordinating the update of an identity card, driving licence, university degree, employment records, mortgage documentation and insurance policies across multiple authorities, each with different procedures.
How we can help you
Boschetti Studio Legale relies on a team of lawyers specialised in international family law capable of offering specialised advice to manage all legal aspects of international marriages.
Our team can assist clients at every stage of the process, from the preparation of the necessary documentation up to the management of any disputes.
For marriages of residents abroad, we provide support in the verification of requirements and in obtaining the multilingual marriage certificate. We assist in the choice of the most adequate property regime in international marriage and in its correct formalisation.
We offer specific advice for:
- Registration of foreign marriage in Italy;
- Management of procedures at consulates and embassies;
- Verification of the validity of marriages celebrated abroad;
- Annotation of separation of property in foreign marriage;
- Resolution of international disputes in matrimonial matters.
Our firm guarantees complete and personalised assistance, taking into account the specificities of each situation and the various national regulations involved. The experience gained in international family law allows our team of lawyers to effectively manage even the most complex situations, providing concrete solutions adequate to the needs of our clients.
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This form is reserved for those who need legal assistance on a concrete situation. We do not provide free advice nor answers to generic queries by email. If you have a case that requires professional assessment, fill in the form: we will contact you back for a first exploratory meeting.
Via dei Gracchi, 151
00192 Rome – Italy
info@familylawboschetti.com
Phone: + 39 – 06 889 21971
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Opening hours: 9.00–13.00 / 16.00–20.00
Where to marry abroad with validity in Italy?
It is possible to marry in any foreign country with validity in Italy, provided the marriage is celebrated according to the forms provided for by local law or at Italian diplomatic/consular authorities. The celebration can take place in civil or religious form, but must be recognised as valid in the country of celebration. It is important to verify in advance that no impediments exist for foreigners in the chosen country and that the fundamental requirements provided for by Italian law are respected, such as adulthood and free status.
How to register a marriage celebrated abroad?
To register a marriage celebrated abroad it is necessary to transmit to the Civil Status Office of one's Italian Municipality the marriage certificate, duly legalised or with apostille if necessary, together with the official translation into Italian. If residing abroad, the documentation can be sent through the Italian Consulate. Registration must be requested within six months from the celebration to avoid possible administrative sanctions.
What is needed to marry at the Consulate?
To marry at the Italian Consulate, both spouses must submit an application, request the publications (displayed for at least 8 days) and wait 3 days from the end of the publication. Foreign citizens must provide a "clearance" or a "certificate of matrimonial capacity" translated and legalised. The marriage must take place within 180 days from the publication and may be refused due to local laws or residence outside the consular district.
How to certify the separation of property?
The separation of property must be declared at the time of marriage or subsequently with public notarial deed. For marriages celebrated abroad, the choice of the property regime must be indicated in the marriage act according to local law and then registered in Italy. If the choice is made after the marriage, a notarial deed is needed which must be annotated in the margin of the marriage act in the Italian civil status registers.
