International civil unions in Italy
The civil union represents an important legal recognition for same-sex couples, in whose favour legge n. 76 del 2016 created a parallel channel to marriage, which to date is reserved, in Italy, only to heterosexual couples. This law represented a turning point for gay couples, attributing fundamental rights to the partners such as patrimonial recognition, the right to mutual healthcare assistance and inheritance, filling a regulatory gap that existed until a few years ago.
Specified that heterosexual civil unions do not exist in Italy, since the civil union, in our legal system, is an institution reserved for same-sex couples, it should also be remembered that this institution differs from simple same-sex de facto couples, for which no equation is provided between the figure of the partner and that of the spouse.
In the international context, EU regulation n. 1103/2016 and EU regulation n. 1104/2016 establish uniform rules for the recognition of civil unions between Member States of the European Union. These rules provide for the possibility for international couples — within which both civil unions contracted abroad and civil union in Italy with a foreigner can be included — to choose the patrimonial regime applicable to their union, ensuring legal certainty and administrative simplification.
In addition, EU regulation n. 2019/1111, known as “Bruxelles II-ter”, introduces harmonised criteria for jurisdiction and recognition of decisions relating to family matters, including those concerning civil unions, contributing to greater protection of the rights of couples in cross-border contexts. Despite this, European harmonisation does not cover all aspects, leaving margins of discretion to the Member States.
Boschetti Studio Legale presents itself as a point of reference for those, whether foreigners in Italy or Italians abroad, who wish to clarify their legal situation or formalise a civil union to benefit from the relevant legal recognition. Thanks to in-depth knowledge of national and international regulations, the firm offers personalised assistance to ensure effective solutions, fully protecting the rights of civil unions.
Regulatory framework for civil unions between Italian and foreign citizens
Civil unions represent an increasingly relevant legal institution for couples who wish to formalise their bond, even when it involves citizens of different nationalities. In Italy, Legge n. 76 del 2016 constitutes the main point of reference for the regulation of civil unions, ensuring rights and duties similar to those of marriage for same-sex couples. However, when one of the parties is a foreign citizen, national rules must be read in combination with international and European Union ones. Furthermore, when it concerns a civil union with a non-EU citizen, the study of bilateral treaties between Italy and the country of origin of the foreign partner of the civil union may become necessary.
Italian legislation has been enriched with article 32 ter in Legge 218/1995, introduced by d.l. n. 7/2017. This article, in relation to the establishment of international civil unions, establishes that the capacity and conditions to establish a civil union are governed by the national law of each partner at the moment of the formalisation of the union. When the national law of one of the two does not admit civil unions between persons of the same sex, Italian law intervenes to ensure recognition and protection of the relationship. A central element in this context is the determination of sexual gender, governed by the national legislation of the person, save for specific rectifications or recognitions made in Italy or abroad.
The formal validity of the civil union also follows precise rules. Connecting alternatives are provided that consider the place of celebration, citizenship or habitual residence of the parties at the time of establishment. This flexibility is essential to facilitate recognition of the civil union in transnational contexts, while respecting the minimum formality requirements required by the Italian legal system. Although Italy does not apply renvoi on form matters, it ensures that every celebration respects public policy rules, avoiding recognition of acts lacking a minimum of officiality.
At European level, EU regulation n. 2016/1104 represents a tool of harmonisation, introducing common rules on the patrimonial regimes of civil unions. International couples can choose the law applicable to their patrimonial regime, opting between that of the country of habitual residence or of the nationality of one of the partners. This possibility, known as “autonomy of the parties”, offers greater legal certainty, especially in case of conflicts or dissolution of the union.
From a jurisdictional point of view, EU regulation n. 2019/1111 (“Bruxelles II-ter”) ensures uniform access to justice, establishing that disputes relating to international civil unions are handled by the court of the State in which the couple has their habitual residence. Even in the absence of explicit agreements, the objective criteria of the regulation ensure a clear and predictable regulatory framework, although it should be remembered that not all EU Member States apply the Regulations uniformly, since some countries have reservations on the institution of civil unions.
In particular, for couples composed of Italian and foreign citizens, especially non-EU, difficulties may arise where the country of origin of one of the partners does not recognise civil unions. In this scenario, the foreign partner may encounter bureaucratic or legal obstacles, such as the failure to issue the nulla osta by the authority of their country of origin, a document required by article 116 del Codice Civile italiano for the celebration of marriages or civil unions in Italy. This happens because the foreign authority does not recognise civil unions and is therefore not authorised to certify the absence of legal impediments.
To overcome such difficulties, it is essential to plan carefully and to resort to specialised legal support able to provide assistance for the establishment of a civil union. In these cases, a lawyer for international civil unions might advise leveraging the rules of necessary application provided by the Italian legal system, which in any event ensure the right to establish a civil union on Italian territory, even in the absence of the nulla osta. In addition, it might be necessary to prepare a strategy for the management of any patrimonial or family implications, especially if the partners intend to move to a country where civil unions are not recognised.
Boschetti Studio Legale offers a specialised advisory service to assist international civil unions. Thanks to our experience as a law firm for international family and succession law, we can guide you in drafting personalised agreements, in compliance with the regulations in force, protecting your and your partner’s rights and interests in every legal context, including those of an inheritance nature.
Requirements for civil union with a foreigner
The civil union represents an important step to consolidate the bond between two persons of the same sex, offering them rights and duties recognised by Italian law. When one of the partners is a foreigner, and in particular when speaking of civil union with a non-EU citizen, the procedure requires particular attention to national and international legislation.
To establish a civil union in Italy, it is essential to satisfy some fundamental requirements. Both partners must be of legal age and capable of understanding and acting. In addition, no previous unresolved marital bonds or civil unions must exist. For foreign citizens, a certificate of marital capacity or an equivalent document is required, attesting the absence of impediments according to the legislation of the country of origin.
European regulations, such as EU regulation n. 2019/1111, regulate some aspects of judicial cooperation in family matters and facilitate the mutual recognition of decisions between Member States. However, specific procedures may vary depending on the nationality of the foreign partner and their residence, requiring a detailed analysis of the situation.
It is important to know that the documents for civil union with foreigners must be translated and legalised, or apostilled, if the country in which they were issued is a signatory of the Convenzione dell’Aja del 1961.
In some cases, it may be necessary to verify the compatibility between Italian rules and those of the country of origin of the partner. This aspect can prove complex, especially when it concerns rights that do not find full correspondence between legal systems.
Addressing these issues without expert support can prove complicated and risk slowing down the process. Boschetti Studio Legale offers personalised assistance to clarify doubts, prepare documentation and represent you in every phase, ensuring that your civil union project is realised without obstacles.
Documentation required from the foreign citizen
In Italy, civil unions offer significant legal protection, but the process requires attention to documentation, especially for foreign citizens. Understanding which documents are necessary and how to obtain them can be complex. This is where Boschetti Studio Legale can provide indispensable support to navigate the legislation with due clarity.
For a foreign citizen who wishes to establish a civil union in Italy, some specific documents are essential:
- Birth certificate: must be complete with sworn translation and legalisation or apostille, depending on the country of origin. This document is essential to verify the identity and marital status of the applicant.
- Nulla osta or substitute declaration: pursuant to article 116 del Codice Civile italiano, the foreign citizen must provide a nulla osta issued by the competent authority of their country, attesting the absence of impediments to the establishment of the civil union. Alternatively, a declaration in compliance with international regulations may be required.
- Valid identity document: Passport or identity card, confirming the legality of the stay in Italy.
It can be important to know that in cases of civil union with a foreigner in Italy it is not necessary that the latter possess a residence permit. A brief excursus on the topic is useful: in the past, the so-called “security package” of 2009 had introduced the obligation of regular stay to enter into marriage, with the intent of combating marriages of convenience aimed at circumventing rules on immigration or on the acquisition of Italian citizenship. However, this measure was declared unconstitutional by the Corte Costituzionale with judgment n. 245 of 2011. The Court established that the right to marriage is a fundamental right that belongs to every person as a human being, regardless of legal condition as a citizen or foreigner. Regular stay therefore cannot limit the exercise of such right. It follows that today the civil union too, equated to marriage, does not require regular stay of the foreign partner according to immigration rules. Indeed, the civil union is precisely the first step that allows the foreigner to regularise their position and then, after the years provided by law, to be able to request Italian citizenship.
Boschetti Studio Legale, in addition to preventing and resolving every bureaucratic difficulty, prevents discriminations and/or violations of rules arising from the lack of legal knowledge of operators. We also offer assistance to clarify any doubt on documentation and the related formalities. Thanks to our experience in national and international family law, we can help you to simplify the process, saving you stress and possible mistakes.
Transcription of foreign civil union in Italy
The transcription of a foreign civil union in Italy is a fundamental step to ensure its recognition in Italy, a step that may seem complex but that, with the support of an experienced professional, becomes simple and accessible.
Based on Italian legislation and European provisions, civil unions contracted abroad can be transcribed in the registers of Italian civil status, on condition that they respect the requirements provided by the Italian legal system. Article 32-bis della legge 218/1995 and EU regulations such as n. 2019/1111 ensure that Italian and foreign citizens can enforce their rights in the family scope also at international level.
To start the transcription process, it is necessary to submit a certified copy of the act attesting the civil union, issued by the competent authority of the country in which it was celebrated. This document must be translated and, depending on the country of issuance, legalised or apostilled. It is also essential to verify that the act is not in conflict with Italian public policy, as established by article 18 del regolamento Bruxelles II bis (n. 2201/2003) and, at the national level, by art. 64 della legge n. 218/1995. For example, civil unions between minors or in cases of bigamy could not be transcribed in Italy.
Transcription confers legal validity in Italy, ensuring mutual rights and duties between the partners, including the patrimonial regime and succession protection. However, every case may present particularities that require in-depth analysis and a personalised approach. The transcription of the civil union in Italy is also fundamental to be able to request Italian citizenship by marriage pursuant to legge 5 febbraio 1992 n. 91.
Relying on Boschetti Studio Legale means counting on a team of professionals with experience in family law and international law. We will guide you step by step, answering every question and offering concrete solutions to protect your rights and those of your partner.
Italian citizenship and civil unions
The civil union allows many foreigners to have their position in Italy regularised, being able to request, when it concerns a civil union between an Italian and a foreign citizen, the residence card for family member of EU citizen, pursuant to d.lgs. n. 30/2007, with a duration of 5 years, then renewable for an indefinite period.
This is only the first step, because the consolidation of life in Italy of the civil union materialises with the application for citizenship by civil union. Indeed, a foreign citizen who enters into a civil union with an Italian citizen has the possibility of requesting Italian citizenship pursuant to artt. 5 e seguenti della Legge n. 91/1992, which governs the acquisition of citizenship by marriage or civil union.
Naturally, it is necessary to satisfy specific requirements, such as legal residence in Italy for at least two years from the establishment of the civil union or, alternatively, three years in case of residence abroad.
Availing oneself of legal assistance for the submission of the application for Italian citizenship for the partner of a civil union is very important because the citizenship application process requires care and precision. Among the main documents are the certificate of establishment of the civil union, the attestation of regular stay and the linguistic certification (level B1). In addition, it is essential that the union be in force and not dissolved at the time of the application.
The main documents required for the application for citizenship by civil union are:
- Complete deed of civil union, translated and legalised if entered into abroad
- List of all the residences of the applicant, from birth until the moment of the submission of the application
- Valid residence permit
- Valid passport
- Certification attesting knowledge of the Italian language at a level not lower than B1, save for the case in which the applicant possesses the long-term residence permit or has signed the integration agreement
- Criminal record certificate of the country of origin and of the others in which they may have resided
- Birth certificate of the country of origin, translated into Italian and legalised by the consular authority (or with apostille if the country is part of the Convenzione dell’Aja) or drawn up with the multilingual form (if it is a State party to the Convenzione di Vienna del 1976)
- Self-certification of current family record
- Identity document of the Italian partner.
The interested party must open an account on the ministerial portal and complete the application, ensuring that all the documentation is digitised according to the technical standards required. Relying on our firm means choosing a partner with over 15 years of experience in submitting and following up on applications for citizenship by marriage.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law cases that the firm routinely handles, with the aim of creating a structured and complex case study to help readers navigate the handling of their own personal cases. The case studies, on the other hand, illustrate individual cases that have actually been handled by the firm, with data and details anonymised to ensure client confidentiality.
Registrazione del contratto di convivenza e regolarizzazione del partner straniero
Coppia residente a Roma: cittadino italiano e compagna straniera priva di documenti di soggiorno. Ricorso cautelare ex art. 700 c.p.c. per tutela della convivenza, seguito da pratica per carta di soggiorno familiare UE.
Adozione di maggiorenne per riconoscere un rapporto familiare di fatto
Cittadino statunitense residente a Roma con legame affettivo stabile con lo zio acquisito. Procedimento per adozione di persona maggiorenne ex artt. 291 e ss. del Codice Civile per formalizzare il rapporto familiare.
Contratto di convivenza per coppia italo-brasiliana: tutela patrimonio e permesso di soggiorno
Imprenditore italiano e compagna brasiliana conviventi da tre anni a Milano. Tre vulnerabilità interconnesse: migratoria, patrimoniale e successoria, risolte con un intervento coordinato su tre fronti paralleli.
Adozione in Colombia: coppia italiana realizza il sogno dopo 3 anni di percorso
Una coppia sposata da otto anni intraprende l’adozione internazionale con la Colombia. Un percorso attraverso due ordinamenti, tre istituzioni italiane e l’autorità centrale colombiana.
Successione con eredi in 4 paesi diversi: coordinamento Italia-USA-UK-Svizzera
Un imprenditore italiano lascia un patrimonio distribuito tra Italia, Stati Uniti e Svizzera, con quattro eredi in altrettanti paesi. Quattro ordinamenti, quattro sistemi fiscali da coordinare in parallelo.
Adozione maggiorenne figlio del partner: riconoscimento legame affettivo ventennale
Un uomo di cinquantotto anni chiede di adottare il figlio trentenne della moglie, cresciuto insieme da vent’anni. Un legame reale che la legge non riconosceva, con implicazioni successorie per i figli biologici.
Impugnazione testamento per lesione di legittima: recuperati 800.000 euro per gli eredi
Due figli ricevono 20.000 euro ciascuno da un testamento che lascia quasi tutto alla seconda moglie del padre. Un’azione di riduzione per lesione della quota di legittima risolta in mediazione.
Pianificazione successoria azienda familiare: passaggio generazionale da 3 milioni
Un imprenditore di sessantadue anni deve trasferire un’azienda da 50 dipendenti al figlio che la gestisce, tutelando la figlia che ha scelto un altro percorso. Patto di famiglia e holding per garantire continuità.
Adozione internazionale da parte di single: quando la legge apre una strada che pochi conoscono
Una donna single di quarantacinque anni intraprende l’adozione internazionale. Un percorso giuridicamente possibile ma poco conosciuto, che richiede una strategia legale specifica fin dal decreto di idoneità.
Eredità digitale: gestione criptovalute e asset digitali del defunto
Un professionista muore lasciando criptovalute per oltre 600.000 euro su wallet e exchange, senza istruzioni di accesso. Un patrimonio digitale che rischiava di andare perduto per sempre.
Rettifica del nome per persona transgender: documenti coerenti con la propria identità
Una professionista trentaduenne, in trattamento ormonale da otto anni, con documenti ancora al nome maschile di nascita. La discrepanza anagrafica generava outing forzati quotidiani in ambito lavorativo, bancario e amministrativo.
Attribuzione di sesso e aggiornamento di oltre 20 documenti: dalla sentenza alla nuova identità anagrafica
Un dirigente di 45 anni con sentenza di rettificazione già ottenuta si trova davanti al vero ostacolo: coordinare carta d’identità, patente, laurea, contratti di lavoro, mutuo e polizze assicurative presso enti con procedure non uniformate.
Legal advice for international civil unions
Civil unions represent an increasingly widespread reality, but often, when partners are of different nationalities, they are accompanied by legal complexities that require specialised assistance. Boschetti Studio Legale, with its experience in international, family and immigration law, offers a service dedicated to anyone who wishes to establish, recognise or manage the legal implications of a civil union, both in Italy and abroad. Thanks to our profound knowledge of Italian, European and international regulations, we are able to provide several services, including:
- Establishment and formalisation of the civil union: Preliminary advice on legal requirements and necessary documentation; assistance in establishing the civil union at the Civil Status Office; support for the transcription of civil unions celebrated abroad; drafting of personalised patrimonial agreements and advice on the choice of the applicable patrimonial regime.
- Assistance for foreign partners: Management of the application for the residence card for family member of EU citizen; support for the gathering, translation and legalisation of documents required for foreign citizens; advice on legal and patrimonial implications in transnational contexts.
- Management and dissolution of the civil union: Legal assistance for the dissolution of the civil union; advice and management of the patrimonial and family consequences of the dissolution; support for international disputes linked to the recognition of civil unions.
- Italian citizenship by civil union: Assistance in the submission of the application for Italian citizenship by civil union; preparation and verification of the necessary documentation (certificates, translations, legalisations); monitoring of the status of the application and follow-up in case of delays of the Public Administration.
- Ongoing advice and protection of rights: Advice on patrimonial matters, such as the purchase of jointly owned assets; assistance on tax and succession implications in Italy and abroad; support for the legal management of assets and rights in transnational contexts.
A law firm for international civil unions must ensure complete management of transnational issues. Our experience includes assistance in transcription procedures of unions celebrated abroad, management of patrimonial regimes according to international law and advice on the effects of the union in different jurisdictions. We offer ongoing support also after the establishment of the union, for the broader matters, including the purchase of jointly owned real estate or the management of international assets.
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What is the difference between marriage and civil union?
The first difference between marriage and civil union, in Italy, is that marriage is reserved for heterosexual couples, while the civil union can be entered into exclusively by same-sex couples. The civil union ensures rights similar to marriage but presents some differences; for example, it does not permit adoption. Both institutions ensure succession, welfare and social security rights.
How to formalise a civil union?
To formalise a civil union, the partners must submit a request to the civil status office of the municipality of residence of one of the two. After the verification of documents and requirements, a date is fixed for the ceremony where, in the presence of two witnesses, the partners declare their wish to establish a civil union. The ceremony concludes with the signing of the official deed.
Is a civil union celebrated abroad valid in Italy?
A civil union celebrated abroad is valid in Italy and can be transcribed in the registers of Italian civil status, unless it violates public policy. For civil unions in non-EU States, recognition may present greater obstacles, because, since European regulations and international conventions are not applicable, any bilateral agreements between countries must be verified.
