Marriage for foreigners in Italy

The regulatory framework that governs marriage with foreigners in Italy is based on national and international rules. Italian legislation guarantees the right to marriage of foreign citizens, recognising validity both to civil marriages and to religious ones with civil effects.

The main discipline is found in the Italian Civil Code, integrated by the immigration law (D.Lgs. 286/1998) and by the international conventions ratified by Italy. In particular, the 1978 Hague Convention on the celebration and recognition of the validity of marriages establishes fundamental rules for international marriages.

For couples of different nationalities, private international law determines which national law must be applied to assess the substantial requirements of the marriage. Matrimonial capacity is verified according to the national law of each future spouse, while the form of the celebration follows Italian law.

Jurisdiction for the marriage of the foreign citizen in Italy belongs to the civil status officers of Italian municipalities. These have the exclusive competence to receive the marriage publications, verify the regularity of the documents presented, celebrate the civil marriage and register marriages celebrated according to other religious rites.

The Italian legal system provides specific protections to prevent fictitious marriages, with stricter controls when it comes to marriages of foreign citizens not resident in Italy. These controls aim to verify the genuineness of the union and compliance with immigration rules.

Italian consular authorities abroad play a crucial role in the process, being competent for the legalisation of foreign documents and, in some cases, for the celebration itself of the marriage. Their activity is regulated by the 1963 Vienna Convention on consular relations, which establishes the powers of consuls in matters of civil status.

The fundamental requirements for marriage with foreigners in Italy follow precise principles established by the regulations in force. Italian law requires that both future spouses meet certain conditions, regardless of their nationality.

The first essential requirement is matrimonial capacity, which is assessed according to the national law of each future spouse. To marry a non-EU citizen, it is necessary to verify that there are no impediments according to the law of the country of origin.

The documentation necessary for civil marriage with a foreigner must be presented in original, translated and legalised. The key document is the marriage clearance certificate, issued by the competent authority of the country of origin or by the diplomatic representation in Italy. The application for the marriage clearance certificate must attest that according to the national law of the foreigner there are no impediments to marriage.

It must be specified that the Munich Convention, ratified by Italy in 1984, has introduced the “certificate of matrimonial capacity”, which replaces the clearance certificate provided for by art. 116 c.c. According to the convention, the certificate is issued by the authority of the country of origin of the foreigner, after verification of the absence of legal impediments to marriage.

The status of stay of the foreigner takes on particular importance. Although a residence permit is not necessary to celebrate the marriage, regular presence on the territory considerably facilitates the procedures. The visa for marriage with foreigners in Italy can be requested, in the form of a tourist visa, specifically for this purpose at the Italian diplomatic representations in the country of origin.

For refugees and asylum seekers special procedures apply, considering the possible difficulty in recovering documents from the country of origin. In these cases, the clearance certificate can be replaced by a sworn act of notoriety before the court.

Boschetti Studio Legale provides specialised assistance in the verification of requirements and in the preparation of the necessary documentation, ensuring that all legal conditions are met before proceeding with the marriage publications.

The procedure for marriage with foreigners in Italy follows a well-defined path. Particular attention to timing and to documentation is required, if one does not want to run the risk of suffering a negative measure or even of getting entangled in the procedural delays of the Italian Administration. The path develops through successive phases, each of which must be correctly completed in order to proceed with the celebration.

The first step is the preliminary phase of the marriage publications. This is a mandatory fulfilment as the law provides that, in the absence of publications, the marriage cannot be celebrated. The function of the institution is to make known to third parties the intention of the parties to contract marriage, in order to allow any opposition, as well as to allow the civil status officer to start the verifications regarding the absence of impediments to the marriage.

Therefore, the future spouses must appear personally (or through a person who has received special task) at the civil status office of the Municipality of residence of one of the two to request the publications.

The publications remain displayed at the municipal house, in a specifically dedicated space, for eight consecutive days. During this period, anyone who has reason to oppose the marriage, for causes provided for by law, can present it. The Civil Code establishes that the marriage cannot be celebrated before the fourth day from the conclusion of the publications. Furthermore, after the eight days have elapsed, the marriage must be celebrated within 180 days; otherwise, the publications will be considered as never having been carried out.

For couples of different nationalities who choose civil marriage, the ceremony takes place at the municipal house before the civil status officer. It is possible to request the presence of an interpreter if one of the future spouses does not understand Italian sufficiently. The celebration can also take place in a Municipality different from that of the publications, with prior delegation.

Finally, it must be said that art. 111 of the civil code provides for cases expressly listed in which the marriage can be celebrated “by proxy”, including “if one of the spouses resides abroad and serious reasons concur to be assessed by the court in whose district the other spouse resides. The authorisation is granted with non-appealable decree issued in chambers, having heard the public prosecutor”. This case is to be considered if the foreigner is unable to obtain the entry visa to contract marriage. The whole point is to verify whether such case can integrate the requirement of the “serious reasons”.

In the case of religious marriage with civil effects, it is necessary to coordinate the ecclesiastical procedure with the civil one. The documents for civil marriage with a foreigner must be presented both to the religious and to the civil authorities. The minister of religion who celebrates the marriage must be authorised by Italian law to do so.

During the celebration, both civil and religious, the presence of two adult witnesses is fundamental. At the end of the ceremony, the marriage act is issued, an essential document for the subsequent administrative procedures, including the application for the residence permit after marriage with an Italian.

As mentioned when speaking of “proxy” marriage, an important and practical question concerns the type of entry visa required for a foreigner who intends to marry an Italian citizen. Since the ministerial decree of 11 May 2011 does not provide for a specific category of “marriage visa”, the foreigner must request a tourism visa. In addition to the standard documents necessary for the tourist visa, the certificate of completed publications is also required, to demonstrate that the purpose of the trip is to contract marriage with an Italian citizen. Any refusal measure can be challenged by raising the issue of the right of the foreigner to contract marriage with an Italian citizen on equal terms. Boschetti Studio Legale, in addition to handling this type of dispute, accompanies couples at every stage of the path, from the initial preparation of the documentation to the celebration, ensuring that all procedures are correctly followed and within the times provided by law, to avoid the client suffering delays or unfavourable measures.

The protection of the rights of the foreign spouse in case of marital crisis is a fundamental aspect of private international family law. Couples of different nationalities facing a separation or divorce must consider various legal implications involving both the Italian legal system and that of the country of origin of the foreign spouse.

According to EU regulation n. 1259/2010 (Rome III), the law applicable to separation and divorce can be the subject of agreement between the spouses. The choice can fall between:

1. a) the law of the State of the habitual residence of the spouses at the time of the conclusion of the agreement;
2. b) the law of the State of the last habitual residence of the spouses if one of them still resides there at the time of the conclusion of the agreement;
3. c) the law of the State of which one of the spouses has citizenship at the time of the conclusion of the agreement;
4. d) the law of the forum.

In the absence of agreement between the parties, divorce and personal separation are governed by the law of the State:

1. a) of the habitual residence of the spouses at the time the court is seised, or, failing that;
2. b) of the last habitual residence of the spouses provided that this period did not end more than one year before the court was seised, if one of them still resides there at the time the court is seised; or, failing that;
3. c) of which both spouses are citizens at the time the court is seised; or, failing that;
4. d) of the court before which the action is brought.

The foreign spouse enjoys the same rights as the Italian citizen in matters of maintenance and divorce allowance, assignment of the marital home, child custody, inheritance rights up to the passage in res judicata of the divorce judgment.

Italian jurisdiction is determined according to EU Regulation n. 2019/1111 (Brussels II-ter) for issues relating to parental responsibility, and according to Regolamento UE 4/2009 for maintenance obligations. These instruments ensure that decisions taken in Italy are recognised in the other Member States of the EU.

For marriages of citizens of different nationalities involving non-EU countries, the specific international conventions apply or, in their absence, legge n. 218/1995 on Italian private international law.

Boschetti Studio Legale provides specialised assistance in these delicate situations, ensuring complete protection of the rights of the foreign spouse and assisting in the procedures of separation and divorce with transnational profiles.

The complexity of procedures for marriage with foreigners in Italy requires qualified legal assistance, dealing with transnational issues, which require extensive knowledge of private international law, of Italian citizenship and of immigration law.

Well, these matters constitute the expertise of Boschetti Studio Legale, which therefore can offer complete advice covering every aspect of marriage of the foreign citizen in Italy, from the preparatory phase up to post-marriage procedures.

Our team of specialised professionals provides, among other things:

• Preliminary analysis of the specific situation of the couple
• Verification of the documentation necessary for civil marriage with a foreigner
• Assistance in the application for the marriage clearance certificate
• Assistance in the request for publications
• Assistance in cases of marriage by proxy
• Support for marriages of foreign citizens not resident in Italy
• Advice for cases of marriage with an irregular foreigner or with tourist visa
• Management of procedures for the visa for marriage with foreigners in Italy
• Management of the application for the residence permit for spouse of an Italian citizen
• Management of the practice of application for Italian citizenship by marriage

With regard to procedures for obtaining Italian citizenship by marriage, we have been dealing for over 15 years with the preparation and submission of the necessary documentation, the monitoring of practices and assistance throughout the administrative path, in order to counter the ever-present delays of the offices of the Italian Public Administration.

We contest before the administrative judicial authority any expiry of the term of the proceeding, if the Administration has not yet decided on the application, and we challenge any measures of refusal of Italian citizenship by marriage, also for issues connected to fictitious marriages. Furthermore, we deal with the application for the residence permit (or the residence card) subsequent to marriage with a foreigner in Italy.

The added value of our advice lies in the ability to prevent potential bureaucratic problems, optimise waiting times, ensure correct presentation of documentation, provide multilingual support, and ensure personalised assistance: the result of almost twenty years of experience in the matters of immigration law, Italian citizenship and private international law.