{"id":2302,"date":"2024-10-21T11:02:52","date_gmt":"2024-10-21T09:02:52","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2302"},"modified":"2026-07-06T09:21:31","modified_gmt":"2026-07-06T07:21:31","slug":"marriage-for-foreigners","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/marriage\/marriage-for-foreigners\/","title":{"rendered":"Marriage for foreigners"},"content":{"rendered":"

Marriage for foreigners in Italy<\/h1>\n
Foreign citizens can marry in Italy by following local rules, which provide for specific documentation. Legal support is fundamental to facilitate the process, allowing the couple to marry with peace of mind and the foreigner, after the wedding, to obtain a residence permit for family reasons.<\/div>\n
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Marriage between persons of different nationalities represents an ever more frequent choice in contemporary society. The decision to marry in Italy when one of the partners is a foreigner requires careful preparation and knowledge of specific regulations, also to understand which are the necessary documents to obtain. Couples of different nationalities who wish to celebrate their marriage in Italian territory must face administrative and legal procedures, and confront immigration law rules: all this may at first sight seem a complex task.<\/p>\n<\/p>\n

Boschetti Studio Legale<\/strong> makes its many years of experience available in legal assistance for marriage with foreigners in Italy, guiding the future spouses through every stage of the process. Our team of specialised professionals provides personalised support to ensure that all legal requirements are correctly met.<\/p>\n<\/p>\n

Considering that to marry a non-EU citizen it is necessary to handle a precise procedure, providing oneself with the necessary documentation for civil marriage with a foreigner, our firm offers complete advice to avoid running into unpleasant surprises. We assist clients in the preparation and verification of all the documents required, in particular, in the application for the marriage clearance certificate and in the practice of visa application, where necessary.<\/p>\n

Our assistance also extends to issues relating to the residence permit after marriage with an Italian and to the procedures for the acquisition of Italian citizenship by marriage: crucial phases that crown the integration of the foreigner who marries an Italian citizen.<\/p>\n<\/div>\n

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Marriage with a foreign citizen in Italy: regulatory framework of reference<\/h2>\n<\/div>\n
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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<\/strong>, recognising validity both to civil marriages and to religious ones with civil effects.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

For couples of different nationalities<\/strong>, 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.<\/p>\n<\/p>\n

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 <\/strong>receive the marriage publications, verify the regularity of the documents presented, celebrate the civil marriage and register marriages celebrated according to other religious rites.<\/p>\n<\/p>\n

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.<\/p>\n

Italian consular authorities abroad<\/strong> 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.<\/p>\n<\/div>\n

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Legal requirements for marriage with a foreigner in Italy<\/h2>\n<\/div>\n
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The fundamental requirements for marriage with foreigners in Italy<\/strong> follow precise principles established by the regulations in force. Italian law requires that both future spouses meet certain conditions, regardless of their nationality.<\/p>\n<\/p>\n

The first essential requirement is matrimonial capacity, which is assessed according to the national law of each future spouse<\/strong>. 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.<\/p>\n<\/p>\n

The documentation necessary for civil marriage with a foreigner<\/strong> must be presented in original, translated and legalised. The key document is the marriage clearance certificate<\/strong>, 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.<\/strong><\/p>\n<\/p>\n

It must be specified that the Munich Convention<\/strong>, 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.<\/p>\n<\/p>\n

The status of stay of the foreigner<\/strong> 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.<\/p>\n<\/p>\n

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.<\/p>\n

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.<\/p>\n<\/div>\n

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The right to marry for foreign citizens in Italy: constitutional profiles and strategies against fictitious marriages<\/h2>\n<\/div>\n
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In Italy, the right of foreign citizens to contract marriage is regulated by art. 116 of the civil code, which requires possession of a “clearance” certificate. This document, issued by the competent authority of the foreigner’s country of origin, attests that there are no impediments to marriage according to the laws of the country itself. The presentation of the clearance certificate is necessary to proceed with the publications and the celebration of the marriage.<\/p>\n<\/p>\n

With the introduction of L. 94\/2009 (known as the “security package”), a further requirement had been added for foreign citizens: the regularity of stay. According to this rule, foreigners without a valid residence permit could not marry in Italy.<\/p>\n<\/p>\n

Although the legislator’s intent was to combat so-called “convenience” marriages, used to circumvent the rules on entry, stay and acquisition of Italian citizenship, this provision raised constitutional doubts. Preventing a foreigner without a residence permit from marrying represented a violation of the right to matrimonial freedom guaranteed by the Constitution.<\/p>\n<\/p>\n

With judgment n. 245 of 25 July 2011, the Constitutional Court declared the unconstitutionality of art. 116, first paragraph, of the civil code in the part in which it subordinated the right to marriage to the regularity of stay<\/strong>. The Court argued that, although a difference exists between Italian and foreign citizens (since the former have an original and permanent relationship with the State, while the latter an acquired and often temporary relationship), the inviolable rights enshrined by art. 2 of the Constitution belong to all persons as human beings, regardless of their citizenship.<\/strong><\/p>\n<\/p>\n

Consequently, today the right to marry is recognised as a fundamental right, not subordinate to the regularity of stay of the foreigner<\/strong>. The fight against marriages of convenience is managed not through regulatory limitations, but through evaluation criteria based on concrete indications, as indicated in the resolution of the Council of Europe of 1997, entitled “Measures to be adopted in matters of the fight against fictitious marriages”.<\/p>\n<\/p>\n

This resolution identifies some characteristic elements of fictitious marriages, including: payment for the celebration of marriage, the absence of cohabitation between the spouses, the failure to share family responsibilities, the non-existence of a personal relationship before the marriage, errors on the partner’s personal data and the impossibility of communicating in a common language.<\/p>\n<\/p>\n

Boschetti Studio Legale has successfully resolved a case in which the Public Administration was contesting the case of fictitious marriage, allowing its clients to see the effectiveness of their marriage recognised for the purposes of issuing the residence permit for the foreign spouse. In essence, the Police Headquarters of Rome had denied the residence permit for the spouse of an Italian citizen to an Egyptian foreigner who had married an Italian citizen, claiming that their marriage was fictitious on the basis of certain factors, in particular the discordance of the declarations of the two spouses at the hearing. We managed to demonstrate the effectiveness of the marriage, also thanks to photographic, audiovisual material, telephone records and screenshots of the chats between the two, thus obtaining from the judge the recognition of the right to family unity and, consequently, the issuing by the Police Headquarters of Rome of the requested EU family residence permit.<\/p>\n<\/div>\n

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Procedural path for the celebration of marriage<\/h2>\n<\/div>\n
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The procedure for marriage with foreigners in Italy<\/strong> 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.<\/p>\n<\/p>\n

The first step is the preliminary phase of the marriage publications<\/strong>. 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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

For couples of different nationalities who choose civil marriage<\/strong>, 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.<\/p>\n<\/p>\n

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<\/strong> 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”.<\/p>\n<\/p>\n

In the case of religious marriage with civil effects<\/strong>, 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.<\/p>\n<\/p>\n

During the celebration<\/strong>, 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.<\/p>\n<\/p>\n

As mentioned when speaking of “proxy” marriage, an important and practical question concerns the type of entry visa required for a foreigner<\/strong> 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.<\/p>\n<\/div>\n

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Marriage with a foreign citizen not resident in Italy<\/h2>\n<\/div>\n
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The celebration of marriage when one of the future spouses is a foreigner not resident in Italy is a specific case, which requires particular care and attention, also implying, as already said, an entry visa application practice.<\/p>\n<\/p>\n

The first consideration, therefore, concerns regular entry into Italy<\/strong>. The future foreign spouse should obtain a visa for marriage with foreigners in Italy, issued by the Italian diplomatic representation in the country of residence, which would essentially consist of a normal tourist visa in whose application the purpose of the trip is specified, namely to celebrate the marriage.<\/p>\n<\/p>\n

All documents to be presented to the Embassy must be translated into Italian and legalised according to the applicable international conventions. Substantially, the foreign citizen requests a tourist visa (provided they do not belong to a State of the “White List” for which the visa obligation is not provided for stays up to 90 days), producing all evidence, including the publications, that the entry is connected to the will to contract marriage on Italian soil.<\/p>\n<\/p>\n

Particular attention is dedicated to the case of the irregular foreigner<\/strong>. In these situations, although the Italian legal system, as has been seen, does not expressly require a valid residence permit for the celebration of marriage, practical complications could arise in the management of documentation and administrative procedures, so this is a situation that must be managed prudently and with the due professionalism.<\/p>\n<\/p>\n

For international couples who plan to settle in Italy after marriage, it is fundamental to consider from the outset the procedures for the subsequent residence permit. Advance planning of these aspects can considerably facilitate the post-marriage process. This is the procedure that leads the foreign citizen married to an Italian citizen to apply for the residence permit for spouse of European Union citizen,<\/strong> provided for by D.Lgs. n. 30\/2007, which, transposing a European Union directive, regulates the right to free movement and stay of Union citizens and their family members.<\/p>\n<\/p>\n

Organising a marriage with a foreign partner not resident in Italy can require longer preparation times<\/strong> compared to standard procedures. It is advisable to start the organisation at least 6-8 months in advance to ensure that all documentation is correctly prepared and that any problems can be resolved without compromising the planned wedding date.<\/p>\n<\/p>\n

These are the indispensable documents for the foreign partner:<\/p>\n