Marriage of a U.S. Citizen

Consular District of Florence

DISCLAIMER: THE INFORMATION ON THIS SHEET IS PROVIDED FOR GENERAL GUIDANCE ONLY AND MAY NOT BE COMPLETELY APPLICABLE IN EVERY CASE. SPECIFIC QUESTIONS SHOULD BE ADDRESSED TO THE CITY HALL WHERE THE MARRIAGE WILL TAKE PLACE

MARRIAGE OF AMERICAN CITIZENS IN ITALY

PLEASE NOTE: Marriages involving U.S. citizens cannot be performed by American Consuls nor take place on the premises of the American Consulate.

The following information is provided for general guidance only. Anyone wishing more detailed information should consult the appropriate Italian authorities, such as an Italian Consular Officer in the U.S., the Ufficiale di Stato Civile of the city where the marriage will occur. Although the rules and regulations are the same nationwide, some cities such as Florence, which perform many marriages between U.S. citizens, waive certain requirements (i.e. in Florence, the birth certificate requirement is waived when the marriage is between two U.S. citizens).

Americans who wish to marry in Italy must appear 3 days before the ceremony with two witnesses before the Ufficiale di Stato Civile - (Civil Registrar in the Palazzo Vecchio for Florence) - of the city where the marriage is to take place and make a declaration of their intention to marry. The following documents must be presented when making this declaration (Italian Law No. 1195 of October 13, 1965):

1. A “Nulla Osta” an oath of the American citizen notarized by an American Consul in Italy which states that there are no obstacles to the American’s marriage as defined under American laws. (The U.S. passport of the American citizen must be presented to the Consul at the time of making this declaration and a notarial fee of $30.00 is charged). The signature of the Consul affixed to this document must then be authenticated by the “Ufficio Legalizzazione” at the Prefettura of any province in Tuscany or Emilia-Romagna, except Parma and Piacenza. In Florence, this office is located in Via Giacomini 8, and the office hours are from 9:00 - 11:00 a.m. Monday through Friday and from 2:00 p.m. – 4:00 p.m. on Thursday only (Tel: 055/278.3562). A “Marca da Bollo” (administrative fee stamp) in the amount of Euro 14.62 is required by the Prefetture. It can be purchased in a Tobacco shop (Tabacchi) and is then presented to the clerk at the Ufficio Legalizzazione for each document to be authenticated.

2. An “Atto Notorio”, an oath of the American citizen sworn to in the presence of two witnesses and notarized by an Italian Consul in the U.S, stating that there are no legal impediments to the marriage according to the laws to which the person concerned is subject to in the United States.

The Atto Notorio must state that none of the conditions listed in Article 116 comma 2 (art. 85, 86, 87 number 1, 2 & 4 of the Italian Civil Code apply to the person/s requesting the document). An American who does not reside in Italy should obtain this document from the nearest Italian Consulate in the U.S. before coming to Italy. If you are unable to complete the Atto Notorio in the U.S. it can be done in Italy at an Italian Pretura (Lower Court House). You should call to make an appointment with the Pretura Circondariale di Firenze, Piazza San Martino 2, Tel: 055/27461 and ask for room 30. (Some knowledge of Italian is needed when you call this office; there is usually a waiting period of several weeks). Prior to the appointment, two types of Italian administrative stamps “ Marche per atti giudiziari” must be purchased. One stamp for the value of €34.08 and the other stamp for the value of €14.62. These stamps can be purchased in most “Tabacchi” shops.

3. Birth certificate*, which should show the names of both parents.

4. Sworn statement of consent* to the marriage by the parents or legal guardian of an American citizen under 18.

5. Evidence of termination of any previous marriage (final divorce or annulment decrees, or certificate of death).* If however any previous divorce, annulment or death has been recorded properly on the Atto Notorio then these documents are no longer necessary. Note: Any previous marriage of the bride must have been dissolved at least 300 days before the date of the proposed marriage.

* Any documents issued outside of Italy must be translated into Italian and authenticated by the nearest Italian Consulate having jurisdiction over the place of issuance in the U.S. before they can have any legal validity before Italian authorities.

After the above has been completed, banns are posted at the local City Hall for two consecutive Sundays before the marriage occurs, although the banns can be waived if neither party to the marriage is an Italian citizen and neither is residing in Italy.

A marriage is considered valid in Italy if performed under civil or religious auspices. A civil ceremony is performed at the City Hall and a translator must interpret if one of the parties does not understand the Italian language. A religious ceremony is performed by a Roman Catholic priest or by a clergyman of any other denomination authorized by the Italian Ministry of Interior to perform a religious ceremony.

If you would like your marriage to be recognized in the U.S., the certificate of marriage should be taken to the Prefettura, Ufficio Legalizzazioni (the same office that authenticates the Consul’s signature) of the city where the marriage is performed, to request the placement of an Apostille on the certificate. This process is not required; not doing so may result in some organizations not accepting the document.