Sunday 10 October 2010

Irish legal requirements for civil wedding in Italy

Irish wedding in Italy
Couples getting legally married in Italy are amazed at the stateliness of the civil ceremony. The Representative of the state wearing the traditional Italian red, white and green sash reads the articles of law governing the rights and responsibilities of married couples in Italian and is simultaneously translated into English.

The ceremony lasts approximately 20 minutes in its pure form but you can personalise the ceremony with your own vows and readings if the town hall agrees to the additions.

You are legally obliged to have an interpreter present throughout the ceremony, even if you or your partner can speak Italian. The interpreter must be a professional who will sign and make an oath to translate accordingly.
Paperwork requirements focus on certification of no-impediment. All paperwork is submitted to the town hall wedding office when you go to sign your wedding promise two or three days before your wedding date. Please note some town halls are happy for you to sign the promise on the morning of your wedding.

Two witnesses are required to be present during the ceremony and sign the official register alongside the bride, the groom and the translator. All must be at least 18 years old and have a valid passport or ID.
Basic Documentation
Paperwork required for Irish Citizens to marry in Italy:

• A full birth certificate.
• A valid passport.
• A nulla Osta
• If divorced Decree of Absolute
• If widowed a spouses death certificate and your previous marriage certificate.
• In cases where the name on the birth certificate differs from the one on the passport (except following marriage), deed-poll showing change of name.

BEFORE ARRIVING IN ITALY :

You must apply for a Certificate of Freedom to Marry to do this you must complete the following:

  • A statutory declaration called a “Certificate de coutume”.
    • MP2A form and have it signed by authorised signatory
      • If you are travelling on an Irish passport you must complete a Statutory Declaration and a two page Questionnaire. If your fiancĂ©(e) is Irish he/she must also complete a full set of forms.

      • If you are divorced you must make a statutory declaration on form MP2B

      The statutory declaration form in each set must be completed in the presence of and witnessed by one of the following: 1. A Notary Public 2. A Commissioner for Oaths 3.A Solicitor (the date the Statutory Declaration is completed in the presence of the Commissioner for Oaths, Notary Public or Solicitor, cannot be earlier than six months before the date of the intended marriage.
      Irish citizens living in Ireland should apply to the Consular Section of the Department of Foreign Affairs no more than 6 months before the date of your wedding and no less than 4 months before the date of your wedding. Your Certificate of Freedom to Marry will be sent by the Department to the Irish embassy in Rome who will then forward it to the district where you will be married.

      Along with the above forms you will need to issue the Department of Foreign Affairs with the following documentation :

      •  Original Long form of civil birth certificate
      • Death Certificate of previous spouse if widowed
      • Petition and Final decree of divorce: if divorced
      • Copy of Passport
      • Fee : If applying to the Department of Foreign Affairs, the fee for two Irish citizens marrying in a place other than Italy is €20 each. The fee for Nulla Osta for Italy is €20 per couple (regardless of whether one or both persons are Irish). Payment can be made by cheque
      Payable order or bank draft and should be made payable to the Secretary General, Department of
      Foreign Affairs.

      Please note this fee was correct at time of posting but is subject to change.

      * Applications that are not in order will be returned immediately*

      When returning the completed forms, ensure that all documents requested are included. All Certificates and divorce papers must be original documents.

      Where To Apply

      Department of Foreign Affairs

      Dept.:

      Consular Services

      Line 1:

      69-71 St. Stephen’s Green

      County:

      Dublin 2

      Country:

      IRELAND

      Tel:

      +353 1 478 0822


      To be completed by all applicants:

      MP1 (PDF 445kb) - Questionnaire to be completed by Irish citizen seeking 'Certificat De Coutume'/ 'Nulla Osta' for marriage abroad.

      To be completed by all applicants who are getting married in Italy:

      MP2 (PDF 32kb)

      To be completed by applicants who hold an Irish divorce:

      MP2E (PDF 60kb) - Statutory declaration to be made by an Irish Citizen holding a divorce decree issued by the Irish courts requiring a 'Certificat de Coutume'/ 'Nulla Osta' for marriage abroad.

      Please Note: Application forms cannot be submitted via e-mail. Original application forms and documentation should be sent to the Department of Foreign Affairs or relevant Irish Mission.

      'Certificats de Coutume'/ 'Nulla Ostas' will not be issued to persons under 18 years of age without the written and witnessed consent of their parents or guardians

      ONCE IN ITALY:
      A Statutory Declaration (Nulla Osta) will be issued at the Irish Embassy in Rome. This Statutory Declaration (Nulla Osta) literally states that "there are no impediments," or that one is free to marry. The Nulla Osta (Statutory Declaration) is valid for six months.

      Please consider to be in the city where you will get married to swear a declaration in front of the authorities with a simultaneous translator a couple of days before the wedding.

      Residency Stay:
      Where both parties to the marriage are Irish nationals and living in Italy you will require residence in the Consular district for the 21 days immediately prior to giving the notice of marriage, and the posting of this notice of marriage in the Consulate for a further 21 clear days.
      Where both parties are Irish nationals and both are resident in Ireland there is no requirement for a residency stay in Italy for getting married there. As long as they are there to do the necessary pre-wedding declaration (compulsory) for civil marriages. You should contact your Registrar, in the town where you wish to marry, in advance of your wedding day, for further information.

      Your Nulla Osta is then sent directly to the Anagrafe (Registry office) in order to book a date for the wedding (this applies to Rome). Some rural areas may allow a wedding date to be reserved and then finalised on presentation of the Nulla Osta.
      Once the paperwork has been inspected along with a receipt to prove the fee for the town hall has been paid. You must both be present for the sworn declaration with all original documents and passports.

      The sworn declaration before the Registrar, is to the effect that none of the impediments stated in the following articles (85, 86, 87, 88, 89 of the Italian Civil Code, apply in the matter of the marriage of you and your fiancé. That you are free to marry not in violation of the following civil code:

      1. No known mental illness of either party that may constitute an impediment to the marriage;

      2. Neither Party is presently married;

      3. The Parties are not blood relations in the first of second degree;

      4. No conviction for murder or attempted murder on the spouse of the other contracting party;

      5. Neither party to this marriage has lived with his or her divorced partner during the last 300 days.

      A woman whose previous marriage was terminated within the last 300 days must obtain a waiver from the Procura della Republica (District Attorney), which is issued on presentation of a medical certificate that she is not pregnant.

      You can finally get married!

      
      Irish Australian wedding in Siena
      


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