Foreign Marriage Certificate Transcription
How to transcribe the marriage act in Italy?
The original marriage certificate that was issued by the Foreign Civil Status Office must be legalized and translated and must be sent, by the interested parties, to the diplomatic-consular representation which will take care of the transmission in Italy for the purpose of being able to transcribe it in the civil status registers of the competent Municipality.
Alternatively it is necessary to present the deed, legalized and translated, directly to the Municipality of belonging. as reported in art. 12, paragraph 11, of Presidential Decree 396/2000
What documents are needed to get the transcript?
In general, the marriage certificate issued by the competent Civil Status Office is required for the transcription of the marriage certificate in Italy of the foreign country in which the marriage was celebrated, in the original or in a certified copy of the original and duly translated into Italian, even if the documentation could change depending on the country where the marriage was celebrated.
Documents issued by countries that have acceded to the 1976 Vienna Convention on the issuance of multilingual extracts of civil status documents are exempt from legalization and translation.
How are the property relations of a marriage celebrated abroad regulated?
Property relationships between spouses are governed by the law that regulates personal relationships, i.e. the common national law or, if the spouses have different or multiple citizenships, by the law of the place where family life is mainly located.
In the case of a marriage celebrated abroad, the property regime of the family will be established by Italian law, if the spouses are Italian o in the case of different or dual nationalities if permanently resident in Italy, Italian law does not apply where, even if resident in Italy, the spouses both hold the same foreign citizenship, in this case case the latter prevails over the place of residence and the place of celebration of the marriage.
Therefore anyone who resides permanently in Italy and marries abroad will be subject to the rules of Italian family law for what it concerns the personal and patrimonial regime of the family.
Also in this case if the spouses do not provide otherwise and expressly, the matrimonial property regime will apply ;community property attorney. .
Marriage abroad and same-sex couples
Although marriage between subjects of the same sex is not permitted in Italy, however our legal system allows civil unions that allow people of the same sex to assume – more or less – the same rights and duties that derive from marriage.
It follows that the celebration of this union celebrated abroad will also have effects in Italy if duly transcribed in the State registers Civil, in this case the deed will be transcribed as a civil union and not as a marriage.