For citizens of the United States, getting legally married in Italy involves a specific bilateral bureaucratic procedure. Unlike EU citizens who benefit from simplified registry exchanges, Americans must satisfy the requirements of both the US State Department and the Italian Ministry of Interior.
Navigating the Italian legal requirements requires precise timing. The process is not merely about proving you are single; it is about authenticating that status in a way that the Italian Ufficiale dello Stato Civile can legally accept. The procedure revolves around two critical documents: the Atto Notorio and the Nulla Osta. Failure to secure either document in the correct order will result in the refusal of your marriage license.
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While we provide this detailed guide to help you understand the process, please note that LaLaWed does not provide legal assistance regarding the Atto Notorio, Nulla Osta, or Prefectura legalization.
The bureaucratic requirements for US citizens in Italy are strict and time-sensitive. To ensure your experience is purely about joy and not paperwork, we highly recommend finalizing your legal marriage in your home country. This allows you to host a breathtaking Symbolic Ceremony in Italy—giving you all the magic of an Italian wedding without the administrative stress.
Step 1: The Atto Notorio (Done in the US or Italy)
The Atto Notorio is an affidavit stating that there are no legal obstacles to your marriage according to US laws.
- Option A (Recommended): Obtain this in the US before you travel. You must schedule an appointment with an Italian Consulate in your jurisdiction. You will need four witnesses (who are not related to you) to swear an oath before the Consul.
- Option B (In Italy): If you cannot do this in the US, you can do it at a Civil Court (Tribunale) in Italy. However, this requires bringing two witnesses with you, paying for revenue stamps (marche da bollo), and often hiring an interpreter. This adds significant stress to your arrival week.
Step 2: The Nulla Osta (Done in Italy)
Once in Italy, you must obtain the Nulla Osta (Sworn Declaration) from the US Consulate or Embassy (typically in Rome, Milan, Florence, or Naples).
- The Appointment: You must book a “Notarial Service” appointment on the Consulate website months in advance.
- The Document: You will sign a statement in front of the US Consul asserting your freedom to marry. The Consul will then sign and seal the document.
- The Catch: This document is valid for 6 months, but it must be “legalized” by the Italian authorities to be used for the civil ceremony process.
Step 3: Legalization at the Prefecture
The US Consul’s signature is not automatically valid in an Italian Town Hall. You must take the Nulla Osta to the local Prefecture (Prefettura)—the local government office—to have the signature authenticated.
- Timing: The Prefecture is not open every day. You often need to drop off the document and pick it up the next day.
- Stamps: You must purchase revenue stamps (approx. €16) from a tobacco shop (Tabaccheria) to affix to the document.
Technical Nuances for US Couples
1. The “Woman’s Waiting Period”
An archaic Italian law (Article 89 of the Civil Code) prohibits a woman from remarrying within 300 days of a divorce or annulment. If your divorce was finalized less than 300 days ago, you must obtain a special waiver from the Italian court, which is a lengthy legal process.
2. Name Discrepancies
The name on your Passport, Birth Certificate, and Atto Notorio must match exactly. If your birth certificate says “Jonathan” but your passport says “John,” the Italian registrar may reject the file.
3. Apostilles
While the Nulla Osta is generated in Italy, your US Birth Certificate (if requested by a specific town hall) must have a Secretary of State Apostille attached to it to be valid abroad.
FAQ: US Citizen Procedures
Do we need to be in Italy early?
Yes. We recommend arriving at least 4-5 business days before the wedding. You need time for the Consulate appointment (Day 1), the Prefecture legalization (Day 2 or 3), and the Town Hall declaration (Day 4).
Can we do the paperwork after the wedding?
No. All documents must be presented to the Town Hall before the ceremony to perform the verbal declaration.
Is the marriage valid in the US?
Yes. An Italian marriage certificate is legally recognized in the USA. You do not need to “register” it again in the US, but you may want to get an Apostille on your Italian marriage certificate before leaving Italy to make it easily accepted by insurance companies or the Social Security Administration.