Serena Minervini

Foreigners can enter into marriage in Italy before their own Authority and according to the discipline of belonging.

To this end, the country of common citizenship or, in the absence of that, the country in which one of the spouses has residence or, again, the one in which the newlyweds have the common residence is considered to be the State of belonging.

Foreigners can also choose to celebrate their marriage in one of the forms admitted in the Italian legal system.

In this case, you need:

– That there are no impediments considered relevant for the Italian legal system, such as the lack of freedom of state, interdiction, crime, kinship and affinity not dispensable;

– That the foreigner obtains the authorization from the competent Authority of the State of belonging.

In the absence of clearance the registrar must refuse to proceed with the publication and to celebrate the marriage, because the Italian system guarantees, in principle, compliance with the rules of the country of belonging of the foreigner. These, however, may decide to appeal to the Court to obtain authorization for the celebration, if the conditions exist.

The limitations relating to age, adoption and affiliation, collateral third degree relatives and collateral affinity are not applicable to foreigners. The limit of public order remains firm, of course.

The fulfillment of the publications is required with the observance of the same procedure.

The personal and patrimonial relationships of the spouses are governed by the common national law or, in the absence of the law where marriage life is predominantly held.

Relationships between parents and children are governed by the law of the state in which the child has citizenship, unlike adoption, in which the law of the state of belonging of the adopter prevails.

In the case of polygamous marriage, one wonders what marital relations can be saved and with what prevalence.

Marriage of the Italian citizen abroad

Italian citizens can contract marriage abroad opting, alternatively, for the forms provided by the Italian law or by the order of the state of celebration.

However, compliance with the legislation regarding impediments remains unaffected.

If the nubendi have residency in Italy, publications must also take place in Italy and, if requested, in the State of celebration. Otherwise they must be done at our consular authority.

Marriage celebrated in the forms permitted by the foreign state will have civil effects in Italy, like a civil marriage.

The civil effects of the marriage celebrated abroad will be there even in the absence of transcription.

The jurisprudence recognizes civil effects also to the canonical marriage celebrated in the foreign State which does not recognize civil effects under the Concordat, which carries out its effects without territorial limits. In this case, however, its effectiveness remains subject to the burden of transcription in the registers of civil status. The prevailing doctrine remains of different opinion.

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