Legal Question in Family Law in Italy

Re: Document on proof of not being married

If you are divorced or you are a widow you need to provide evidence of the termination of any previous marriage, if applicable (e.g.: final divorce decree, annulment decree or death certificate of former spouse).

If you have never been married you need a document called "Affidavit". It is a document sworn to by the US citizen before a US Consul commissioned in Italy(there is one in Milano), stating that there is no legal impediment to the marriage, according to the laws of the State of which the citizen is a resident.

This document is often referred to as ?Nulla Osta? by Italian authorities.

Once issued, this affidavit must be stamped by the Legalization Office of any Prefettura in the Consular District.

In addition to this "AFFIDAVIT, you need a document called "Atto Notorio". This is a declaration, stating that according to the laws to which the citizen is subject in the United States there is no obstacle to his/her marriage. This declaration is to be sworn to by two witnesses , before an Italian Consul outside Italy or in Italy, before a Court official in the city where the marriage is to take place. Anyway better to get this one in USA before the Italian Consul, since in Italy some Court may have a long waiting list.

Remember that all documents originating out of Italy (birth certificate, divorce decree, etc.) MUST be translated into Italian. Both the original documents and the translations MUST be legalized for use in Italy, with the so-called ?APOSTILLE? stamp.

In the US, the ?APOSTILLE? stamp is placed by the Secretary of State in the State where the document was issued.

Under Italian law, all public documents -- regardless of their origin -- are considered valid for only six months from the date of issue.

Therefore, make sure that all documents to be submitted to Italian authorities have not been issued more than six months ahead of the marriage.

For further information, you can contact me directly to my office e-mail.

My office is in the outskirt of Milano.