Kara Sears
Italy recognizes three forms of couple's relationships: marriage between people of the opposite sex, registered partnership between people of the same sex, and de facto partnership between people of the opposite or same sex. To get married in Italy, couples must submit a marriage affidavit, Dichiarazione Giurata, to the Legalization Office (Ufficio Legalizzazioni) of the local Prefettura. The legalization of the affidavit is required for the marriage to be legally valid in Italy. Additionally, couples who live together and support each other emotionally and financially in Italy are considered domestic partners and can make their relationship official through a common-law partnership application.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Italy does not recognize common-law marriage. However, it does recognize "de facto partnership" between persons of opposite or same sex. |
| De facto partnership | Couples who live together and support each other emotionally and financially are considered "domestic partners." They can make their relationship official by submitting a declaration form to the Office for National Statistics in their town. |
| Civil unions | Civil unions are recognized in Italy for same-sex couples. |
| Marriage | Italy recognizes marriage between persons of opposite sexes. |
| Registered partnership | Registered partnerships are recognized in Italy for persons of the same sex. |
| International marriages | Marriages performed abroad between Italian citizens and foreigners or foreigners residing in Italy are considered valid in Italy if they are valid in the country where they were performed. |
| Applicable law | The applicable law on marriages is the same throughout Italy, but local town halls may interpret the law differently and waive certain requirements. |
| Documentation | Required documents for marriage in Italy include a valid passport, birth certificate, and evidence of termination of any previous marriages. All documents from outside Italy must be translated into Italian and legalized with an Apostille stamp. |
| Religious ceremonies | A civil ceremony must precede a religious ceremony performed by non-Roman Catholic clergy to ensure the legality of the marriage. |
| Property regime | Italian law establishes the legal communion of assets as the default property regime for married couples. Spouses may choose the separation of assets during the celebration of the marriage or subsequently with a notary. |
Explore related products
What You'll Learn
Marriage and divorce laws in Italy
Italy recognises three forms of couples' relationships: marriage between people of the opposite sex, registered partnerships between people of the same sex, and de facto partnerships between people of the opposite or same sex. The first category is regulated under the Civil Code, while the second and third are regulated by the Law of 20 May 2016.
Marriage
To get married in Italy, you will need to procure a sworn affidavit, known as an Atto Notorio, and documentation to prove your declaration of intent to marry. If you are a UK citizen, you will also need to provide a certificate of no impediment.
Divorce
Divorce was introduced in Italy in 1970 with Law No. 898/1970. Since then, several changes have been made, including the Short Divorce Law, which has reduced the time to apply for divorce from three years to six months in the case of separation by mutual consent, and to one year in the case of judicial separation.
There are two types of divorce in Italy: joint divorce, in which both spouses agree on the terms of the dissolution, and contested divorce, in which the parties have not reached a mutual agreement.
There are several basic reasons for filing for divorce in Italy, including:
- Legal separation
- Annulment of the marriage
- New marriage of one of the spouses concluded in a foreign country
- Non-consummation of the marriage
- Change of sex of one of the spouses
- Serious criminal conviction for offences committed within the family
- Sentence of acquittal for one of these crimes due to mental defect
Following a divorce, the spouses will proceed with a consensual or judicial division of common goods. If there are children, the divorce decree must rule on their custody. The parent with whom the children will be living most of the time tends to be left the family home.
Federal Power: Interference in State Laws?
You may want to see also
Explore related products
Civil unions and same-sex marriage
Italy has recognised civil unions since 5 June 2016, providing same-sex couples with almost all of the legal protections, benefits and rights of marriage. A "Formazioni Sociali Specifiche" allows civil partnerships to take place between same-sex couples. The rights and obligations for such partnerships are very similar to those of marriage, except for adoption (including stepchild adoption) and access to in vitro fertilisation, which remain prohibited.
The process of establishing a civil union involves the couple making a declaration to the registrar of the town hall in the presence of two witnesses (one on each side). They must declare their personal information, nationality, residence, and any causes that would prevent the establishment of a civil union, such as existing marriages or mental illness. Town hall fees apply to all civil unions, regardless of citizenship and the type of ceremony. The ceremony is performed by the Mayor or their substitute and is conducted in Italian, with an official interpreter and two witnesses over 18 required by law.
The recognition of civil unions in Italy was preceded by a long history of activism and political debate. In September 2003, the European Parliament approved a resolution on human rights, with each member state pledging to abolish any form of discrimination based on sexual orientation. During the XIV Legislature, proposals for civil unions were submitted to Parliament with cross-party support. On 8 July 2002, Franco Grillini, an MP for the Democrats of the Left, first submitted a bill to legalise same-sex marriage. While this bill ultimately failed, it gained support from 161 centre-left MPs. By early 2016, more than 320 municipalities had introduced civil union registries, providing same-sex couples with formal recognition and equal access to municipal services. Major cities offering these registries include Rome, Milan, Bologna, Padua, Florence, and Turin.
Italy remains one of the last countries in Western Europe to not have legalised same-sex marriage. However, polling suggests that a majority of Italians support the legal recognition of same-sex marriage.
Enforcing the Law: When is it Okay to Yell?
You may want to see also
Explore related products
Common-law marriage for foreigners
Italy does not recognise common-law marriage. However, it does recognise three forms of couple's relationships: marriage between people of opposite sexes, registered partnerships between people of the same sex, and de facto partnerships between people of opposite or same sexes.
Marriage
Under Article 116 of the Italian Civil Code, foreigners can marry in Italy. However, they must provide a Nulla Osta (Certificate of No Impediment) issued by their home country. This certificate proves that the foreigner intending to marry in Italy is not already married. The Nulla Osta can be obtained through the relevant country Embassy in Rome or a local notary. All documents originating outside of Italy, such as birth certificates and divorce decrees, must be translated into Italian and legalized for use in the country.
Registered Partnership
Registered partnerships, or civil unions, are available for same-sex couples in Italy. The rights and obligations for such partnerships are very similar to those of marriage, except for adoption, which remains prohibited. To establish a civil union, the couple must jointly make a declaration to the registrar of the town hall in the presence of two witnesses.
De Facto Partnership
Couples who live together and support each other emotionally and financially in Italy are considered "domestic partners". This relationship can be made official by sending a declaration form to the Office for National Statistics in the town where the couple wishes to establish joint residence. This is done through a common-law partnership application.
International Marriages
In the case of international marriages, the general criterion chosen is the application of the common national law of the two spouses. However, when spouses have different citizenships, recourse will be provided to the law of the state in which the married couple primarily lives. Marriages celebrated abroad between Italian citizens and foreigners or foreigners residing in Italy are considered valid when considered valid by the law of the place of celebration or the law of the state of common residence at the time of celebration.
Knowing Your Rights: When Police Can Ask for ID
You may want to see also
Explore related products
Property and inheritance rights
Italy does not recognize common-law marriage. Instead, it recognizes three forms of couple's relationships: marriage between people of the opposite sex, registered partnership between people of the same sex, and de facto partnership between people of the opposite or same sex.
Marriage under the regime of communion of assets
In this case, all the assets that the spouses purchase jointly or separately after the marriage are part of the communion of assets and belong in equal parts to both spouses. However, the following are not considered part of the communion:
- Assets owned by either spouse before the marriage
- Assets acquired through inheritance or donation
- Assets that are strictly personal or used for the spouse's profession
- Assets obtained as compensation for damages or indemnity
Upon the death of one spouse, the surviving spouse inherits an undivided half of all assets included in the communion, excluding anything received as a gift or through inheritance during the marriage.
Marriage under the regime of separation of assets
In this case, only the assets exclusively in the spouse's name are considered in the succession procedure. For example, if the house of residence is in the name of both spouses and they have no children, it will be inherited at 50% by each spouse. However, if the deceased spouse bought the house solely in their name, the surviving spouse will inherit 100% of the property.
Judicial separation
If a spouse is granted monthly maintenance payments by the courts during legal separation, they are entitled to retain these payments for life or until their economic circumstances change, provided that the inheritance assets are sufficient.
Divorce
In the case of divorce, the surviving spouse loses all rights to inheritance, but the Decree Absolute must have already been issued before the death of the spouse.
Cohabitation/Common-Law Partnership
Italy does not recognize any rights for unmarried partners. They can only inherit in cases of testamentary succession and for the available quota reserved by law. If a cohabitant dies without a will, the surviving cohabitant has no inheritance rights. However, if the deceased partner owned the house of permanent residence, the surviving cohabitant has the right to live in the same house for two years or three years if they have minor or disabled children with the deceased partner. This right is lost if the surviving cohabitant stops living permanently in the house, gets married, enters a civil union, or undertakes a new de facto cohabitation.
Forced Heirship
Italian law also has the concept of forced heirship, where certain heirs are considered 'forced heirs' and are entitled to a compulsory share of the deceased's estate, known as 'legittima'. These heirs include the spouse, children (legitimate, illegitimate, or adopted), and ascendants (parents) if there are no living children or grandchildren. The testator cannot disinherit these immediate family members and cannot leave them less than what is required by law.
If there is no will, the inheritance is divided according to predetermined quotas established by the Civil Code. Heirs must submit a declaration of succession within one year of the deceased's death; otherwise, they will be subject to incremental fines.
If there are no legitimate heirs, the testator can dispose of their assets as they wish. However, if the division of assets does not meet legal requirements, rightful heirs can demand compensation from available assets or other heirs who received more than their reserved quota.
Taxes
When an inheritance is accepted, the heir is responsible for all taxes related to the estate, including inheritance tax and the imposta catastale, which is a tax on property transferred to an heir. If there are multiple heirs, disputes may arise over paying the outstanding taxes, especially if the taxes exceed the property's value, leading to heirs renouncing their inheritance rights.
Tort Law: Supreme Court Appeals and Beyond
You may want to see also
Explore related products
![K: A Common Law Approach to Contracts [Connected eBook with Study Center] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61q5aq2nJOL._AC_UL320_.jpg)
Marriage abroad and Italian jurisdiction
Italy recognises marriages performed abroad, including common-law marriages, as long as they are considered valid in the country where the marriage took place or by the law of the state of common residence at the time of the celebration.
In terms of jurisdiction, Article 32 establishes that Italian jurisdiction exists when at least one of the spouses has Italian citizenship or when the marriage was celebrated in Italy. This is supported by Article 3, which states that Italian jurisdiction exists when the divorcee is domiciled or resident in Italy or has a representative authorised to stand trial in accordance with Article 77 of the Code of Civil Procedure or other legal provisions.
To ensure that the marriage is recognised in Italy, it is advisable to register it with the Italian authorities. This can be done by requesting a "certificate of legal capacity to marry" from the Municipality of residence in Italy or, if residing abroad, from the Diplomatic-Consular Representation responsible for that place of residence. Marriage banns may also need to be requested and posted in both spouses' places of residence. If the Italian spouse resides in Italy and the foreign spouse resides abroad, the marriage banns can be requested from the diplomatic or consular Representation or the Italian Municipality of residence.
It is important to note that Italy only recognises marriages between persons of the opposite sex, and civil unions are only recognised between persons of the same sex.
Law Enforcement Academy: What's the Pay in Canada?
You may want to see also
Frequently asked questions
Couples who live together and support each other emotionally and financially in Italy are considered to be “domestic partners”. You can make such a relationship official by sending a declaration form to the Office for National Statistics in the town in which you wish to establish joint residence. This is done by way of a common-law partnership application.
Each Canadian Citizen must complete and swear the common law affidavit in Canada in front of a notary public, or at the Embassy of Canada in Rome, or in Italy at the Consulate of Canada in Milan. You will also need to submit the Common Law Nulla Osta to the competent Prefettura Legalization Office.
You will need to obtain a Dichiarazione Giurata and bring it to the Legalization Office (Ufficio Legalizzazioni) of the local Prefettura to legalize it. You will also need to purchase a €16 revenue stamp from any tobacco shop and present it to the clerk for each document to be authenticated.
Italy does not explicitly recognize common-law marriage. However, it does recognize three forms of couple's relationships: marriage between persons of the opposite sex, registered partnership between persons of the same sex, and de facto partnership between persons of the opposite or same sex.
![The Common Law [with Biographical Introduction]](https://m.media-amazon.com/images/I/61rWKl6f6HL._AC_UL320_.jpg)
