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British Law on Marriages

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BRITISH LAW ON MARRIAGE


1. The guidance below applies only to couples neither of whom has limited capacity, under the laws of their respective domiciles, to take a second spouse during the subsistence of a previous marriage.

2. Marriages cannot be celebrated at British Consulates in Italy.  Enquiries about religious marriages should be made direct to the minister of religion of the particular sect concerned.

3. Before the marriage of a British national may be celebrated in Italy, the authorities normally require a Certificate of No Impediment (Nulla Osta) to be produced. This Certificate may be obtained in the following ways:-

(a) Where both parties to the marriage are British nationals: By residence in the consular district for 21 clear days immediately preceding the giving of  notice of marriage and the posting of this notice of marriage in the Consulate for a further 21 clear days.  If no impediment is shown to exist at the end of this period, the Consulate will issue a certificate to each party.

(b) Where  both parties are British nationals but only  one  can fulfil the residence qualification above: The other party must post notice of marriage where he is resident.   Abroad this will be the British consular office covering the district where the applicant is residing.   (In Commonwealth countries, however, notice cannot be accepted by a Consular officer at a British High Commission.  Applicants should approach the relevant local authorities.) In the UK it will be the Superintending Registrar in the district of residence.   The Consular officer in whose district the marriage is to take place will issue the Certificates of No Impediment required by the local authorities.

(c) Where both  parties are British  nationals and  both are resident in the UK: where both parties are resident in the UK (except Scotland), they may only give notice to a UK Superintending Registrar for marriage in Italy in exceptional circumstances.  Consular Division of the FCO (address on page 2), will advise.

(d) Where a British national is marrying a non-British and resides in Italy: as in para 3(a).

(e) Where a British national is marrying a non-British national, and resides in the UK (except Scotland): as in para 3(b) (but see also para (f)).

(f) Where a British national is marrying an Irish citizen and resides in the UK: the British national must first contact Consular Division of the FCO for guidance (see para 9).

(g) Where a British national is resident in Scotland: in Scotland Certificates of No Impediment are issued by District Registrars under the provisions of Section 7 of the Marriage (Scotland) Act 1977.  No qualifying period of residence is specified before notice is given to the Registrar of the district in which the applicant resides.  A minimum of fourteen days must elapse before the Registrar issues a Certificate of No Impediment.

4. Nationals of Commonwealth countries should apply to their own representatives for information. If they are not represented in Italy, they should seek help from a British Consular office.

5. British nationals requiring Consular Certificates of No Impediment should produce the following documents:

(a)  a long form birth certificate (showing names of parents)
(b)  passport
(c) if resident in UK : a certificate of no impediment issued by a UK registrar.
(d) in cases where the name on the birth certificate differs from the one on the passport, previous marriage certificate together with decree absolute of divorce, or deed-poll showing change of name (the originals which will be returned to you).
(e) please note that according to Italian law a divorced woman cannot remarry unless 300 days have passed from the date of the decree absolute.

N.B. DOCUMENTS MUST BE ACCOMPANIED BY A COVER LETTER STATING DATE OF WEDDING, NAME OF WEDDING CO-ORDINATOR/AGENCY, AN ADDRESS WHERE CERTIFICATES SHOULD BE SENT AND CONTACT DETAILS FOR THE COUPLE IN THE UK.

6. The Italian authorities normally require additional notice (following production of the Consular Certificate of No Impediment) to include two Sundays. They may, however, be prepared to shorten this time if neither party is an Italian citizen.

7. Where only one party to the marriage is a British national, the other would be required, if non Italian, to produce to the Italian authorities a Certificate of No Impediment from his or her own consular authorities or, if Italian, to observe the formalities required by Italian law for the marriage of two Italian citizens.   In this case information should be obtained from the Town Hall where the marriage is to take place.

8. The following fees, payable in Euro, are  chargeable in Italy under the Consular Fees Order 1996:
Receiving a Notice of Intended Marriage 64.00 Euros
Issuing a Consular Certificate of No Impediment 64.00 Euros
Postage charges 9.00 Euros

(certain charges are also made by the Italian authorities performing the marriage)

9. The address of Consular Division is Old Admiralty Building, White Hall, London SW1 A2LG. The telephone enquiry point for Births, Marriages, Deaths, Passports and Nationality matters is  :  0044-207 008 0186 (from 09.30 to 12.30).