Saying ‘I do’ in Italy

Italy: the land of Lamborghinis, espresso, romance and, yes, celebrity weddings. From George Clooney’s Venetian fairytale to Jeff Bezos’s anticipated Venetian extravaganza this summer, Italy remains a top choice for couples looking to add a touch of elegance and “la dolce vita” to their vows. But before you start imagining yourself cruising the Grand Canal in matrimonial bliss, there’s some serious Italian bureaucracy you’ll need to navigate.

Here’s are some essential legal basic for Italian Americans dreaming of the perfect Italian wedding that’s both legally valid and wonderfully Instagrammable.

What kind of wedding are we talking about?

Italy offers three primary ways to say “I do”:

• Civil marriage: The formal legal ceremony officiated by a mayor or city official, usually held in a charming, centuries-old town hall or other approved venue.
• Religious marriage (with civil effects): Particularly common for Catholic couples.

Note: saying your vows in a church doesn’t magically make it legally binding unless your priest is registered with the Italian authorities.

• Symbolic ceremony: No legal paperwork, just romance. Ideal for couples already married elsewhere or for those who dread bureaucracy.

George Clooney and Amal Alamuddin cleverly opted for a lavish symbolic ceremony at the Aman Venice followed by a quick official civil ceremony at Venice’s town hall. Smart move. George!

Prepare yourself, for a good deal of paperwork, this is Italy after all:

Passports: Make sure they’re current. Sounds obvious, but you’d be amazed.

Birth certificates: Apostilled and translated into Italian. Bring copies — one for the official, one for the inevitable “just in case” scenario.

Dichiarazione giurata: A sworn affidavit from your U.S. Consulate in Italy, assuring Italy you’re free to marry.

Atto Notorio: Another affidavit, this time sworn before two Italian witnesses who confirm you’re eligible to marry.

What about property regime and pre-nupts?

By default, marriages in Italy automatically follow Comunione dei beni (joint ownership of assets acquired after marriage). To maintain separate assets, explicitly choose Separazione dei beni at the time of marriage or through a notarized agreement.

As to prenuptial agreements, these are generally not recognized as valid in Italy if drafted under Italian law, as Italian legislation does not allow spouses to waive or alter the statutory rights and obligations arising from marriage. However, if two U.S. citizens draft a valid prenuptial agreement under the law of a U.S. state, it may be recognized in Italy — as long as it does not conflict with Italian public policy, for example, clauses that unfairly penalize or disadvantage one spouse.

To maximize recognition, draft the agreement in the U.S., following the law of at least one spouse’s state of residence, include a choice-of-law clause, and void clauses contrary to Italian fundamental legal principles.

Realistically, if both spouses live in the United States and have no assets or legal ties to Italy, then the issue of Italian recognition is likely irrelevant. Any legal matters — including divorce or asset division — would typically be handled under U.S. law by U.S. courts. Italian jurisdiction becomes relevant only if the couple resides in Italy, owns property there, or if legal proceedings arise under Italian jurisdiction (e.g., succession involving Italian assets).

If you are in Italy just for the wedding, you’d be interested to know that your Italian marriage may be valid in the U.S. provided your Italian paperwork is impeccably done. Here’s your checklist:

• Get the certified Italian marriage certificate.
• Translate it officially into English.
• Apostille it.

Registering your marriage in the U.S. depends on your state, so do your homework beforehand.

Italy legally recognizes same-sex partnerships through a separate legal institution called unione civile (civil union), introduced in 2016 under Law No. 76/2016, commonly known as the Cirinnà Law. Civil unions offer many of the same legal protections and obligations as marriage — including inheritance rights, property regimes, and alimony — but they do not include certain rights, such as joint adoption of children or automatic access to assisted reproduction technologies.

For same-sex couples considering marriage or partnership in Italy, it’s important to understand these legal distinctions and assess whether additional protections or legal arrangements may be advisable, especially for families with children or international legal ties.

Your Italian wedding should be dreamy, romantic, and maybe a bit over the top. Just remember, behind every great wedding photo taken under the Tuscan sun, there’s usually a very tired lawyer who’s made sure everything is in order.

So go ahead, dream of your own Clooney moment — but remember, even George had to fill out some forms.

Send your questions regarding Italian law to cbortolani@aliantlaw.com and I’ll be glad to answer them.

The content provided in this Q&A column is intended solely for general informational purposes and does not constitute legal advice. The information presented here is not tailored to any specific situation or transaction and should not be relied upon as a substitute for professional legal counsel. Legal issues can vary widely based on individual circumstances and jurisdictional nuances. Therefore, it is crucial to consult with a qualified legal professional regarding your specific case or concerns. Please be aware that no attorney-client relationship is established by accessing or interacting with the information provided in this column. The column’s author and publisher disclaim any liability for actions taken based on the information contained herein.