Getting married in Italy as a foreign national: documents, Nulla Osta and translations
Nulla osta, certificate of capacity to marry and other records: each nationality has its own path. Apostille and translation for the Comune.
October 12, 2026 · 5 min
To marry before an Italian civil-status officer, the documents required depend on each spouse’s national law and on the Comune’s instructions. The Italian Ministry of Justice recalls that capacity and the other conditions are governed by each spouse’s national law (art. 27, Law 218/1995) and that art. 116 of the Civil Code requires a nulla osta from the competent authority of that person’s country: a statement that, under that law, there are no impediments to that marriage.
The Comune has to apply that national law and, at the same time, Italian rules on legalisation and translation. That is why two spouses of different nationality can be asked for different documents, even when they marry at the same office. Which form the office accepts (nulla osta, certificate of capacity to marry, CNI or another record) is confirmed by the Comune that celebrates the marriage, not by a generic list.
A nulla osta is not an Italian permit to marry. It is a statement by the authority of the country of citizenship that, under that law, there are no impediments to that marriage. The civil-status officer needs it to check the foreign spouse’s capacity.
Each nationality has its own record
Not every nationality uses the same document. The United Kingdom, Spain, the United States, Argentina or a non-EU country may have different issuers and formalities. This is a documentary guide, not a closed list.
Nulla osta and certificate of capacity to marry
MAECI draws a distinction: as a rule, a nulla osta from the authority of the country of citizenship; alternatively, for nationals of countries party to the Munich Convention of 5 September 1980, a certificate of capacity to marry. That certificate appears when the Convention applies to that nationality: it can then take the place of a nulla osta and, in the territory of each contracting State, is exempt from legalisation or an equivalent formality. The States MAECI lists as signatories or parties that have ratified (Austria, Germany, Greece, Luxembourg, Moldova, the Netherlands, Portugal, Spain, Switzerland, Turkey; Belgium has signed but, on MAECI’s list, without a ratification that brings the Convention into force) should be rechecked against the official text: the list does not include, for example, the United Kingdom.
For British nationals the analogous document is often the Certificate of No Impediment (CNI), with an Apostille and a translation if the Comune asks for them.
| Document | Who issues it (in brief) | Formalities often required in Italy |
|---|---|---|
| Nulla osta | Authority of the country of citizenship (often the consulate in Italy; sometimes an authority at home) | If issued at home: legalisation/Apostille + translation, where required |
| Certificate of capacity to marry (Munich 1980) | Municipality of residence in the country of origin or, if you live in Italy, the diplomatic-consular authority | Exempt from legalisation/translation within the Convention’s scope |
| British CNI | GOV.UK / British embassy route | See the dedicated guide |
Other records the Comune may ask for
- birth certificate;
- proof of civil status;
- divorce judgment or death record of a previous spouse, if applicable;
- passport and, if required, residence permit;
- banns, if there is residence or domicile in Italy.
A foreign divorce may have to be recognised or transcribed: foreign divorce judgment.
The record, legalisation and translation
These are three separate steps. The record (nulla osta, certificate of capacity, birth, divorce) is issued by the competent authority. An Apostille or legalisation, when required, certifies the signature and the capacity of the signatory: it does not translate the contents. An Italian translation comes later, if the Comune asks for it. An international agreement may change one of these steps — for example by exempting legalisation — without changing the others.
If the nulla osta (or the birth record, or the divorce) was issued abroad, the Comune usually asks for legalisation or an Apostille — unless a convention or EU Regulation 2016/1191 applies — and a translation into Italian. In Italy, a sworn translation.
If the marriage has already been celebrated outside Italy and needs to have effect here, the topic is transcription, not the nulla osta to marry at the Comune.
Frequently asked questions
Can my country’s consulate in Italy issue the nulla osta?
Often yes, but not always. Some countries issue it only at home. Ask that authority, then the Italian Comune, which formalities remain.
Is an Apostille always required?
No. The Munich Convention, the EU Regulation and other conventions can exclude legalisation. For documents not covered by those agreements, often yes.
Why did the Comune ask me for a different document from my spouse’s?
Because each nationality has its own law on capacity to marry and, sometimes, different conventions. The Comune that celebrates the marriage confirms the final list.
