Registering Your US Marriage in Italy: A Step-by-Step Guide

For Italian citizens residing in California, a marriage celebrated in the United States must be registered in Italy to be recognized under Italian law. This registration process involves several steps and presents an important opportunity to make a choice about your marital property regime.

Why Registration Is Required

Under Italian law, marriages of Italian citizens celebrated abroad are valid in Italy only after they have been transcribed in the civil registry (registro dello stato civile) of the Italian municipality where the citizen is registered or last resided. Without this registration, the marriage may not be recognized for purposes of inheritance, property rights, or other legal matters in Italy.

The Separazione dei Beni Option

Italian law provides two default marital property regimes: comunione dei beni (community property) and separazione dei beni (separate property). Under comunione dei beni, property acquired during the marriage is jointly owned by both spouses. Under separazione dei beni, each spouse retains individual ownership of property acquired in their own name.

When registering a foreign marriage in Italy, the spouses have the opportunity to declare their choice of the separazione dei beni regime at the time of registration. This declaration is governed by Articles 162 and 166-ter of the Italian Civil Code. This is a significant decision, particularly for couples who own or plan to acquire real estate in Italy, as it determines how property will be owned and what will happen to it in the event of divorce or death.

The Registration Process

The registration of a foreign marriage in Italy typically involves:

1. 1.Obtaining a certified copy of the US marriage certificate
2. 2.Having the certificate apostilled by the California Secretary of State
3. 3.Preparing a certified Italian translation of the certificate
4. 4.Submitting the documents to the Italian consulate in your jurisdiction (Los Angeles or San Francisco for California residents) or directly to the Italian municipality

Our Role in This Process

At WestPacific Apostille & Notary, we handle the notarization and apostille of your marriage certificate, prepare the certified Italian translation, and can assist in drafting the declaration of separazione dei beni. Our bilingual expertise ensures that all documents are prepared to Italian legal standards, reducing the risk of rejection by Italian civil registries.