certificate of no empediment to marry
Certificate of No Impediment to Marry
WHAT IS CERTIFICATE OF NO IMPEDIMENT TO MARRY?
The Certificate of no impediment to marry is a document issued by the Italian or foreign consular authorities so that Italian or foreign citizens can marry outside Italy or their own country according to the rules and regulations of the country where they want to get married.
This certificate of no impediment to marry is issued by the foreign consular authorities when the regulations of the country, for example Spain, in which the marriage is to be contracted require such a document.
A certificate of no impediment to marry is not always necessary. In South America for example, a certificate of single status is sufficient for marriage.
what is the difference between the certificate of single status and the certificate of impediment to marry?
A certificate of Single status simply attests that the person's civil status is single, married, widowed or divorced, and in some countries, de facto couples
Its regulation is made by the legislation of each country that issues the certification, and in some countries it can exclusively confer competences to the officials in charge of the Civil Registry or of the communes, for example in Italy, for its issuance, and in other countries it is also allowed to be proved by means of a declaration before a notary, as is the case in Spain.
The certificate of civil status issued by local registries is a certificate of civil status, but not a certificate of impediment to marry. A certificate of civil status can be required for any procedure, not necessarily for marriage.
A certificate of no impediment to to marry can only be obtained after a matrimonial file has been completed, in which it must be sufficiently proven that there are no impediments to marriage.
What kind of impediments may exist to the issuing of a certificate of impediment to marry?
- The impediment of ligament is the only impediment to marriage provided for by law; there are others, such as, for example,
- the age impediment (each country sets in its laws the minimum age for marriage),
- that of kinship (marriage is not possible between ascendants and descendants and between relatives by blood in the collateral line within the second degree, this is a common rule everywhere; some countries, however, maintain the need for prior dispensation in the case of third and fourth degree kinship in the collateral line),
- impediment of a crime (the surviving spouse cannot marry the perpetrator of the crime of his/her former spouse, although some countries provide for the possibility of waiving this impediment),
- the impediment of absolute lack of judgement and will (that the person is completely deprived of his or her capacity to understand and will and therefore cannot consent to the marriage).
The certificate of no impediment to marry is issued only for the purpose of marriage.
Italian law provides for its issuance to persons of Italian nationality only when the marriage is to take place outside Italy and the law of the State where the marriage is to be celebrated requires the presentation of a certificate of impediment to marry.
If you are Italian and you are going to formalise the partnership in Spain, it is not necessary to apply for the certificate of impediment to marry at the Italian consulate, this would only be necessary if you were going to get married.
For a de facto union, the certificate of civil status is sufficient, which in Italy, when the person is single, is called certificato di stato libero and is issued by the Civil Registry, which is in charge of the Communes.
This certificate does not require legalisation, but does require translation into Spanish by a sworn translator.
Alternatively, if you are resident outside Italy, you must apply for a certificate of single status, which must be issued by the competent Italian consulate.
This certificate does not need to be translated and legalised because it is drafted in the local language.
NO IMPEDIMENT TO MARRY DOSSIER
In order to obtain the aforementioned certificate of impediment to marry, it is necessary to first initiate a governmental procedure at the civil registry of our domicile.
It is a time-consuming process and can sometimes take months, depending on the workload of the registry office in question.
documents to apply for the certificate of no impediment to marry
In this type of procedure, in order to obtain this certificate and get married outside Italy, it is necessary to provide documentation from both the foreign citizen and the Spanish citizen.
It should also be noted that if one of the parties is not from a Spanish-speaking country, their certificates must be translated into Spanish by a sworn translator and apostilled if their country is not a signatory to conventions with the country where the marriage is to take place.
Each Civil Registry may ask for different documentation, so we advise you to seek legal advice from Trámite Italia to check all the necessary documentation.
How long does it take for the Italian consulate to issue the certificate of impediment to marry?
We cannot give a concrete and exact deadline, as it all depends on the status of your AIRE registration at the consulate.
AIRE registration is an essential prerequisite for applying for a certificate of impediment to marry.
The certificate is issued in about 2 months by the consulate and is sent to the address of registration.
It is essential that the Italian consulate has the correct address of residence in order to receive the certificate of impediment to marry.
Our office will update the change of address if necessary in order to receive the certificate of impediment to marry correctly from the consulate.
When does the certificate of no impediment to marry expire?
The certificate of no impediment to marry is valid from the date of issue for 6 months.
Tramite Italia always advises to start the procedure in advance by considering all the necessary documentation in order to be able to get married and obtain the certificate.