Yes, I Do - Legal

FAQ

Frequently asked questions

The questions we are asked most often, answered precisely and with reference to the formalities required in each legal system.

Are you wedding planners?+

No. Our engagement covers exclusively the administrative process of the civil marriage in Italy, Spain and England: capacity to marry, preliminary formalities, form of the documents and registration.

How far in advance should we instruct you?+

Generally four to six months before the intended date. Some formalities are subject to statutory time limits that cannot be shortened – Italian banns, the expediente matrimonial process in Spain, the waiting period following giving notice in England – and several certificates have limited validity: the order of issue must be planned, not improvised.

Do you provide legal advice?+

Our engagement is one of documentary assistance and administrative coordination. The content of the site and our operational guidance are of general informational value and do not constitute legal advice, nor do they create a professional lawyer-client relationship; every requirement should be confirmed with the relevant authority. Where a case raises contentious issues or matters of private international law, we indicate the need for advice from a qualified professional.

Do you assist citizens of any nationality?+

Yes. The applicable procedure depends on the citizenship and residence of each party and on the place of the ceremony; the applicable law and the competent authority are determined on those elements. It is sufficient to write to us with these details to receive an initial assessment of the case.

What is AIRE?+

AIRE stands for Anagrafe degli Italiani Residenti all'Estero – the Registry of Italians Resident Abroad. It is the register of Italian citizens who live permanently outside Italy. AIRE registration often determines which consulate or Italian comune has jurisdiction over marriage banns and subsequent formalities, particularly for those marrying abroad or returning to Italy for the ceremony.

And Spanish citizens living abroad?+

Spanish citizens resident abroad are registered in the Registro de Matrícula Consular (Registry of Spaniards Resident Abroad), managed by the competent Spanish consulate for their country of residence. Here too, consular registration may affect which authority handles the expediente matrimonial and the documentation to be produced.

Is a marriage celebrated in Italy or Spain recognised in England?+

Yes, in general terms a marriage validly celebrated in Italy or Spain is recognised in England, provided the requirements of the law of the country where it was celebrated are met and the conditions applicable under English law are satisfied. How the marriage certificate is to be used may vary depending on personal circumstances and the body to which it must be presented.

What is an apostille for and who issues it?+

The Hague Apostille certifies the authenticity of the signature, the capacity of the signatory and, where applicable, the identity of the seal or stamp affixed to a public document, enabling its use in another State party to the Hague Convention without further legalisation. In the United Kingdom it is issued by the Legalisation Office of the Foreign, Commonwealth & Development Office (FCDO); in Italy, depending on the nature of the document, by the competent Prefettura or Procura della Repubblica; in Spain, by the competent authorities according to the type of document, including the Ministerio de Justicia, the Tribunales Superiores de Justicia and the Colegios Notariales. We coordinate Apostilles for all documents exchanged between the three legal systems.

What is the nulla osta and when is it needed?+

The nulla osta (certificate of no impediment) is the document by which the authority of the country of origin of one of the parties states that there are no impediments to the marriage. It is needed when one of the future spouses is a foreign citizen or resident abroad and is marrying in Italy or Spain. Which document is required, who issues it and whether it must be apostilled or translated depends on citizenship and country of residence; we check this on a case-by-case basis.

How do marriage banns work?+

In Italy, marriage banns are the preliminary formality required under Articles 93 et seq. of the Civil Code: the civil status officer of the comune where the ceremony is to take place displays notice of the forthcoming marriage for a set period, allowing anyone with an interest to object. For Italian citizens registered with AIRE, jurisdiction may lie with the comune of registration or the consulate. We confirm the specific arrangements – time limits, place, supporting documents – with the relevant authority before starting the process.

What is transcription of the marriage and why does it matter?+

Transcription is the registration of a marriage certificate celebrated abroad in the Italian civil status registers. It is necessary to produce effects in Italy: updating civil status, registering documents, and proceeding with subsequent matters. For AIRE registrants, transcription generally takes place via the relevant consulate. Timescales and required documents vary by comune or consulate; we follow the process through to confirmation.

Do I also need to hold a civil marriage in the United Kingdom before marrying in Italy?+

No. You do not need to hold a civil marriage in the United Kingdom first. If the marriage is celebrated validly under Italian law and all the required documents have been prepared, a marriage celebrated in Italy can also be recognised in the United Kingdom. For a British citizen, however, the procedure for marrying in Italy normally requires a Certificate of No Impediment (CNI), also known as a Nulla Osta, in addition to any further documents that may be required. The CNI is issued by the competent British authorities and, to be used in Italy, must be apostilled in accordance with the prescribed procedures. The exact procedure depends on your personal situation and the residence of both future spouses: we verify the requirements and coordinate the necessary documentation.

What is the difference between an apostille and consular legalisation?+

An apostille is the affixing of a stamp provided for under the 1961 Hague Convention, which makes a public document usable in another signatory country without further steps. Consular legalisation, on the other hand, applies where one of the two States is not party to the Convention or where the document does not fall within the cases eligible for an apostille. We assess for each document which formality is required and coordinate its completion.

Would you like to know which procedure applies to your case?

Tell us the nationality, place of residence and intended place of marriage of each party, and we will reply with a written assessment and the list of documents required.

Request an assessment

The information on this page is provided for general guidance only. It does not constitute legal advice and does not create a professional relationship. Every requirement must be confirmed with the authority handling the file in the individual case.