APPLICATION FOR THE ESTABLISHMENT OF A CIVIL UNION
Following the adoption of Law No. 76 of 20 May 2016 and Ministerial Decree No. 144 of 23 July 2016, it is possible to enter into civil unions between persons of the same sex at consular offices abroad, which will subsequently forward the relevant records to the competent Italian municipality.
An application for the establishment of a civil union may be submitted by two adults of the same sex, provided that at least one of them is an Italian citizen.
Civil unions abroad are established through the competent Consular Office based on the residence of one of the parties (Article 8, paragraph 1 of Prime Ministerial Decree No. 144/2016). Applications for the establishment of a civil union may therefore be submitted exclusively to the Consular Office within whose jurisdiction one of the parties resides.
The application must be submitted jointly by both applicants. Each party must declare: a) their first name and last name, date and place of birth, citizenship, and place of residence (applicants are required to bring a valid ID); b) that none of the impediments to the establishment of the union, as provided for by Article 1, paragraph 4 of Law No. 76 of 20 May 2016, apply.
Following submission of the application, an appointment will be scheduled in order for the parties — after completion of the checks required by law to verify the accuracy of the information provided — to jointly make the formal declaration establishing the union before the Civil Status Registrar and in the presence of two witnesses. At the time of the declaration, the parties may also choose the separation of asset as their property regime of s (Article 1, paragraph 13 of Law No. 76/2016).
To submit an application, please contact: canton.consolare@esteri.it in order to arrange an appointment at the Consular Office.
Application form for the establishment of a civil union
To dissolve a civil union previously , the request must be addressed directly to the Italian Municipality where the the union was registered (Article 6 of Prime Ministerial Decree No. 144/2016). Consular Offices are not authorised to receive dissolution requests for civil unions.
USEFUL INFORMATION ON DE FACTO MARRIAGES
Law No. 76/2016, Articles 36 to 65, regulates de facto marriages between same-sex and opposite-sex couples with the aim of establishing and regulating a factual relationship giving rise to specific rights and obligations between the parties involved.
The declaration for the establishment of a de facto marriage arrangement at this Consulate General may be made by two adult citizens who are in a stable relationship guaranteeing material, emotional and mutual support; resident at the same overseas address within the consular jurisdiction of the Consulate General of Italy in Guangzhou; and registered at the same Italian AIRE municipality.
Please note: following transmission of the declaration of “de facto marriage”, the Italian municipality may issue a certificate confirming the establishment of a shared household registration.
At the Consular Office, Italian citizens residing abroad who meet the required conditions may enter into the “de facto marriage agreement” provided for under paragraph 50 of Law No. 76/2016, or request certification of the signatures on the agreement.
The de facto marriage agreement concerns exclusively financial and property matters and is governed by Italian law only if both parties are Italian citizens or reside in Italy. Where the parties have different nationalities and reside abroad, the applicable law shall be that of the country of residence.
Useful legal references
- Law No. 76 of 20 May 2016;
- Prime Ministerial Decree No. 144 of 23 July 2016;
- Decree of the Minister of the Interior of 28 July 2016.