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How to register a Civil partnership or a Cohabitation Agreement

Law No. 76 of 20 May 2016, into force from 5 June 2016, and the Prime Minister Decree (DPCM) No. 144 of 23 July 2016 introduced into the Italian legal system the possibility exclusively for same-sex couples to register a Civil Partnership. The same law also regulates Cohabitation Agreements.
Here below are described the procedures for applying for these, for nationals residing in this consular district.


To register a Civil Partnership

NOTE: Pursuant to the above-mentioned legislation, Civil Partnership involving heterosexual couples cannot be registered as such in Italy. However, the persons concerned can request the registration of a Cohabitation Agreement (see instructions further down the page).

Registration in Italy of a Marriage or a Civil Partnership solemnized abroad between same-sex persons.

It is possible to request to the relevant Italian Municipality the registration of a Marriage or a Civil Partnership solemnized abroad between same-sex persons, through the Consular office (art. 8, paragraph 3). Therefore, an Italian citizen who entered abroad a marriage or a civil partnership with a same-sex partner according to local law, can request the registration of these even if they took place before the entry into force of Law No. 76/2016.

In this case, a Marriage or a Civil Partnership will be registered in the Italian system as “Civil Partnerships” in the relevant Register of the Civil Partnership existing in each Municipality (art. 9, paragraph 1, DPCM 144/2016). Where civil status is required on documents or certificates, the person will be referred as “on a civil partnership”, at the request of the persons concerned (art. 7, paragraph 2, DPCM 144/2016).

Therefore, to register in Italy a Marriage or a Civil Partnership between same-sex persons solemnized in the United Kingdom, please send the following documents to this Consulate General:

  1. Registration form (see Forms), signed by both concerned persons; please provide the requested information, in particular the location and date of the Civil Partnership (or Marriage) and the previous civil status.
  2. The original Civil Partnership or Marriage certificate, with “Apostille” (click HERE for information).
  3. A photocopy of the passports or valid identity cards of both concerned persons.
  4. Send all the documents above to the address:

Registry Office
CONSULATE GENERAL OF ITALY
Italy House
20-22 East London Street
Edinburgh – EH7 4BQ

Cohabitation Agreements

The new Cohabitation Agreement guarantees certain rights and powers resulting from the fact of a stable cohabitation between two people (not necessarily of the same sex), characterized, compared to mere cohabitation (which can be registered in a single household), by the existence of emotional ties between the couple.

Italian nationals residing in this consular district who wish to register their Cohabitation Agreement should send the following documents to this Consulate General:

  1. Affidavit for the registration of a Cohabitation Agreement (see Forms), signed by both concerned persons.
  2. A photocopy of the passports or valid identity cards of the concerned persons.

Registry Office
CONSULATE GENERAL OF ITALY
Italy House
20-22 East London Street
Edinburgh – EH7 4BQ

Any change to the Cohabitation Agreement should be reported to the Consulate, including its termination (use the Affidavit for the termination of Cohabitation Agreement – see Forms). Please note that even a change of address by one of the cohabitants will result in the termination of the Cohabitation Agreement.

Estate Agreements

The estate aspects of a Civil Partnership or a Cohabitation Agreement can be regulated by a specific deed, which can be endorsed before a local notary. Such deeds, as well as any changes or termination thereof, must be notified to the relevant consular office (by sending a certified copy with the Apostille and certified translation into Italian) for the registration with the relevant Italian Municipality(ies).

It is possible to endorse an Estate Agreement pursuant to Article 50 of Law No. 76/2016 at the consular office. The Estate Agreement is exclusively property-related and is governed by Italian law only if both parties are Italian citizens or reside in Italy. If the two parties are foreign nationals or reside in a foreign country, the applicable law will be that of the foreign country.

 

Note: In compliance with Italian regulations, the original certificates must be kept on file at this office and will not be returned.

Important: When the documentation listed above and submitted to this office is incomplete or incorrect, the registration process will not proceed, and the documents will be returned to the applicants.