RULES FOR THE CELEBRATION OF CIVIL MARRIAGES AND THE ESTABLISHMENT OF CIVIL UNIONS
Art. 1 Subject matter and purpose of the Regulations
1. These Regulations govern the organisation of the municipal service responsible for activities related to the celebration of civil marriages and civil partnerships within the municipality, in compliance with current legislation and in accordance with the provisions of Articles 106 et seq. of Section IV of the Civil Code and Law No. 76 of 20 May 2016.
2. The celebration of marriage and the establishment of civil unions is an institutional activity guaranteed to citizens as provided for by the Civil Code and the current Civil Status Regulations - Presidential Decree No. 396 of 3 November 2000, when requested at the Town Hall and during the opening hours of the Civil Status Office.
Art. 2 General provisions
1. The declaration by the spouses of their intention to take each other as husband and wife or to enter into a civil partnership is made publicly in the Town Hall, in a room open to the public, before the Registrar.
2. Civil marriages and civil partnerships are celebrated by the Mayor, in his capacity as Registrar. The Mayor may delegate the functions of Registrar to municipal councillors, municipal councillors, municipal employees or the Secretary General by means of a specific act. The Mayor, on the basis of a duly justified request, may delegate the functions of Registrar for the celebration of marriages or civil partnerships to Italian citizens who meet the requirements for election as municipal councillors.
3. During the ceremony, the celebrant shall wear the tricolour sash across the chest.
4. The Civil Registrar is prohibited from displaying political or religious symbols in any form.
5. Appropriate attire is required for the celebrant, the spouses or those intending to enter into a civil partnership, and the witnesses.
Art. 3 Identification of the “Town Hall” and premises for the celebration of civil marriages and the establishment of civil partnerships
1. The “Town Hall”, for the purposes of Article 106 of the Civil Code for the celebration of marriages and the establishment of civil partnerships, is represented by all the buildings in which the Municipality exercises its functions.
2. In the Municipality of Grado, civil marriages and civil unions may be celebrated:
in the Council Chamber, on the ground floor of the Town Hall in Piazza Biagio Marin n.4;
in the period from 15 April to 15 October, on the terrace overlooking the sea, located on the first floor of the Town Hall;
on the terrace of the Library located in Via L. da Vinci no. 20 only if the Council Chamber and/or the terrace of the Town Hall are unavailable;
in the Office of the Mayor or the Registrar;
Art. 4 Marriage banns
1. The celebration of the marriage is preceded by the “publication of the marriage banns” at the municipality of residence of the spouses, by the registrar. The publication is posted on the municipal notice board online for 8 days, plus three days for any objections. It is valid for six months. The marriage may be celebrated from the 4th day and within 180 days of the publication.
2. Residents who wish to request the publication of their marriage in the Municipality of Grado must contact the Civil Registry Office at least 45 days before the celebration of the marriage, except in duly justified cases of emergency.
3. For the purposes of the publication of marriage of foreign citizens residing in Italy, they must submit to the competent Civil Registry Office the nulla osta (certificate of no impediment) pursuant to Article 116 of the Civil Code issued by their consular authorities or, for countries that have acceded to the Munich Convention of 5 September 1980, the certificate of no impediment to marriage. The certificate must include information on the paternity and maternity of the bride and groom, otherwise the parties concerned must also produce a multilingual birth certificate, or a translated and legalised version, indicating paternity and maternity.
4. At the appointment set for the signing of the marriage publication report, the Registrar shall provide the bride and groom with the forms for the declaration:
a) the names and personal details of the witnesses,
b) the choice of matrimonial property regime.
This documentation, complete with copies of the witnesses' identity documents, must be returned to the Civil Registry Office at least 10 days before the wedding ceremony: failure to do so will result in the cancellation of the wedding ceremony.
5. Any changes to the personal details of the spouses or witnesses must be promptly communicated to the Registrar.
6. If the marriage is to be celebrated by proxy from another municipality, the spouses must submit a prior request for availability to celebrate the marriage, indicating the date and time chosen, to the Civil Registry Office at least 30 days in advance using the forms in Annex C). The celebration may take place in accordance with the restrictions set out in these regulations.
7. For marriages celebrated by proxy from another municipality, the parties concerned must submit the documentation referred to in paragraph 4 of this article at least 10 days before the date of the ceremony: the forms will be sent by the Civil Registry Office upon receipt of the proxy document for the celebration of the marriage.
Art. 5 Establishment of a civil partnership
1. The application for the establishment of a civil partnership shall be submitted to the Civil Registry Office of the municipality chosen by the parties. Those requesting the establishment of a civil partnership must declare the first name and surname, date and place of birth, nationality and place of residence of the parties to the civil partnership, as well as the absence of any impediments to the establishment of the partnership referred to in Article 1, paragraph 4, of Law No. 76 of 20 May 2016. The Civil Registry Officer draws up a report and signs it together with the applicants.
2. Foreign citizens must submit a certificate of no impediment pursuant to Article 116 of the Civil Code, as indicated in Article 4, paragraph 3, of this regulation.
3. Citizens who intend to apply for a civil partnership in the Municipality of Grado must contact the Civil Registry Office at least 45 days before the celebration of the marriage, except in duly justified cases of emergency.
4. The Registrar shall verify the accuracy of the declaration referred to in paragraph 1, including by obtaining any documents deemed necessary to prove that there are no impediments to the civil partnership. The checks must be carried out within thirty days of the drawing up of the report. The parties may appear before the Registrar to enter into a civil partnership 30 days after the request referred to in paragraph 1: the date of the civil partnership may be brought forward if the Registrar has notified the parties that he has completed the relevant checks with a positive outcome before the 30 days have elapsed;
5. Upon the request referred to in paragraph 1, the Registrar shall provide the parties with the forms for the declaration:
a) the names and personal details of the witnesses,
b) the choice of property regime,
this documentation, complete with copies of the witnesses' identity documents, must be returned to the Civil Registry Office at least 10 days before the establishment of the union: failure to do so will result in the cancellation of the appointment for the establishment of the civil union.
6. Any changes to the personal details of the parties or witnesses must be promptly communicated to the Registrar;
Art. 6 Request for the celebration by foreign citizens not resident in Italy
1. The request for the celebration of a marriage or civil partnership by foreign citizens not resident in Italy must be submitted to the competent Civil Registry Office at least 30 days before the desired date, accompanied by copies of the identity documents of the future spouses and the certificate of no impediment to marriage pursuant to Article 116 of the Civil Code issued by their consular authorities or, for countries that have acceded to the Munich Convention of 5 September 1980, the certificate of no impediment to marriage. The certificate must include the details of the parents of the bride and groom, otherwise the parties concerned must also produce a multilingual birth certificate, or a translated and legalised version, indicating the names of the parents.
2. The celebration of the marriage or civil partnership is subject to the positive outcome of the examination of the above documentation and in accordance with the provisions of these Regulations.
3. The bride and groom must personally produce the original documents at the Civil Registry Office on the date of the appointment to sign the certificate of no impediment to the celebration, which shall be set at least three working days before the date scheduled for the marriage.
4. Within the same period, the parties concerned must produce:
a) Photocopies of the identity documents of the two witnesses and, if necessary, of the interpreter;
b) Indication of the property regime chosen on a specific form provided by the office;
Art. 7 The celebration of civil marriage and civil union
1. Civil marriage and civil union are celebrated in a place open to the public, in the presence of two adult witnesses, who must have valid identity documents.
2. On the agreed day of the ceremony, the registrar, in the presence of two witnesses, who may be relatives, reads Articles 143, 144 and 147 of the Civil Code to the spouses, receives from each of the parties a declaration of their intention to become husband and wife and consequently declares that they are united in marriage. The marriage certificate must be signed in duplicate immediately after the ceremony.
3. In the case of a civil union, pursuant to Law No. 76 of 20 May 2016, Article 1, paragraphs 2 and 3, 'Two persons of the same sex who are of legal age shall form a civil union by means of a declaration before the registrar and in the presence of two witnesses. The registrar shall record civil union documents between persons of the same sex in the civil registry'.
Art. 8 Marriage or civil union with the assistance of an interpreter
1. If, at the time of the request for the publication of the marriage or the request for the establishment of a civil union, the registrar finds that the parties or witnesses do not understand the Italian language, he shall invite them to use an interpreter as provided for in Articles 13 and 66 of Presidential Decree 396/2000, which they must find and pay for themselves.
2. In the cases referred to in the previous paragraph, the presence of an interpreter is also mandatory during the ceremony. The interested parties must provide the Civil Registry Office with a copy of the translator's identity document and telephone number at least one week before the ceremony. The translator must present themselves at the Civil Registry Office in order to fulfil their legal obligations, such as drawing up and signing the appropriate oath.
3. The registrar shall mention in the marriage certificate or civil partnership registration the means used to receive the declaration of intent.
Art. 9 Civil marriages and civil partnerships celebrated outside the Town Hall
1. The celebration of civil marriages outside the Town Hall is permitted only
in the cases provided for in Articles 101 and 110 of the Civil Code;
2. In the event of imminent danger to life, as certified by a medical certificate, the registrar shall go to the place where the bride or groom is staying, where, in the presence of four witnesses and assisted by the municipal secretary, he shall receive the oath of the spouses regarding the absence of impediments to the marriage and, immediately afterwards, proceed with the celebration of the marriage.
3. If one of the parties is unable to go to the town hall due to physical illness or other justified impediment, the Registrar, having fulfilled the obligations of publication of the marriage, shall go with the Town Clerk and four witnesses to the home of the impeded party to celebrate the marriage. The impediment must be duly documented and communicated to the Civil Registry Office in time for the organisation of the marriage ceremony. No other reasons or procedures are provided for celebrating marriages outside the Town Hall.
4. Civil unions may be contracted outside the Town Hall in only two cases:
a) In the event of imminent danger to the life of one or both of the parties, certified by a doctor. In this case, the Registrar shall go to the place where the party is hospitalised, where, in the presence of two witnesses and assisted by the Municipal Secretary, he shall receive the oath of the parties regarding the absence of impediments to the civil union and, immediately afterwards, proceed with the establishment.
b) If one of the parties (or both) is physically unable to go to the Town Hall due to illness or other serious reasons: the impossibility must be certified by a doctor or a public official. The procedures for establishing the union are those indicated in letter a), without prejudice to the obligation of the parties to request the establishment of the union referred to in Article 5, paragraph 1, of these Regulations.
Art. 10 Civil marriages of residents to be celebrated in another municipality
1. Residents of the Municipality of Grado who wish to get married in another municipality must personally contact the Registrar of the chosen municipality to check the availability of the premises and agree on the details of the ceremony. When requesting the publication of the marriage, to be carried out in this municipality in accordance with the procedures set out in Article 4 of these Regulations, they must indicate the chosen location and the reason for their choice for the purposes of issuing the proxy provided for in Article 109 of the Civil Code and Article 67 of Presidential Decree No. 396/2000.
2. At the end of the marriage publication procedure, the Registrar of the Municipality of Grado will issue the proxy for the celebration of the marriage referred to in the previous point by certified email (PEC) to the municipality indicated by the bride and groom.
Art. 11 Booking of the hall/terrace for the wedding ceremony
1. The Civil Registry Office shall set the date of weddings and civil partnerships no more than 9 months in advance of the date requested by the interested parties and subject to the availability of the premises designated for this purpose.
2. Those who intend to celebrate a civil marriage or enter into a civil partnership at the premises identified in paragraph 2 of Article 3 must submit a specific application form drawn up by the Civil Registry Office at least 30 days before the date of the marriage, except in cases of exceptional urgency. The office shall confirm the celebration after checking the documents and the regularity of the publications, as provided for in Article 50 of Presidential Decree 396 of 03/11/2000. If these are not carried out within the terms and in the manner established by law, the wedding or civil partnership cannot be booked.
Art. 12 Days and times of celebration/constitution
1. Marriages and civil unions are celebrated on the days and at the times indicated
in Annex “A” to these regulations;
2. Celebrations are not held on the following days:
1 and 6 January;
the Saturday before Easter;
Easter Sunday and the following day (Easter Monday);
25 April;
1 May;
2 June;
the first Saturday in July;
12 July, feast of the patron saint;
14 and 15 August;
1 November;
the afternoon of 24 December.
8, 25 and 26 December;
the afternoon of 31 December.
3. Only one wedding/civil partnership may be celebrated per time slot;
4. Civil weddings and civil partnerships are subject to the availability of the venues (Council Chamber or terraces), in accordance with institutional requirements.
Art. 13 Cost of the service
1. For the celebration of civil marriages and civil partnerships, a reimbursement of expenses is due, which will be updated annually by the Municipal Council, taking into account the cost of the personnel required to perform the service, the services offered and management expenses such as heating, cleaning, etc.
2. The reimbursement is due based on the registered residence of the applicants and varies according to the place and time of the ceremony.
3. The fees due for the celebration of civil marriages/civil partnerships are specified in Annex B), which forms an integral part of these Regulations.
4. Payment must be made no later than 10 days prior to the date of the marriage/civil partnership using the Pago PA payment slip generated by the municipal office and made out to one of the two spouses/parties to the civil partnership, as indicated at the time of booking.
5. If the requested service is not provided for reasons attributable to the Municipality, the total amount paid will be refunded.
6. In case of bad weather, the wedding planned on the terrace will be celebrated in the Council Chamber with a refund of one third of the amount paid. If the terrace has already been set up, no refund will be made.
7. No refund will be made if the failure to provide the requested services is attributable to the requesting parties, except in the case of serious and justified reasons, or when the parties have submitted a formal cancellation at least 10 days before the date scheduled for the celebration.
Art. 14 Organisation of the service and provisions for staff
1. The municipal office responsible for organising the celebration of marriages/civil partnerships is the Civil Registry Office. The Civil Registry Office shall, in coordination with the other municipal offices, take the necessary measures to ensure that the requested services are provided regularly, communicating the dates of the bookings for both the Council Chamber and the terrace on a case-by-case basis. For marriages or civil partnerships taking place in the afternoon, the presence of a designated municipal employee shall be required in order to supervise the Town Hall.
2. Staff called upon to work outside office hours shall be entitled to overtime pay, if contractually due, and the relevant number of hours may be authorised even if it exceeds the limits set by the Authority, recognising that the activity is carried out at the request of an institutional body of the Authority.
Art. 15 Preparation of the hall and/or spaces used
1. The rooms and/or spaces intended for the celebration of marriages and civil unions may be visited by the applicants by appointment.
2. The Municipality of Grado shall take care of the ceremony venue and ensure its availability for the time necessary for the ceremony.
3. The bride and groom and those intending to enter into a civil partnership must respect the agreed timetable and, for this reason, must be at the Town Hall at least 10 minutes before the start of the ceremony.
4. Applicants may, at their own expense, decorate the hall or spaces provided with additional furnishings and decorations, which must be promptly and completely removed at the end of the ceremony, again at the applicants' expense. Accessories deemed inappropriate or unsuitable may be removed by security personnel at the request of the celebrant. The Municipality shall not be held liable for the safekeeping of temporary furnishings and decorations provided by the applicants.
5. It is not permitted to remove or move any equipment and/or furnishings from the rooms and/or spaces used: booking the room implies acceptance of the “as seen and approved” clause.
6. The rooms and/or spaces used must therefore be returned in the same condition in which they were granted for the celebration.
7. In the event of damage to the rooms, spaces and/or facilities granted for the celebration, the amount of such damage, unless the person directly responsible is identified, will be charged to the applicant.
8. Refreshments, catering services, etc. are not permitted on the terrace or in the Council Chamber.
9. For the occupation of public spaces and areas adjacent to the Town Hall used for the purpose of setting up banquets/refreshments connected with the ceremony involving the serving of food and drink, please refer to the rules and regulations governing the occupation of public land.
10. It is forbidden to throw rice, confetti, flower petals or other good luck symbols that may cause damage or dirt in the hall, in the spaces inside the building where the celebration takes place and in its vicinity. In the event of violations of this provision, those concerned will be required to pay the sum of €150.00 as a contribution towards additional cleaning costs, without prejudice to the penalties provided for in the event of violation of the law and regulations; the municipal office will issue the relevant Pago PA payment slip to be paid by the person already indicated in the booking document.
11. The use of personal musical instruments or stereo systems to play background music during the ceremony is permitted. The choice of songs and instruments must be appropriate to the venue of the ceremony, so as not to disturb the regular celebration of the ceremony and the activities of other offices. All related financial and organisational costs, including the payment of SIAE (Italian Society of Authors and Publishers) fees, if and when due, shall be borne entirely by the bride and groom or those entering into a civil partnership.
12. During the ceremony, the bride and groom, or a person authorised by them, may read a short piece of writing/poem/speech of good wishes lasting no more than 5 minutes, the content of which must be appropriate to the ceremony and must not refer in any way to political and/or religious matters.
13. The bride and groom/civil partners shall indicate any personalised touches they wish to add to the hall/terrace and to the wedding/civil partnership ceremony by completing the table in Annex D of these regulations.
14. Given that the Town Hall is located within a restricted traffic zone, applicants must contact the local police in good time to obtain any necessary authorisation to access the area by car.
Art. 16 Cases not covered by these Regulations For anything not expressly provided for in these Regulations, the following shall apply:
- the Civil Code;
- Presidential Decree No. 396 of 3 November 2000;
- Law No. 76/2016;
- Legislative Decree No. 267 of 18 August 2000;
- the Municipal Statute
FEES FOR THE CELEBRATION OF CIVIL MARRIAGES AND FOR THE CONSTITUTION OF CIVIL UNIONS BETWEEN ENGAGED COUPLES AND APPLICANTS FOR CIVIL UNION
