With the law n.76 / 2016 the institution of the Civil Union between persons of the same sex was introduced into the Italian civil status system and, after the transitional phase governed by the DPCM published in the Official Gazette n. 175 of 28 July 2016, were published in the Official Gazette no. 22 of 27 January 2017, in force since 11.2.2017, the implementing decrees no. 5, 6 and 7.
Subsequently, the Circular of the Ministry of the Interior n. 3/2017 concerning the Decree of the Ministry of the Interior issued pursuant to art. 4 of Legislative Decree 19.1.2017, n. 5 (Adaptation of the provisions of the civil status system regarding registrations, transcriptions and annotations, as well as amendments and regulatory additions for the regulation of civil unions, pursuant to article 1, paragraph 28, letters a) and c), of law 20 May 2016, n. 76) contains the Formulas and the definitive register for the Constitution of Civil Unions. The Legislative Decree no. 7 of 19.1.2017 instead contains the amendments and reorganization of the rules of private international law for the regulation of civil unions, pursuant to article 1, paragraph 28, letter b), of the law of 20 May 2016, n. 76.
Who can ask for the constitution of the civil union
People of the same sex of age, both Italian and foreign, who are capable of acting, can request a civil union. There is no residence requirement in the Municipality of Bra.
Foreigners must attach to the request a Nulla Osta to the constitution of the Civil Union issued by the diplomatic / consular authority in Italy of the foreign state of citizenship.
Where the production of the nullity is precluded by reason of non-recognition, the law of the State of which the alien is a national, of civil union between persons of the same sex or analogue establishment, is replaced by a certificate or any other act capable of attesting the freedom of State, or of a substitute declaration under the decree of the President of the Republic 28 December 2000, no. 445. It remains unaccounted for ascertained or acquired by an Italian judge or recognized in Italy.
Civic State of Bra: Via Barbacana n. 6
The request for a first appointment is on plain paper and must be submitted jointly by the interested parties through:
- Paper delivery to the Civil Status located in Via Barbacana n. 6, open: Mondays, Tuesdays, Wednesdays and Fridays from 8,45 to 12,45 and on Thursdays from 8,45 to 16 all day - Telephone number: 0172 438244
- Telematic sending via e.mail: firstname.lastname@example.org with scanning of recognition documents as well
- Telematics via PEC: email@example.com of the digital signature or qualified signature of both applicants
- Fax to the following number: 0172 438269 of the signed declaration and copy of the identity documents
The procedure takes place in two successive phases.
In the first, who intends to establish a civil union, with a specific application form, must ask for an appointment with the Civil Status of the Municipality of Bra so that, on the day that will be agreed in that place, the parties can jointly appear before the registrar to request the constitution of the union and declare under one's own responsibility to be in possession of all the requisites provided for by law. It is possible to be represented by a special attorney pursuant to Article 12 c.7 of Presidential Decree 396/2000 (resulting from a private agreement when it is not expressly provided that it must result from a public deed)
The register is made up of two parts: in the first part the civil status officer records the deeds of incorporation that took place before him; in the second part, made up of blank sheets, the cases provided for by art. 134 bis, paragraph 2 of the legislative decree n. 5 of 19.1.2017
The registrar will draw up a report and invite the parties to appear again before him, not earlier than 30 days, for the actual constitution of the civil union.
The registrar has thirty days to carry out all the necessary checks at the municipalities of birth and residence, and if an Italian citizen residing abroad, also at the competent consular office, to ascertain that there are no impediments to the establishment of the Union. After thirty days, the parties may present themselves to join civilly and if it is possible to proceed on an earlier date, the civil status officer will obligatorily notify the parties.
The registrar also communicates the existence of an impediment and the absence of the conditions and does not proceed with the establishment of the civil union.
When an impediment for which authorization has been granted is impeded, one of the parties must submit a copy of the relative provision.
When there is a need or convenience to establish a civil union in a municipality other than the one in which the request was submitted, the SCC, once the checks are completed, at the instance of the parties, delegation in writing to the Registrar of the Municipality indicated by them, expressing in the request the reason of necessity or convenience
Declared 180 days from the end of the minutes or from the date of compulsory communication the requests and verifications expire and are considered as not being.
In the second phase the parties, in a room open to the public, in the presence of two witnesses, will jointly declare that they want to establish the civil union to the registrar, who will have to wear the tricolor sash and who will draw up a second act and have it signed by all the interveners (united civilly, witnesses, proceeding officer).
The mayor, deputy mayor in his absence, the deputy councilor and anyone who has the requisites for election to municipal councilor are competent to receive the deed.
The registrar cannot receive the documents in which he, the spouse, (the person civilly united to him,) his relatives or kindred in a straight line in any degree, or in a collateral line up to the second degree, intervene as registrants
In the declaration, the parties may declare that they have a common surname for the duration of the civil union by choosing them from among their surnames. The party can either place his / her last name on the common surname, if different, by making a statement to the civil status officer.
This choice has only a symbolic value and in official documents everyone will continue to use only their original surname.
They can also declare to choose:
1) the system of separation of assets in their balance sheets;
2) the law applicable to their capital ratios carried out in accordance with the applicable rules of private international law
With the constitution of the civil union between persons of the same sex, the parties acquire the same rights and assume the same duties; from the civil union derives:
- the mutual obligation to provide moral and material assistance and cohabitation. Both parties are required, each in relation to their own substances and their professional and household work capacity, to contribute to common needs
The parties agree among themselves the address of family life and fix the common residence; each party has the power to implement the agreed address.
Establishment of civil union outside the municipal house (Article 70 novies DPR 396 / 2000)
1. If one of the parties to the civil union, due to illness or other justified impediment to the civil status office, is unable to go to the municipal house, the officer moves with the secretary to the place where he is the impeded party and, there, in the presence of two witnesses, proceeds to the constitution of the civil union.)
Establishment of civil union in imminent danger of life (Article 70 decies DPR 396 / 2000)
1. In the case of an imminent life threat to one of the parties, the civil status officer of the place may proceed without the verifications provided for in Article 70-bis, paragraph 2, unless the first part of the jury does not exist between their impediments.
2. The civil status officer declares in the constitution of the union the manner in which he has established the imminent danger of life and proceeds according to the modalities of art.70 novies
The Civil Status Officer issues the document stating the constitution of the union, containing the master data of the parties, the indication of the property and residence regime, in addition to the master data and the residence of the witnesses;
Articles 65 and 68, as well as the provisions of 119, 120, 123, 125, 126, 127, 128, 129 and 129-bis of the Civil Code, apply to civil union between persons of the same sex.
In particular, they are impediments to the establishment of civil union:
(a) the existence, for one of the parties, of a marriage bond or of a civil union between persons of the same sex;
b) interdicting one of the parties for mental illness;
c) the existence between the parties of relationships of kinship, affinity and adoption referred to in article 87, first paragraph, of the civil code; likewise, uncle and nephew and aunt and niece cannot enter into civil union between persons of the same sex; the provisions of the same article 87 apply;
(d) the final conviction of a convicted person for murder or attempted murder in relation to those who are married or united civilly with the other party;
The existence of one of the aforementioned impeding causes entails the nullity of the civil union.
Places of celebration and costs
The celebration of civil unions may take place in the rooms already in use for the celebration of civil marriages and the fixed right of use provided for by the current tariffs must be paid.
The reservation of the institutional rooms must necessarily be made on the day of the first appointment based on availability at the time.
Marriage contracted abroad by Italian citizens
Marriage contracted abroad by Italian citizens with the same sex produces the effects of civil union regulated by Italian law.