As a Celebrant of Weddings and Civil Unions in Catania and Sicily, it often happens that my spouses ask me for clarification on the Civil Wedding Rite and on registration in the Civil Union Register.
In this blog I therefore decided to clarify one of the central points in the creation of a Wedding Ceremony which, in addition to the Symbolic Rite, integrates the legal part.
In Italy, there are two ways to legalize the union of two people:
- Civil Wedding Rite for heterosexual couples.
- Registration in the Civil Unions Register for heterosexual and LGBT couples who wish to legalize their cohabitation.
Both allow you to protect the members of a couple and any offspring, but they have some differences that are important to know.
Let's start with the registration in the Civil Unions Register.
The Register of Civil Unions is governed by Law 76 of 20 May 2016, created with the aim of regulating de facto cohabitations.
By "de facto cohabitants" we mean two adults who are stably united by emotional bonds as a couple and by mutual moral and material assistance, not bound by kinship, affinity or adoption, by marriage or by a civil union.
Those interested in establishing a "de facto cohabitation" must already reside in the same apartment and be registered in the same family unit.
The registration in the Civil Unions Register allows you to have the same legal rights as a married couple but is easier to dissolve than a marriage.
Furthermore, not all municipalities are obliged to have a Register of Civil Unions, but the interesting thing is that the registration in the Register is not tied to territoriality: therefore you can register in the Register of Civil Unions of a municipality in which you are not resident and this will still have legal value throughout Italy.
From this point of view (and with particular pride) I inform you that the Municipality of Catania was the first in Italy to approve the Register of Civil Unions in June 2016, thus confirming the LGBT friendly orientation for which my city and its inhabitants are known throughout Europe.
The methods for making a request to the Civil Unions Register may vary from municipality to municipality, so it is always advisable to refer to the procedures indicated on the official websites. You can find directions to the Municipality of Catania at the following link: comune.catania.it/il-comune/uffici/anagrafe/gli-uffici/uffici-dell-stato-civile/Istituto-unioni-civili/
Finally, the couple can ask the Municipality to be civilly united by a Civil Celebrant who will act on the Delegation of the Civil Registrar as explained below.
Let's now look at the characteristics of the Civil Wedding Rite or Civil Rite or Civil Marriage.
The Celebrant during the Civil Wedding Rite has the task of leading the ceremony and officiating the marriage according to the rules established by Italian law.
Specifically, his task consists of publicly reading the articles of the Civil Code and signing the Wedding Act.
The Civil Rite is usually officiated by a Municipality Official: who limits himself to reading the articles and signing the documents.
His work can be integrated by a Civil Celebrant who can enrich the ceremony with Symbolic Rites which, although not obligatory by law, allow the spouses to personalize their celebration in a suggestive and engaging way.
The spouses can, however, choose to delegate the execution of the Civil Rite to the Civil Celebrant.
At that point the Municipality Official will still be present but will only have the task of monitoring that the procedures required by law are respected.
But how do you communicate to the Municipality the choice of a Civil Celebrant other than the Municipal Official?
First of all the Celebrant must have some fundamental requirements:
- He must be an Italian Citizen who meets the requirements for election as municipal councilor.
- He must not find himself in conditions of incompatibility pursuant to the Decree of the President of the Republic 03/11/2000, n. 396 and subsequent amendments.
- He cannot have a first degree relationship with one of the spouses: in short, he cannot be a close relative (father, mother, grandfather, uncle, nephew, brother, sister, cousin).
Once these requirements have been met, within 30 days before the celebration, or in general at the time of the Wedding Publications, the spouses must also deliver the following documents, together with their documents and revenue stamp:
- The Delegation Form for the Celebration of Marriage or Constitution of Civil Union, downloadable from the online portal of the municipality where the wedding will take place.
- A photocopy of the Identity Card and Fiscal Code of the chosen Celebrant.
Once the documents have been delivered and the delegation has been obtained from the municipality, the ceremony can take place regularly and the spouses can celebrate their love guided by the chosen Celebrant.
Attention to an important detail: in the case of a Civil Marriage, the text of the Marriage Act must be read at the end of the Ceremony and must be followed by the signature of the spouses.
Here is the full text of the Civil Marriage Ceremony in Catania and Sicily:
Are you Mr. XXX, born in XXX on XXX, of XXX citizenship and resident in XXX?
XXX: Yes.
Are you Mrs. XXX, born in XXX on XXX, of XXX citizenship and resident in XXX?
XXX: Yes.
And you have appeared here for the celebration of your wedding.
I read articles 143, 144 and 147 of the Civil Code.
Art. 143 - Mutual rights and duties of spouses - With marriage the husband and wife acquire the same rights and assume the same duties. From marriage derives the mutual obligation to faithfulness, moral and material assistance, collaboration in the interests of the family and cohabitation. Both spouses are required, each in relation to their assets and their ability to work professionally or at home, to contribute to the needs of the family.
Art. 144 - Direction of family life and family residence - The spouses agree with each other on the direction of family life and establish the family residence according to the needs of both and the paramount needs of the family itself. Each of the spouses has the power to implement the agreed direction.
Art. 147 - Duties towards children - Marriage imposes on both spouses the obligation to maintain, instruct, educate and morally assist their children in compliance with their abilities, natural inclinations and aspirations, in accordance with the provisions of article 315 bis.
Do you, Mr. XXX, intend to take XXX here as your wife?
XXX: Yes, I do.
Do you, Mrs. XXX, intend to marry XXX here?
Following the affirmative response, I, GIOVANNI ROMOLO FLACCOMIO, Civil Status Officer of the Municipality of XXX, in the presence of the witnesses XXX and XXX, who have heard, declare in the name of the law that you are united in marriage.
SIGNATURE OF THE DEED
The text just reported cannot be modified, because it is an official document, and in the case of foreign spouses it must be read both in Italian and in the language of the spouses.
In civil weddings, the task of a good Celebrant is therefore to combine the legal aspect with the symbolic one, finding the right balance between the spouses' desire for personalization and the rules defined by the legislator.
Would you like to choose me as your celebrant?
Then call Giovanni Romolo Flaccomio, GRF Celebrant, Celebrant of Civil Weddings and Symbolic Rites in Catania and Sicily, on +39 346 436 5000 or write an email to grfcelebrant@gmail.com and request a free consultation for your wedding.
Make your dreams come true.