Marital status in Italy

Marital status (Italian: stato civile) is a legal definition that describes a person in terms of their family relationships. It indicates a person’s legal standing as regards marriage, divorce, widowhood or being single.

Marital status matters in many areas of life, such as:

• Legal relations: marital status affects a person’s rights and obligations, particularly in property and inheritance matters, as well as their ability to marry again.
• Social benefits: marital status can affect access to social security payments, tax relief and other public services.
• Immigration matters: marital status can be relevant when obtaining visas or residence permits (permesso di soggiorno), or when establishing family ties in the country.

Types of marital status

Italian law recognises the following types of marital status:

• Single (celibe/nubile): a person who has never been married. This may apply both to young people and to those who have never entered into marriage.
• Married (coniugato/a): a person who is married. This status gives a person certain rights and obligations within family relationships.
• Divorced (divorziato/a): a person whose marriage has been dissolved. Divorce can have both legal and financial consequences, including the division of property and decisions on child custody.
• Widowed (vedovo/a): a person whose spouse has died. Widows and widowers are entitled to certain benefits, such as a survivor’s pension.

Key aspects of marital status

Marital status can change as a result of various circumstances:

• Marriage: the person becomes married, which gives them certain legal rights and obligations.
• Divorce: the marital status changes to “divorced”, which may make it necessary to settle property matters and child custody.
• Death of a spouse: losing a spouse changes the status to “widower” or “widow”, which may give access to certain social benefits.

Why it is important to understand your marital status

Understanding your marital status is important for making informed decisions in life and for being legally protected. This is especially relevant for people living in countries with a different legal system, such as Italy, where the law has its own particular features.

Changing your marital status

In Italy a change of marital status is registered at the town hall (Comune). To do so, you need to submit the relevant documents:

• Marriage certificate: to prove that the marriage has taken place.
• Divorce certificate: to prove that the marriage has been dissolved.
• Death certificate: if your spouse has died.

It is important to note that a change of marital status may affect a person’s rights and obligations, particularly in property and inheritance matters, and their access to social security payments and tax relief.

The importance of marital status

Marital status can have a significant impact on various aspects of life in Italy, such as:

• Tax relief: married people may be entitled to file a joint tax return, which can reduce their tax liability.
• Social security payments: divorced people may receive maintenance, and widows are entitled to a survivor’s pension.
• Immigration rights: marital status may affect the possibility of obtaining visas or residence permits for family members.

Changes in marital status and their legal consequences

A change of marital status can have legal consequences, including:

• Divorce: the dissolution of a marriage can affect property rights, child custody and maintenance. It is important to resolve matters relating to the division of jointly owned property.
• Death of a spouse: a widow or widower may be granted financial benefits, in particular the right to a pension or to an inheritance.
• Remarriage: a person who is divorced or widowed has the right to marry again, although the relevant legal documents may be required.

Important points for Ukrainians

• Temporary protection: Ukrainian refugees who have been granted temporary protection in Italy have the same rights as Italian citizens as regards marriage and changes of marital status.
• Support: you can get help and advice on marriage and marital status from the Embassy of Ukraine in Italy, Ukrainian community organisations and lawyers specialising in family law.
• Translation of documents: you may need to have Ukrainian documents translated into Italian in order to use them in Italy. The translation must be done by a sworn translator.
• Apostille: some Ukrainian documents, such as birth and marriage certificates, may need an apostille to be used in Italy. An apostille is a stamp that certifies the authenticity of a document.

Conclusion

Marital status is an important legal concept that affects various aspects of a person’s life in Italy, including rights, obligations and social benefits. A change of marital status can have significant consequences, for example for property rights, tax relief and social security payments. Marital status also plays a key role in the legal side of immigration, which may be relevant for citizens of other countries, in particular Ukrainians who have been granted temporary protection in Italy.

Ukrainians living in Italy have access to the same legal procedures concerning marital status as Italian citizens, including the possibility of marrying, divorcing or obtaining social benefits. It is important to understand the document requirements, including the possible need for translation or an apostille.

Advice from lawyers and support from consular offices can make the process of changing your marital status much easier and protect your rights in cases of marriage, divorce or claiming benefits linked to a change of status.