Guidance only, updated November 2026. Always check the requirements with the receiving authority.
A Moroccan citizen who marries in Italy, whether to an Italian or to another Moroccan, has to satisfy two legal systems: Italian law, to celebrate the marriage at the town hall (Comune), and Moroccan law, to have it registered in Morocco afterwards. Here are the main steps and where sworn translation fits in.
Information updated to November 2026. Rules and practice can change: always check with the Comune and the Consulate.
The nulla osta under Article 116 of the Italian Civil Code
Article 116 of the Italian Civil Code requires a foreigner who wishes to marry in Italy to give the civil registrar a declaration from the competent authority of their own country stating that, under their law, there is no impediment to the marriage: the nulla osta. Some Italian impediments still apply, such as an existing marriage or close kinship. Proof of lawful residence is no longer required: the Italian Constitutional Court (judgment no. 245/2011) struck that requirement down.
Morocco is not a party to the 1980 Munich Convention on certificates of capacity to marry, so a nulla osta is needed. The Italian Interior Ministry’s handbook for civil registrars (Massimario) states that the foreign consular authority in Italy may issue it and that self-declarations are not accepted, even before a notary.
What the Moroccan Consulate issues
The Moroccan consular portal lists the certificate of custom (for marriage), which restates the Family Code rules on marriage (consular registration, CNIE or passport, proof of marital status), and the administrative certificate for marriage (consular registration, full copy of the birth certificate issued within the last six months, a legalised sworn statement and a legalised declaration by two male Moroccan witnesses, plus the final divorce judgment or the spouse’s death certificate where relevant).
Check with the Consulate for your area which document it issues as the nulla osta and how long it takes. Issued in Italy by a foreign consulate, it must then be legalised at the Prefettura (Article 33(4) of Presidential Decree 445/2000).
Step by step
- Obtain up-to-date Moroccan documents, in particular the full copy of your birth certificate, with an Apostille affixed in Morocco: the Hague Convention has been in force for Morocco since 14 August 2016.
- Ask the Consulate for the document that serves as the nulla osta.
- Have it legalised at the Prefettura.
- Have documents in Arabic or French translated into Italian, including the Apostille and stamps.
- Request the banns (pubblicazioni) at the Comune where one of you is resident (Article 94 of the Civil Code).
- Celebrate the marriage before the civil registrar and two witnesses (Article 107).
- File the marriage certificate with the Consulate within three months.
Translation and banns
Under Article 22 of Presidential Decree 396/2000, documents in a foreign language must be accompanied by an Italian translation certified as accurate by the consular authority or by a translator who attests its accuracy under oath; the Massimario also accepts an oath sworn before a court clerk or a notary. Spell names exactly as in your passport.
The Comune usually asks for a valid identity document and the legalised, translated nulla osta; the registrar may request further documents to rule out impediments (Article 51 of Decree 396/2000). The banns stay posted for at least eight days; the wedding cannot take place before the fourth day afterwards and, if it does not happen within 180 days, the banns lapse (Article 99).
After the wedding: registration in Morocco
Article 14 of the Moroccan Family Code (Moudawana) allows Moroccans living abroad to marry under local administrative procedures, provided there is offer and acceptance, capacity, a wali where required, no impediment, no clause waiving the sadaq (dower) and two Muslim witnesses.
Article 15, as amended by Law no. 65.21 of 2021, requires a copy of the marriage certificate to be filed within three months with the Moroccan consular services for the applicant’s place of residence or for the place of marriage. The copy is forwarded to the civil registrar and the family justice section of each spouse’s place of birth, or to Rabat for a spouse not born in Morocco.
For registration, the consular portal asks for consular registration, both spouses’ birth certificates, a full copy of the marriage certificate with a legalised Arabic translation, copies of CNIE and passports and, for a non-Muslim husband, a certificate of conversion to Islam. If the civil certificate does not mention two Muslim witnesses, the Consulate’s adouls draw up an additional deed, the Ishhad moulhaq.
For mixed couples, Article 39 of the Moudawana lists among temporary impediments the marriage of a Muslim woman to a non-Muslim man, and of a Muslim man to a non-Muslim woman who is not of the People of the Book. Legal advice is then advisable.
Checklist of documents
- Valid passport and/or Moroccan CNIE
- Consular registration
- Recent full copy of the birth certificate, with Apostille
- Final divorce judgment or death certificate of a former spouse, where relevant
- Consular nulla osta, legalised at the Prefettura and less than six months old
- Sworn Italian translations of documents in Arabic or French
- The other partner’s identity document
- After the wedding: full copy of the marriage certificate with an Arabic translation
FAQ
How long is the nulla osta valid?
According to the Massimario, a nulla osta older than six months cannot be accepted for the banns: request it once the rest of your file is ready.
What if the nulla osta sets religious conditions?
The Massimario treats conditions linked to religious affiliation or to a conversion certificate as contrary to Italian public policy: the registrar proceeds without taking them into account. If the banns are refused, you receive a certificate stating the reasons and can appeal to the court (Article 98 of the Civil Code).
What is the deadline for registering the marriage in Morocco?
Three months from the wedding (Article 15 of the Moudawana), at the Consulate for your place of residence or of marriage.
Sources
- Normattiva, Italian Civil Code: Art. 94, Art. 98, Art. 99, Art. 107, Art. 116
- Normattiva, Presidential Decree 396/2000: Art. 22, Art. 51, Art. 55; Presidential Decree 445/2000, Art. 33
- Italian Constitutional Court, judgment no. 245/2011
- Italian Interior Ministry, Massimario per l’ufficiale dello stato civile, 2014 edition
- Italian Ministry of Justice, Couples of different nationalities: marriage
- Comune di Arezzo, Matrimonio: istruzioni per l’uso
- CIEC, Convention No. 20
- HCCH, Apostille Convention status table
- Consulat.ma: certificate of custom, administrative certificate for marriage, registration of civil marriage, Ishhad moulhaq
- Moroccan Family Code, consolidated text of 29 July 2021 – Constitutional Court of Morocco
Tarjama24 can prepare sworn Italian translations of your Moroccan documents from Arabic or French, Apostille included, as well as the Arabic translation of the Italian marriage certificate to be filed with the Consulate. Send us a legible scan and tell us which office will receive it.