Wedding transcript

Hallo, my wife and I are both Italian citizens. I am resident in Italy, while she has recently established her residence in the Netherlands.

We got married in Italy where the bond between two married women is called a civil union, instead with "marriage" the Italian law indicates only a man and a woman married to each other. We would like to transcribe our union also in Holland, where, however, Dutch law recognizes the bond in any married couple (man and woman but also homosexual) only with the word "marriage" without distinction.

We asked the Italian municipality where we got married for both the complete copy of the civil union act and the European standard form for transcription, but precisely on this last document, "civil union" is translated into Dutch with "registered union" which in Holland it is different and has nothing to do with the married couple.

My question is, considering the terms and laws of where we got married, but by applying for registration in the Netherlands, will our civil partnership automatically be registered as a marriage under Dutch law or should we say that's what the Dutch include the same in marriage?

Thank you

From my understanding it is in fact equivalent to the Registered Partnership, and also equal in rights to married couples. Me (male) and my wife have a Civil Union as well in Brazil, which is also a Registered Partnership in NL, and for all purposes so far we have the same rights (Verification agains EU law for instance).


Since Italian law does not allow for you two to be married, then you are not married, and I don't believe there is a middle ground between the two.


Also, as this site from NL states (<a href="https://www.vbwnotarissen.nl/en/news/310-registered-partnership-or-marriage#:~:text=Difference%20with%20Marriage&amp;text=The%20only%20difference%20is%20that,no%20conflicts%20between%20the%20partners.">source</a>) :


they are now virtually the same, from a legal point of view. The only difference is that, in order to terminate a marriage, you still need to go to the court. A registered partnership can be ended without the intervention of a judge, provided no children were born into this relationship and there are no conflicts between the partners.


This is true from any civil union as I know them, equal rights to married couples, with fewer legal hassle, usually constituting a family, living together etc. This seems fair considering that many countries are still too conservative for allow same sex marriage.

@Peaceful ParrotThanks for the reply, but actually according to Italian law, civil union is "marriage between persons of the same sex". In Italy, a civil union can only and exclusively be formed by two women or two men in the presence of two witnesses, in the room reserved for weddings. There is the entrance of the two people (in our case she entered accompanied by her father and waited for my arrival in the place reserved for the bride and groom, while I entered accompanied by my son), the celebrant then reads the articles of the civil code, after which he asks first one person and then the other "do you want to join X (name of the other)", if both say "yes" then the celebrant asks to exchange the wedding rings exactly as in a civil marriage for a man and a woman .

The only difference with respect to marriage between two people of different sexes is that in the end, after having exchanged wedding rings, instead of saying "I declare you husband and wife" he says "I declare you civilly united".
I was previously married to a man and I must say that both the prenuptial procedure and the ceremony were exactly the same, in any case the municipality in Italy has always confirmed to us that the civil union act is the act corresponding to the act marriage certificate for a man and a woman who are married to each other.
In civil unions and civil marriages in Italy you have to choose between communion or separation of assets, otherwise the communion of assets automatically applies.
In Italy if you don't want to get married, but want to register your relationship by assuming certain rights and duties of the spouses and regulating assets, do what Italian law defines as "de facto coexistence" which is just a bureaucratic process without ceremonies or exchange of rings, nor declarations of "yes" and this can be done by both homosexual couples and heterosexual couples living together, but the bond ceases when one of the two changes residence and there is no right to legitimate inheritance in the event of the death of the other party.
If a man and a woman want to get married, they get married and can do so while maintaining two different residences, the wife also takes the husband's surname which must necessarily be placed after that of the girl and in addition to certain rights and duties, one has the right to inheritance legitimate in the event of death.
Instead, two women or two men who want to get married can always do so from having two different residences, there is a ceremony like in marriage, one chooses between separation and communion of goods, one chooses the family surname which will be placed before or after the maiden one / celibate, but between rights and duties the right to legitimate inheritance is also acquired.

@Peaceful Parrotwe have never had the same residence in Italy and not even now

Hi and welcome to the Forum.


You appear to know more about this subject than anybody else on here.


I think the best place to start your enquiry is your local Gemeente; all weddings in the Netherlands are legalised there.  I know nothing of same-sex relationships, but I did come across this publication from the Dutch Government (link).  Sadly, as in all matters that involve the law, I think you will end up needing a lawyer to try and steer you through Dutch law.


I wish you both the best of luck.


Cynic

Expat Team

@Peaceful Parrot il fatto è che in Italia il matrimonio tra due persone dello stesso sesso si chiama unione civile che però in olandese viene tradotta letteralmente in unione registrata dal momento che in Olanda il matrimonio tra due persone omosessuali si chiama pure questo matrimonio

@Cynic thank you soo much

@CynicI read the link you sent me about same sex marriage in the Netherlands which declares the couple married only after the civil ceremony.

@Peaceful Parrot il fatto è che in Italia il matrimonio tra due persone dello stesso sesso si chiama unione civile che però in olandese viene tradotta letteralmente in unione registrata dal momento che in Olanda il matrimonio tra due persone omosessuali si chiama pure questo matrimonio
-@Lado24



Hello Lado24,


Kindly please post in english on the open forum for the benefit of all members.


Should you want to communicate with someone in another language, you can still send him a private message by clicking on his username.


All the best

Bhavna

@Bhavna sorry, it was my distraction, so I wrote in my language without thinking and convinced that I replied in English. now I rewrite the message in English

@Peaceful Parrot il fatto è che in Italia il matrimonio tra due persone dello stesso sesso si chiama unione civile che però in olandese viene tradotta letteralmente in unione registrata dal momento che in Olanda il matrimonio tra due persone omosessuali si chiama pure questo matrimonio
-@Lado24
I rewrite in English: the fact is that in Italy the marriage between two people of the same sex is called civil union which however in Dutch is literally translated into registered union since in Holland the marriage between two homosexual people is also called this marriage