Law No. 76/2016 “Rules and regulations on civil partnerships between persons of the same sex, and on living together without being married”, better known as “Law Cirinnà”, regulates both the relationship between two persons of the same gender, known as “civil partnership”, and the living together of two persons of the same or opposite gender, without being married.
A) Common Law unions
The Common Law unions, regulated by Law 76/2016, differs from civil unions and it does not modify the marital status of the couple, because it is regulated exclusively within the registry system. Only Italian citizens with a common residential address in Singapore or Brunei can declare living together without being married with a person of the opposite gender at the Consular Office in charge, and only if both compatriots are registered at AIRE (Registry of Italians Residing Abroad) of the same Municipality.
If both parties have different nationalities and live in a foreign country, the applicable law will be the law of that country.
Following the transmission of the declaration of “living together”, the Italian Municipality can issue a certificate of a constituted household based on the official records.
For more information on the subject, please contact the Consular Authority in Singapore.
B) Civil unions
Civil union is a social union between two persons of the same gender that entails a change in the marital status of the concerned parties.
An Italian citizen who wants to establish a civil union abroad can contact the Italian Consular Office in charge. While establishing the civil union, the two parties may state the common last name and/or the property regime of their choice.
The civil unions established at the Italian consular offices are registered into the Marital Status Register of the Municipality where the Italian party is registered at the AIRE (Registry of Italians Residing Abroad).
Pursuant to the 1963 Vienna Convention on Consular Relations, the Italian Consular Authority can perform the duties of Public Registrar, provided that the laws and regulations of the State where the accreditation was granted do not prevent it. Hence it is not always possible to establish civil unions abroad.
Although Singapore has repealed Section 377A of the Singapore Penal Code, the Constitution defines marriage as the union between a man and a woman. For this reason, the Italian Consular Authority cannot celebrate civil unions in Singapore.
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