Getting married abroad
Wedding abroad is a trend that has led recently to a true tour operator
business around it, but when it comes to expatriates this is run of the mill
story.
You relocate abroad for job reason and en-route you also fell in love and
want to get married.
Happy ending?
Not quite. As a matter of fact it is a straight recipe for chaos. In fact
you may end up dealing with not just one jurisdiction, but two, when not
even three (your home country, your country of residence, the home country
of your spouse-to-be).
In most countries the marriage abroad is legally recognized if you are both
free to marry and you have fulfilled all the legal requirements of the
country in which you choose to marry, but do not overlook the fact that,
although you must meet the foreign requirements for formalities, you are
still bound by your country law as far as the capacity to marry is concerned
(legal age of marriage is different in different countries).
Your foreign marriage certificate should usually be accepted for official
purposes in your country of origin where you need to show evidence that you
are married. If the certificate is in a foreign language, you must provide
an official translation or a translation from a recognized translation
agency.
You are now happily and legally married and you wish to bring your
foreign national spouse home, right? Well, think again.
Dual citizenship as a result of marriage is it not as straightforward as you
might think. In fact, many governments have legislations to prevent
marriages of convenience which result in tight measures when issuing entry
permit, a visa or a residence permit to a foreign national spouse.
Don't expect that your foreign national spouse can automatically get your
own country's citizenship or viceversa. For example, the american government
will not automatically provide a foreign spouse with a USA visa, or even
entry. The spouse who is the american national has to start immigration
procedures for the foreign spouse by filing a petition and wait to receive
approval prior to entry the country with the partner.
What does it take to get married in another country?
First of all you need to make sure to meet all the legal requirements of
the country you are marrying in. You should contact the relevant embassy or
the religious authorities in that country to find out what is
required.
You should realize that the legal validity of your marriage
is governed, in part, by the laws of the country in which you
marry. In most, if not all cases, the legal formalities abroad are very
different to those in your home country. For example, a church marriage
abroad is usually a purely religious ceremony with no legal effect and since
it is not recognized in law in the country in which it takes place, it
cannot be regarded as a legal marriage in any other country.
But there are exceptions to this and countries like Israel will acknowledge
only religious marriage ceremonies, while Switzerland and Japan will
validate only civil ones.
In most countries the marriage abroad is legally recognized if you are both
free to marry and you have fulfilled all the legal requirements of the
country in which you choose to marry.
And here is the catch... the legal requirements of different countries
are many and various, up to the point that they can be different even from
state to state as is the case of the USA. In Bali, there is a long
list of formalities you will need to satisfy before saying "I do",
including proof that both partners belong to the same religion (it does not
matter “which” religion), where New York, your passport a second proof of
identity (driving license or ID) and one working day before the planned
wedding in order to obtain a license is all is needed.
This effectively means that anyone who has lost touch with a parent, anyone
who has not been baptized or confirmed and couples of different religions
cannot legally marry in Bali. In addition, the authorities require
photographs of a particular size not commonly available outside
Indonesia.
Other countries require you to complete medical tests. In Mexico, for
example, you are required to take an HIV test and in Mauritius and Thailand,
a woman who remarries within eight months or ten months of her decree
absolute coming through will be required to have a pregnancy test or should
present a declaration of not being pregnant.
Most countries have rules about residency before you can get married, from a
few days to 40.
Normally you will require formal proof that you are free to marry and based
on the country the marriage takes place in you may be required to abide some
or all of the following:
- a period of residency in the country
- proof of single status or certificate of "non-impediment to marriage" by both partners (You may require a Certificate of Freedom to Marry to get married in some foreign countries. This may also be called "Certificate de Coutume" or "Certificate of Nulla Osta)
- birth certificates (quite often it is required that the birth certificate contains the full name of both parents
- blood test results
- passports
- a secon proof of identity (driving license, ID)
- proof of divorce if either of the partners had been previously married
- if widowed certificate of marriage and certificate of death of the spouse
- parental consent if a partner is not of marriage age or a court
exempt order if the country of origin requires so. In fact, although you
must meet the foreign requirements for formalities, you are still bound by
your country law as far as the capacity to marry is concerned. For example,
your marriage abroad will not be recognized in Ireland if you are marrying
underage without a court exempting order.
Most countries will require official translations and notarization of the documents.
Tour operator may be able to advise you on wedding abroad, but it would
be better to get the information directly from the government through either
the consulate or embassy of the country you are going to get married
in.
Oh, last but not least, before embarking in this adventure, you might wish
to enquire what are the consequences of a divorce abroad!