By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 13, 2022
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Getting married amongst sandy coastal beaches in the Caribbean, under a canopy of roses at the French Chateau, or even atop a mountain in New Zealand may sound heavenly -- but you'll need to check the local (foreign) laws of the country to make sure your marriage is legal when you return to the states.
Like U.S. marriage laws, foreign marriage laws vary among locations. Most countries require proof of a valid U.S. passport, birth certificate, or other proof of residency before a foreign marriage may take place. Many countries also require a blood and/or medical tests to be completed by the parties. Some countries (like France) require one or both parties to have resided in their country for a set period of time (for example, 45 days) prior to marriage. Because the rules vary widely by location, it's necessary to check the foreign marriage laws of your destination wedding location to avoid any lengthy and costly mistakes.
Getting married in another country legally can be complicated, so read on for a helpful primer on destination weddings for U.S. citizens.
In general, marriages which are legally performed and valid abroad are also legally valid in the United States. Inquiries regarding the validity of a marriage abroad should be directed to the attorney general of the state where you live.
American diplomatic and consular officers are NOT permitted to perform marriages. Marriages abroad are almost always performed by local (foreign) civil or religious officials.
As a rule, marriages aren't performed on the premises of an American embassy or consulate, but officers may authenticate foreign marriage documents. The validity of marriages abroad doesn't depend on the presence of an American diplomatic or consular officer, but it does depend on compliance with the laws of the country where the marriage is performed.
The embassy or tourist information bureau of the country in which the marriage is to be performed is the best source of information about marriage requirements in that country. In addition, American embassies and consulates abroad frequently have information about marriage in the country in which they are located. With that in mind, below is a list of common destination wedding legal requirements that you may encounter in other countries.
Residency Requirements
Marriages abroad are subject to the residency requirements of the country in which the marriage is to be performed. There is almost always a lengthy waiting period which is something to keep in mind before booking any travel plans.
Documentation and Authentication
Most countries require that a valid U.S. passport be presented; birth certificates, divorce decrees, and death certificates are also frequently required. Some countries require that any documents presented to the marriage registrar first be authenticated in the United States by a consular official of that country. This process can be time-consuming and expensive.
Parental Consent
The age of majority for marriage varies from one country to another. Persons under the age of 18 must, as a general rule, present a written statement of consent executed by their parents before a notary public. Some countries require the parental consent statement to be authenticated by a consular official of that foreign country in the United States.
Affidavit of Eligibility to Marry
All civil law countries require proof of legal capacity to enter into a marriage contract in the form of certification by competent authority that no impediment exists to the marriage. No such document exists in the United States. Unless the foreign authorities will allow such a statement to be executed before one of their consular officials in the United States, it will be necessary for the parties to a prospective marriage abroad to execute an affidavit at the American embassy or consulate in the country in which the marriage will occur stating that they are free to marry.
This is called an affidavit of eligibility to marry and there's a fee for the American consular officer's certification of the affidavit. Some countries also require witnesses who will execute affidavits indicating that the parties are free to marry.
Additional Requirements
Many countries, unlike the United States, require blood tests. Some countries also require that documents presented to the marriage registrar be translated into the native language of that country.
In some countries, marriage to a national of that country will automatically make the spouse either a citizen of that country or eligible to become naturalized in that country expeditiously. The automatic acquisition of a second nationality will not affect U.S. citizenship. However, naturalization in a foreign country on one's own application or the application of a duly authorized agent may cause the loss of American citizenship. Persons planning to apply for a foreign nationality should contact an American embassy or consulate for further information.
Information on obtaining a visa for a foreign spouse may be obtained from any office of the Bureau of Citizenship and Immigration Services in the Department of Homeland Security, U.S. embassies and consulates abroad, or the Department of State Visa Office in Washington, D.C. General information regarding visas may be obtained by calling the Visa Office at 202-663-1225.
Tying the knot in a vacation paradise is a great way to start a marriage. However, it won't be as blissful an experience if your marriage isn't recognized when you get back home.
Before you book your wedding, it wouldn't hurt to speak with a family law attorney in your area to make sure that you won't have any legal headaches with your destination wedding.
Contact a qualified family law attorney to make sure your rights are protected.
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