What is a Legal Marriage?
Before looking at how to make sure your foreign marriage is legal, it is no harm to have a general look at what is required in more general terms to make sure any marriage is legal.
While specific requirements can and do vary from country to country, these are some of the main requirements for legal marriage which apply just about everywhere.
It is important to remember that not only must your marriage be legal in the country where you marry, it must also be within the laws of the country or state where you are resident if the foreign marriage certificate is to be recognised.
Overview of Requirements for Legal Marriage
- Both parties to the marriage must be of 'of age'.
- Neither party is currently legally married
- Both parties enter into the marriage freely, neither is forced or coerced to marry against their wishes.
- The parties to the marriage are not too closely related.
- There must be at least two witnesses to the marriage.
Freedom to Marry
All countries require that both parties to the marriage must be either single, widowed or legally divorced.
In almost all cases of foreign marriage a certificate or other legal document testifying to this must be produced.
There is more information about that here.
Age of Consent
The actual age varies but is usually at least 18 years old. Some places allow younger people to marry provided there is parental consent, in others a court order will be required. In a few places parties to the marriage must be at least 21.
Blood Relatives and Marriage
The closeness of relationships can vary from place to place, but generally speaking the following applies:
| A man may not marry his: | A woman may not marry her: |
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Other Familial Restrictions
In some countries the law also applies to brothers and sisters by adoption.
In some first cousins may not marry, others do allow this and in fact in some countries it is common practice.
Other restrictions that may apply include marriages to a son or daughter of a previous spouse or to the previous spouse of a son or daughter. Some countries do not permit a marriage to the brother or sister of a former spouse following divorce.