Weddings
Where to marry: rules, paperwork and choosing a place
Before you fall in love with a place to marry, find out whether it will let you. A little understanding of the paperwork saves a great deal of heartache later.
This page is general information, not legal advice.
Choosing where to marry is one of the most exciting decisions in planning a wedding. It is also where romance meets bureaucracy. A beach, a castle or a mountain meadow may be the perfect backdrop, but whether your marriage will be legally recognised depends on the laws of the place where you marry and of the place where you live. The good news is that there is almost always a way to have the wedding you dream of. It just may not be the most obvious one.
What a marriage licence is
Wikipedia's article on the marriage license describes it as a document issued, either by a religious organisation or a state authority, authorising a couple to marry. It explains that the procedure for obtaining a licence varies between jurisdictions and has changed over time, and that today licences are a legal requirement in some jurisdictions and may also serve as the record of the marriage itself once signed by the couple and witnesses.
In other words, there is no single set of rules. What you need depends entirely on where you marry.
Why the rules differ
Every country, and sometimes every state, province or region, sets its own requirements for marriage. These can include which documents you must provide, whether they must be translated, whether notice must be given in advance, whether you must be resident for a period before the ceremony, who may officiate, and whether a religious ceremony counts as a legal one. Some places welcome visitors who wish to marry and have straightforward procedures. Others make it difficult or impossible for non-residents.
Marriage rules differ from place to place and they change. Confirm the current requirements with the officials of the place where you will marry and with your own government before you book anything.
It is also important to check that a marriage performed abroad will be recognised when you return home. Your own government can tell you what, if anything, you need to do to register a foreign marriage.
A legal ceremony at home, a celebration away
Many couples sidestep the complications entirely. They marry legally at home, often in a small, simple civil ceremony, and then hold a symbolic ceremony at their chosen destination. The ceremony abroad can be as personal and meaningful as any legal wedding, with vows, rings, music and the people you love, but without the paperwork. Guests often never know the difference, and many couples find it a relief.
This approach also opens up places where legal marriage for visitors would otherwise be difficult, and it gives you freedom to design the ceremony however you like.
Documents used abroad and the apostille
If you do marry abroad, you may need to present documents issued at home, such as a birth certificate or proof that you are free to marry, and you may later need to use a foreign marriage certificate at home. This is where the apostille comes in.
The Hague Conference on Private International Law describes the HCCH Apostille Convention as facilitating the use of public documents abroad, by replacing the often long and costly legalisation process with a single Apostille certificate issued by a Competent Authority in the place where the document originates. Wikipedia's article on the Apostille Convention explains that, where the convention applies between two states, an apostille issued by the state of origin is sufficient to certify the document and removes the need for further certification by the destination state.
Whether you need an apostille, and for which documents, depends on the countries involved. Ask the officials where you are marrying, and the authority that issued your documents, well in advance, as obtaining certificates can take time.
Questions to ask before you book
- Can non-residents marry legally here, and is there a residency requirement?
- Which documents are required, and must they be recent, translated or certified?
- Is notice required, and how far in advance?
- Who can officiate, and is a religious or beach ceremony legally valid?
- How long does it take to receive the marriage certificate?
- What must be done to have the marriage recognised at home?
Write down the answers, note who gave them and when, and check again closer to the date, since requirements can change.
Choosing the place itself
Once you understand the legal options, you can choose freely. Think about the season, the ease of travel for your guests, the kind of setting you love and the budget you have. The destination wedding planning guide takes you step by step through guests, timing and suppliers. If you like the idea of a quick and easy legal ceremony, read about Las Vegas weddings. If you dream of turrets and banquet halls, see castle and Renaissance-faire weddings.
Working with professionals
A local wedding planner, an officiant familiar with foreign couples, or the civil registry office at your destination can all help you understand the requirements. They cannot, however, guarantee how your home country will treat the marriage, so always confirm that side yourself with your own government.
Understanding the rules does not take the romance out of a wedding. It simply clears the way, so that on the day itself, the only thing on your minds is each other.