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Get Married Overseas!?? WE DID!
What started out as a great idea to be different, could’ve ended up disastrously wrong. My wife and I pride ourselves on not being too traditional about most things, and what to do in regards to planning our wedding was surely in that category. Ultimately, being holiday lovers, we decided a wedding on the beach would be great, and even better a wedding on a tropical, foreign beach!! As the time got closer to start planning, I was unsure how the logistics would work. “Local Time” sometimes meaning their were breakdowns in communication and slow responses to our questions. What I can admit to you now is that we have absolutely no regrets. We found what most people pay for just a reception here in Melbourne would pay for a wedding, reception, and honeymoon to boot all awesome I might add. Once we sold our family and close friends on the idea(make it a family holiday - its only one day for us), which we admit took time and energy, everyone was set for our wedding overseas and their own holiday! Overall, If you want something really special, with close and important people, where it wont cost the earth for just a day…. Get Married Overseas! Glenn and Narelle Talk to Narelle about her experiences on 03 9792 0541 |
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Legal Requirements for Marriage OverseasGeneralRecognition of Overseas MarriagesLegal Requirements by Country |
GeneralOverseas marriage authorities often require evidence that the party is free to marry. Such evidence may be a statement from the Registry of Births, Deaths and Marriages that there is no record of the person having been previously married. Authorities may also require divorce papers/death certificate of a former spouse in the case of being divorced or widowed. Overseas marriage authorities generally will also want to sight an original birth certificate and the person’s passport. Foreign marriage authorities may have further additional requirements e.g. a requirement to reside for a length of time in a country prior to a marriage taking place in that country. Certificates of No Impediment to Marriage are issued by the Department of Foreign Affairs and Trade through overseas missions and state and territory offices to Australian citizens seeking to marry overseas. Certificates of No Impediment to Marriage are not a requirement of Australian law. They are issued purely at the request of overseas countries seeking to ensure that a marriage involving one or two Australian citizens, celebrated in that overseas country, will also be recognised as a valid marriage by Australian authorities. Recognition of Overseas MarriagesThe Attorney-General’s Department has responsibility for developing policy about issues relating to family law and marriage, including who can get married, who can perform marriage ceremonies and the validity of overseas marriages. The rules governing whether or not a marriage is valid under Australian law are to be found in the Commonwealth Marriage Act 1961. There are currently no Australian diplomatic or consular officers appointed to solemnise marriages overseas under Australian law. Marriages entered into overseas are generally recognised as valid in Australia
There is no requirement to register a marriage in Australia which takes place overseas. The foreign marriage certificate is prima facie evidence in Australia of the occurrence and validity of the marriage. Marriage to an Australian citizen does not automatically guarantee entry of a citizen of another country to Australia. The Department of Immigration and Citizenship (DIAC) can advise on immigration to Australia. You should consult a legal practitioner if you need advice on whether a marriage which has taken place overseas is recognised as being legal in Australia. The basic rule of recognising foreign marriages is subject to a number of exceptions including:
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Legal Requirements by CountryThe legal requirements presented here are as a guide only. Please check with us for the latestest, detailed information specific to your individual circumstances, or other countries you may be considering. |
Destination |
Residency |
Waiting Period |
Language |
| Alaska | None | 3 Days | English |
| Bali | None | None | English |
| Canada | None | Varies according to state | English |
| Cook Islands | 3 Days | None | English |
| Fiji | 3 Days | None | English |
| Florida | None | None | English |
| Hawaii | None | None | English |
| 3 Working days | None | English | |
| Nevada (Las Vegas) | None | None | English |
| New York | None | 1 Day | English |
| Tahiti | 40 Days | 40 Days | French |
| Vanuatu | 3 Days | None | English |
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Individuals must be 18 or older to obtain a marriage license and at least 16 with parental consent. No medical exam is required; however, there is a three-day waiting period. Picture ID such as a driver's license. If application is mailed or faxed in, a Notary Public must witness it. If divorced within the last 60 days, a certified copy of the divorce decree is needed. Once issued, the license is valid for 90 days throughout the state. Cost varies, but generally $25, contact your County Clerk’s office for specific information. Ministers must provide marriage certificates to the couple married and report the marriage to the Marriage Commissioner. If under 18, you will need a certified copy of birth certificate, both parents must be present with identification, or if you have a legal guardian they must be present with a court order and identification. |
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Bali
|
| (Rupiah equivalent of) | |
| Witnessing Application: (Consular fee item 3) |
$A20 |
| Certificate of No Impediment: |
$A90 |
| Total |
$A110 |
The parties to the marriage will need to make their own arrangements with the local religious minister and/or the civil registry celebrants and are advised to seek confirmation of the exact requirements in their particular circumstances. In addition, partners would be advised to discuss with their lawyer in Australia and/or Indonesia any other steps which need to be taken, especially, but not only if, they intend to reside in a country other than Australia, or if they wish to hold property separately.
Under Law No.1 of 1974 concerning marriage (the ‘Marriage Law’), both parties must hold the same religion, if not, one party must convert to the other religion. Anecdotal evidence suggests that the process of converting to Islam is not a lengthy one. To start the process, speak with the Imam at the local mosque.
Moslem weddings are performed by the Kantor Urusan Agama (KUA) at a mosque, private home, etc, which issues Marriage Books (Buku Nikah) as evidence of the marriage. There is usually no requirement for people to register such a marriage with the Catatan Sipil. However, if you may move to another country, it is recommended that you arrange for a Marriage Certificate just in case it is needed.
For non-Moslem marriages (Christian, Hindu, etc), couples have to lodge a Notice of Intention to Marry with the Catatan Sipil at least 10 days prior to the wedding. After the ceremony in the church, temple, garden, etc, the marriage must be registered at the Catatan Sipil office to be legal. Both applicants will need the originals and a photocopy of: the Certificate from the Embassy, passports or KTP, birth certificates, marriage certificate, proof of dissolution of previous marriage (if applicable), four photos (4x6cm) of the couple. As requirements can vary from province to province it would be prudent to check with Catatan Sipil first.
To marry in Canada, you will need to get a marriage license, find a person authorized to perform the ceremony, and arrange for two witnesses to be present during the ceremony. You can usually find witnesses where you get your license. No medical tests are mandated.
The processes for applying for licenses and having ceremonies are different from region to region. Further, there may be some differences if you are having a religious ceremony rather than a civil ceremony, which your religious officiant should be able to tell you about.
For general information on marriage in the regions, see:
British Columbia: www.vs.gov.bc.ca/marriage/index.html
Manitoba: web2.gov.mb.ca/cca/vital/GettingMarried.html,
web2.gov.mb.ca/cca/vital/MarriageRequirements.html
New Brunswick: http://www.snb.ca/e/1000/1000-01/e/gettingmarried-e.asp
Newfoundland and Labrador: http://www.gov.nl.ca/gs/vs/marriage.stm
Northwest Territory: http://www.hlthss.gov.nt.ca/Features/Programs_and_Services/marriage_license/default.asp
Nova Scotia: www.gov.ns.ca/snsmr/vstat/certificates/getting_married.asp
Nunavut: http://www.gov.nu.ca/Nunavut/forms/Vital%20Statistics-Birth-Marriage-Death-Applications.pdf
Prince Edward Island: http://www.gov.pe.ca/infopei/index.php3?number=45273&lang=E
Quebec: www.justice.gouv.qc.ca/english/publications/generale/maria-a.htm
Saskatchewan: www.health.gov.sk.ca/ps_vital_statistics.html
Yukon: http://www.hss.gov.yk.ca/programs/vitalstats/marriage/
In all regions, the basic elements to get married include:
Applying for the license
Alberta
Both parties must apply together and provide the local marriage license issuer with the following:
proof of age (persons under the age of 18 must present a completed consent form)
proof of divorce (copies of final court documentation) (see below)
translator/interpreter over the age of 18 if not fluent in English
if applicant is mentally challenged, issuer must notify trustee or guardian
British Columbia
Either party may appear at the local license issuer and apply for a license, but must provide the following information and documents for both intended spouses:
a birth certificate or passport
photo ID
consent forms filled out by a parent if under 19
proof of divorce if divorced within the last 31 days (see below)
Manitoba
Both parties must appear in person at the local license issuer to apply for the license and provide the following:
proof of age (birth certificate or passport)
proof of divorce (certified final divorce papers) (see below)
proof of death of previous spouse (death certificate or newspaper clipping)
New Brunswick
Both parties must appear in person before the local license issuer (or a Personal Attendance Excused form must be completed by that person in the presence of a Commissioner of Oaths or Notary Public and filed with the issuer) and provide the following:
the date of the marriage and who is going to perform it
proof of identity and age (birth certificate, passport or driver’s license)
written parental consent if under 18 (if under 16 need a declaration from the Court of Queen’s Bench)
proof of divorce (certified final divorce papers) (see below)
proof of death of previous spouse (death certificate)
Newfoundland and Labrador
Either party may apply in person at a local marriage license issuer, but both must sign the application and each must complete an affidavit and have their signatures witnessed on it by a Commissioner of Oaths, a Justice of the Peace, or a Notary Public. If the application is being completed outside of Newfoundland, signatures must be witnessed by a Notary Public. If the application is being made by only one party, that party must bring the ID for both parties. The marriage license is only valid from 30 days from the date of issue. The following documents must be provided at the time of application:
proof of age
if under 19 must submit a birth certificate or affadavit by father or mother swearing to age and written parental consent
proof of divorce (certified final divorce papers) (see below)
if you were divorced outside of Canada, you will be required to provide a letter from a Newfoundland lawyer stating that you are eligible to marry in Newfoundland (see below)
Northwest Territory
Both parties must appear in person at the local license issuer to apply for the license and must provide the following:
birth certificate
social insurance number
full names and place of birth for both sets of parents
immigration documents (if applicable)
written parental consent if under 19
proof of divorce (certified final divorce papers) (see below)
proof of death of previous spouse (death certificate)
Nova Scotia
Either party may appear at the local deputy issuer of marriage licenses and apply for a license, but must provide the following information and documents for both intended spouses:
photo ID
proof of age
written parental consent if under 19
proof of divorce (certified final divorce papers) (see below)
proof of death of previous spouse (death certificate)
Nunavut
Both people planning to get married must attend the appointment with the Marriage License Issuer. You will need to provide the following documents or information:
birth certificate
social insurance number
full names for both sets of parents (including mothers' maiden name)
place of birth for both sets of parents
immigration documents (if applicable)
divorce certificate(s) or decree(s) - (a decree absolute or certificate is required if either person has been divorced, no other documents are acceptable) (see below) and
death certificate(s) (if either person has been widowed)
Ontario
Both parties must fill out the license application, and either can appear at any city or town hall to submit it, but must provide the following information and documents for both intended spouses:
birth certificate or passport
written parental consent if under 18
proof of divorce if divorced in Canada (certified final proof)
authorization from Minister of Consumer & Commercial Relations if divorced outside of Canada (see below)
You can download an application for an Ontario marriage license here. Note that this form is still gendered, in that it requests information about the bride and the bridegroom. It does not ask the parties to designate their sex.
Prince Edward Island (PEI)
Both parties must appear before the local issuer and provide the following information:
birth certificate or passport
written parental consent if under 18, under 16 can not marry unless pregnant or a mother
proof of divorce (certified final proof). If divorced outside Canada need a letter from a PEI lawyer stating that the person is free to marry in PEI (see below)
death certificate if widowed
name of person performing the ceremony and date and place of ceremony
Quebec
Both parties must fill out the license application and appear together at an interview with the "Service des Marriages Civils" at the local courthouse along with one witness, and provide the following:
birth certificate, or sworn statement, passport and ID photo
written parental consent if under 18
certified proof of divorce or dissolution of civil union (see below)
proof of death of previous spouse (death certificate)
For a marriage license application, call the Service in the city or region where you intend to marry or download one here.
Saskatchewan
Both parties must appear in person (or one party needs to complete the "Non-Attendance Before Issuer Of Marriage Licenses" form) before the local issuer of marriage licenses and provide the following:
birth certificate
written parental consent if under 18
proof of divorce (see below) or annulment (original or certified copy)
proof of death of previous spouse is not required, but you need to know the exact date and place of death
Yukon
Both parties must appear in person at any city or town hall to apply for the license and provide the following:
birth certificate or passport
photo ID
proof of divorce (see below)
Waiting periods
Alberta, British Columbia New Brunswick, Northwest Territory, Nunavut, Ontario and Prince Edward Island - no waiting period
Manitoba - 24 hours between issuance of license and ceremony
Newfoundland and Labrador - 4 days between application for and issuance of license and a further 4 day wait between the time the clergy or marriage commissioner receives the license and the ceremony
Nova Scotia - 5 days between application for and issuance of license
Quebec - 20 days between issuance of license and ceremony for purposes of publication of banns, an old tradition that simply entails posting a wedding announcement at the prospective venue for your ceremony. A Court Clerk or your wedding officiant will assist you.
Saskatchewan - 24 hours between issuance of license and ceremony
Yukon - 24 hours between issuance of license and ceremony
Fees
Consult the websites above for the area in Canada where you plan to marry for the fees that are charged for the marriage license, officiant, and marriage certificate. They vary widely and can range from $20 to $250.
What if one of us has been married before?
If either of you has previously been married, you may need to demonstrate that your previous marriage ended in divorce or death.
Divorce
If you are divorced and seeking to marry in Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territory, Nova Scotia, Nunavut, Quebec, Saskatchewan or the Yukon, you should provide the original or a court certified copy of your final divorce decree, judgment or certificate of divorce. If the divorce took place in a country other than Canada and the divorce documents are in a foreign language, Nova Scotia and Newfoundland and Labrador require a written translation.
In Newfoundland and Labrador and Prince Edward Island if you were divorced outside Canada, you will be required to provide a letter from a practicing lawyer in that province stating that you are eligible to marry there.
In Ontario, marrying after you've been divorced is more complicated. If you were divorced in Canada, all you need to do is bring the original or a court-certified copy of your final divorce decree, final judgment or a certificate of divorce. If you were divorced outside of Canada, however, you must get an authorization for a marriage license from the Minister of Consumer and Business Services. To do so, you need to send the following materials to the Office of the Registrar General:
A completed marriage license application signed by both of you
A Statement of Sole Responsibility for each divorce signed by both of you. This form states that you both acknowledge that your receipt of a marriage license does not mean that the courts of Ontario will recognize your previous divorce. To download this form, go here
An original or court-certified copy of your final divorce decree
A legal opinion from an Ontario lawyer, addressed to both of you, explaining why the divorce or annulment should be recognized in the Province of Ontario. A sample legal opinion letter can be obtained from the Office of the Registrar General by calling (807) 343-7568, or toll free in Ontario at 1-800-461-2156. A sample letter will be faxed to your lawyer. You can get a lawyer referral here
A marriage license application form, Statement of Sole Responsibility form and a suggested format for a lawyer's opinion letter are also available from most local municipal offices.
Death
If your previous spouse died, you must provide proof of death in Manitoba, New Brunswick, Northwest Territory, Nova Scotia, Nunavut, Quebec, Prince Edward Island and Saskatchewan. New Brunswick, Northwest Territory, Nova Scotia, Nunavut, Prince Edward Island and Quebec require a certified death certificate or other official form of proof. Manitoba will accept either a death certificate or a news clipping. Saskatchewan only requires the date and place of death.
Crucial requirements are:-
Cook Islands law requires all people wishing to get married to be 21 years of age or to have written consent from their parents.
Application for a marriage licence must be made in person to the Registrar of Marriages at least three working days before the wedding. You cannot apply for a licence outside the Cook Islands.
Applicants for a wedding licence must produce a passport and, if divorced, a copy of the Decree Nisi.
Marriages performed in the Cook Islands are recognised internationally. However, intending applicants should check with their own countries' marriage licensing authorities for their local requirements concerning marriages.
Churches of most denominations exist in the Cook Islands. They include Roman Catholic, Presbyterian, Congregational, Cook Islands Christian Church, Seventh Day Adventist, Mormon and Ba'hai. The marriage requirements of these will be the same as in other countries.
More information is available from:-
Registrar's Department
Department of Justice and Lands
PO Box 11
Rarotonga, Cook Islands
Phone: 682 29410 Fax: 682 29610
E-mail: offices@justice.gov.ck
Minimum marriageable age for girls is 16 years; for boys is 18.
Birth, death and/or divorce certificates must either be originals or copies certified by and bearing the seal of the issuing authorities.
There is neither a residence requirement nor a minimum period of stay required for marriage in Fiji.
District Officers and Registrars may perform marriages without a marriage license. After the ceremony, it may take 15 working days to obtain the marriage certificate: 10 days for the Minister or District Officer's document to reach the Registrar General and 5-6 days for the Registrar to search its records and issue the certificate.
A Special License is required if the marriage ceremony is to be performed by a Minister of Religion or performed at a venue other than the Registrar-General or District Offices. If you decide to have a civil ceremony, it is advisable to make an appointment either a day or two in advance.
A marriage performed in accordance with the legal requirements of the country in which it takes place is recognized as valid in the United States. For specific information, consult an attorney in the jurisdiction where you reside.
The two main offices of the Registrar-General in Fiji are located in Suva and Lautoka:
Office of the Registrar-General
Cohil Complex, Toorak Road
P.O. Box 2226
Government Buildings
Suva, Fiji
Tel: (679) 315-280
Fax: (679) 304-917
Divisional Registrar
Western Division
P.O. Box 440
Lautoka, Fiji
Tel: (679) 655-132
Fax: (679) 668-077
Individuals must be 18 or older to obtain a marriage license and at least 16 with parental consent. A medical exam is not required and for non-residents, there is no waiting period. Picture ID such as a driver's license and your Social Security card or a valid passport number or I-94 card is required. If previously married, the date of divorce or date of spouse's death must be supplied. If the divorce or spouse's death occurred within the past 30 days, a certified copy of the divorce decree or death certificate is required. Once issued, the license is valid for 60 days. Couples are offered a pre-marriage class, which reduces the cost of the license; cost varies, but generally $56-$90, contact your County Clerk’s office for specific information.
If an individual is under 18 years of age, but older than 16 years of age, a marriage license can be obtained with parental consent. If a parent has sole custody or the other parent is dead, the permission of one parent is sufficient. If a person is under the age of 16, the marriage license has to be issued by a county judge, with or without parental permission. If a minor's parents are both deceased and there is not an appointed guardian, he/she may apply for a marriage license. A minor who has been previously married may also apply for a license. A minor who swears that they have a child or are expecting a baby, can apply for a license if a written statement from a licensed physician has verified the pregnancy. A county court judge may at his/her discretion issue or not issue a license for them to marry.
Two valid forms of id such as drivers license, birth certificate, passport is required. Individuals must be 18 or older to obtain a marriage license and at least 16 with parental consent. No medical exam or waiting period is required. Once issued, the license is valid for 30 days. Cost varies, but generally $50, contact your County Clerk’s office for specific information.
Males and Females under 18 must have written consent from parents, legal guardians or family court. Males and females at age 15 may marry with the written consent of either parents or legal guardian and the written approval of the judge of the family court.
Original Birth Certificates.
Valid 10 year passports.
Full names, addresses and occupations.
If single - an affidavit from your Solicitor confirming your are single and free to marry.
If single and being married by a minister - a letter from your minister stating your denomination and that you are single and free to marry.
If divorced - Decree Absolute with court stamp.
If the bride has been divorced less than 10 months before the wedding then a locally obtained medical certificate stating she is not pregnant must be presented.
If widowed - Death Certificate of former spouse and previous Marriage Certificate.
If name has been changed by Deed Poll - legal proof stamped and signed by a solicitor. This also applies if a married woman has reverted back to her maiden name.
Minimum residency before wedding - 3 working days.
Minimum age to marry without parental consent is 18 years old.
Individuals must be 21 or older to obtain a marriage license and at least 16 with parental consent. You need to know your social security number, too! Your divorce must be final. You need to know the date (month, year) of your divorce, and the location (city and state) where you were divorced. There must be one witness and divorced persons must provide the date of the divorce and the city and state where it was granted. No medical exam or waiting period is required. Common law, proxy and first cousin marriages are not allowed in Nevada. Cost varies, but generally $45-$65, contact your County Clerk’s office for specific information.
If you are 16 or 17 years old, you must have one parent or legal guardian present. A notarized written permission is also acceptable. It must be written in English and needs to state the name, birth date, age of the minor child, along with the relationship of the person giving consent. The notary must note that the parent or guardian personally appeared before or was subscribed and sworn to. If you are under 16, marriage can be authorized only by court order when either parent or legal guardian has filed the request.
If either applicant is under 14 years of age, a marriage license cannot be issued. If either applicant is 14 or 15 years of age, such applicant(s) must present the written consent of both parents and a justice of the Supreme Court or a judge of the Family Court having jurisdiction over the town or city in which the application is made.
If either applicant is 16 or 17 years of age, such applicant(s) must present the written consent of both parents. If both applicants are 18 years of age or older, no consents are required.
One parent alone may consent to a minor's marriage if: The other parent has been missing for one year preceding the application; The parents are divorced and the consenting parent was given sole custody of the child when the divorce decree was awarded; The other parent has been judged incompetent; or the other parent is deceased. Parents, guardians or other people consenting to the marriage of a minor must personally appear and acknowledge or execute their consent before the town or city clerk or some other authorized official. If the notarized affidavit is made before an official outside of the State of New York, it must be accompanied by a certificate of authentication when the consent is filed in New York State.
A marriage may not take place in New York State between an ancestor and descendant, a brother and sister (full or half blood), an uncle and niece or an aunt and nephew, regardless of whether or not these persons are legitimate or illegitimate offspring.
The Officiate of a marriage ceremony is required by law to return the completed "Affidavit, License and Certificate of Marriage" within five days succeeding the date of the ceremony. Failure to do so may result in a penalty of not less than $25 nor more than $50 for each and every offense.
To be legal, all marriages must be performed by a French civil authority, i.e., an officier de l'etat civil, BEFORE any religious ceremony takes place. In practice, this means that all marriages must be performed by the mayor (mairie) or his legally authorized replacement, such as a deputy mayor (adjoint) or a city councilor (counseiller municipal), of the town in which one of the parties to be married has resided for at least forty (40) days immediately preceding the marriage. All Australians marrying in France must comply with this requirement.
At least one of the contracting parties must have resided in France for forty (40) days continuously prior to the marriage: The mairie of town where the civil ceremony takes place is dictated by the place of residence. If both of the parties to the marriage meet the residence requirement, but resided in different districts, the civil ceremony may take place in either district of residence. The 40-day residence requirement cannot be waived.
French law also requires the posting of marriage banns at the appropriate mairie no less than ten (10) working days proceding the date of marriage. The first publication of the banns can be made only at the end of thirty (30) days of residence in France by one party to the marriage. Only in very exceptional cases can this requirement be waived by a French authority (the Procureur de la Republique for the district in which the marriage will take place).
It is recommended that the parties consult with the Bureau des Mariages (Marriage Bureau) at the mairie as soon as possible to discuss documentary requirements, marriage announcements, etc.
A religious ceremony may be performed only AFTER (never before) the civil ceremony. The minister, priest, or rabbi performing the religious ceremony will require the certificate of civil marriage (certificant de celebration civile) as proof that the civil ceremony has taken place.
Most mairies in France require some or all of the following documents:
1) A valid passport or a French residence permit (carte de sejour)
2) a certified copy of birth certificate (extrait d'acte de naissance);
3) affidavit of marital status or certificate of celibacy (declaration en vue de mariage);
4) affidavit of law (certificat de coutume);
5) medical certificate (certificat medical prenuptial);
6) certified copy of death certificate of deceased spouse of final divorce decree; if either party previously married.
Marriages in Vanuatu are recognised in Australia, New Zealand, the United States the United Kingdom and most other countries.
Unlike Fiji, couples do not have to attend the registry office in person so documentation can be mostly organised prior to departure. Couples do have to be in Vanuatu for three days prior to the ceremony however. Final documentation will take place during this time and it is also handy for the bride and groom to meet the wedding coordinator and choose a location.
Three weeks prior to the ceremony, the following must be faxed for filing:
As a rule, wedding bookings are not accepted on a Sunday, religious or national holidays, but there can be exceptions. Some resorts stipulate documentation must arrive 8 weeks prior to the ceremony but that is more for their own coordination than any legal reason.