What Are The Legal Aspects Of Overseas Marriages?

The connotation of marriage in all the societies of the world cannot be better overemphasized; it is both a sociocultural and legal phenomenon. When foreign internal or external cultural factors (people) decide to marry overseas, a host of international laws and conventions come into being. For the reasons of recognition of the marriage in the particulars’ state of celebration as well as in the states of domicile of married individuals, it is essential to research how the law concerns any options or obstacles to marriage by the parties in the foreign country.

Overseas Marriage: About

• Marriage in foreign land is defined as marriage in any other country where one or both parties to the marriage do not hold citizenship or residency. 
• This type of marriage is usually characterized with international or destination wedding but can also happen where an individual on obtaining residence decides to get married in that particular country for personal, cultural or legal reasons.

Legal Aspects of Overseas Marriages

Jurisdictional Requirements:

• Minimum age requirements: For example, in most of the countries, the minimum age in which a person can marry is eighteen years but there is also a provision of a waiver that allows marriage when a person is less than eighteen years with the consent of the parent or judicial officer.
• Proof of single status: Many states ask for a “certificate of no impediments” to ensure that neither spouse is already marry.
• Residency requirements: Some states require a certain period of residence before the marriage ceremony takes place.

Only civil marriages are recognize as legally valid in certain states. Custom marriage practice may be accept in some countries but not in other countries.

Documentation and Formalities:

Authentication and preparation of important documents is a key step in the process of planning for a marriage outside the nation. Some of the documentation that is often require includes the following:

• Identity Related Documents: A marriage identification or other similar documents such as the parties’ passports, birth certificates and residency address status are usually request for identity verification of both parties.

• Documents Showing the Absence of an Existing Marriage: Death certificates, annulment papers or other forms of documents have to be provided by the parties to show that both are single.
• Translation and Legalization: When documents are issue in a foreign language, and that foreign language is not the official communication language within the jurisdiction, such documents have to be translate and certify. Also, other countries also put a requirement that documents also be legalize by way of an Apostle in accordance with the Hague Apostille Convention or by a Consular Office.
• Marriage License: In certain regions or places the couple will be require first to obtain a marriage license before carrying out any wedding ceremony. Adverse processing timelines and conditions may apply hence the need for prior arrangements to be make.

Recognition of Marriage in the Home Country:

A single consideration stands out among the numerous legal aspects we must think about how likely it is that the marriage will be consider valid in the country where the couple comes from. This factor is most often condition by the following:

• Local legislation: Generally, marriage has to conform to the requirements of the place where it is celebrate.
• In the home country: Some nations have additional requirements for the acceptance of foreign marriage jurisdictions, such as the consular registration of marriages.
• Marriage within forbidden degrees: Even if a marriage is valid in one state, it will be annul in another state if it is within degrees of affinity or consanguinity, as well as marriages that are against public policy.

For instance, multiple matrimonial alliances are not recognize by many countries within the Western territories, even if they are permit by the existing laws of the respective local region.

Conflict of Laws:

Getting marry outside one’s place of residence, means getting into a relationship that may have some law relate questions some of them being:

• Benefits of foreign marriage: Foreign marriages, especially those that involve a foreign partner can pose challenges even in the dissolution of a marriage especially where children are involve.
• Dual legal systems: In countries such as India, Hindus can perform marriages according to their customs or register them under the ordinary marriage act. This may pose problems where one objective is to export the legal system of one so called ‘civilized’ country to a ‘backward’ country. 

Knowing which law applies in which situation may be a sufficient remedy in many cases and could save many potential conflicts and make clear the rights and duties of the parties to the relationship.

Implications for Citizenship and Residency:

When a citizen marries a non-citizen, quite often the question of the spouse’s citizenship and residency arises, especially in cases when the couple wishes to settle in one partner’s country of origin. Such issues may include the following legal considerations:

Spousal Visas

Most countries provide spousal visas, permitting the foreign spouse(s) to work and live in any country. The act of obtaining such visa generally involves:

• Proving that the marriages are genuine.
• Having the requisite income or maintenance level.

Path to Citizenship

In some nations, marriage can lead to nationality but the criteria differ. Aside from meeting residence requirements, there can be a need for proving that the couple existed, through interviews or other evidence.

Dual Nationality

While some countries may grant dual citizenship to a husband and wife, other countries may impose an obligation to abandon citizenship of the spouse. It is therefore necessary to be aware of the stance take by both nations.

By grasping the requirements of jurisdiction, obtaining the necessary paperwork, and deliberating on the legal issues across borders, couples can assure their marital status and remain with rights protection. It is very important for intending couples to seek legal advice and put in measures beforehand if they want to have a successful marriage that will be acknowledge by law.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.