Lesbian & Gay Guide to Getting Married Abroad: Part 1
Same-sex marriage is now legal in 16 countries, 19 US states and a handful of foreign districts. Giving lesbians the option of having their wedding ceremony overseas is another small but steady step on the road to equality. More importantly, as gay marriage is now legal in the UK, it means that a same-sex marriage will be recognised by the government in this country, too. Sadly, this wasn’t the case before.
As same-sex marriage becomes legal in more and more countries, we should see a greater range of potential destinations and foreign services. At the moment however, this is somewhat limited. Civil partnerships are offered in a much larger pool of countries, and if that’s something you’re willing to entertain, then you’ll more than double your destination options.
Getting married abroad is an exciting prospect because it adds something different, something unexpected and something exotic to what is already going to be a pretty special day. It’s easy to get blindsided by the planning and the fun stuff: the dresses, the shoes, the photography and the theme, but it’s so important that you do your research into the legal process. You’ll need to be prepared for the bureaucratic headache that often arises when we cross international borders. We’re not saying that it isn’t worth it. We’re just saying that incorrect documentation, poor certification or a legal misunderstanding could not only potentially ruin your day, it could cancel it completely.
This guide is in no way exhaustive and shouldn’t be treated as such. Neither is it legal advice. Think of it as an introduction to some of the potential requirements when organising an overseas wedding.
Any research you do should not be limited to a cursory google search or a yahoo answers page. Once you know the country you want, you’ll need to get in touch with local officials, organisations and your consulate or embassy for that country. These are the people best placed to help you. Gov.uk can help and they provide a list of lawyers, translators and organisations available throughout the world. You can find the list here:
www.gov.uk/government/uploads/system/uploads/attachment_data/file/308817/LDL__May_2014-.pdf - diplomatic list
Before you even begin searching, it’s worth remembering:
1. You have to marry in a country where the marriage laws are recognised by the UK. If you don’t, then your marital status will not be legal once you’re back home.
2. You will only be able to legally marry in a country where same-sex marriage has already been legalised.
3. No matter where you decide to marry, UK law will take precedence. You can’t marry multiple partners nor can you marry a close blood relative regardless of whether it’s legal where the marriage is taking place or not.
At present same-sex marriage is legal in: Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, The Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, Uruguay & in England & Wales. There are also 19 US states that will recognise same-sex marriage.
We’ve selected a few examples of the kind of demands you’ll need to satisfy in order to have a wedding in Argentina, Canada, France and Portugal. Be sure to pay particular attention to the residency requirements as these do vary. You’ll also notice that some countries require a medical and a certification of health before a license is given. This isn’t specific to gay couples and is required of any couple looking to marry in that country.
Argentina
No citizenship requirement
There may be a residency requirement for certain provinces. In Buenos Aires however, you’re able to marry after only 94 hours in the city.
To schedule the marriage at least one of you must go to the Town Hall 30 days before the ceremony is due to take place.
You’ll need passports as proof of identity and proof of legal entry into the country. Be prepared to prove that any previous marriage was either annulled or ended by divorce. If you’ve been widowed, then you need to take the death certificate. Some of these documents may require approval from an embassy, so contact the local authorities to check exactly what is required. Given the language difference, you will most likely be expected to have any documents translated.
7 days before the wedding, you will need to have a medical in order to be approved for marriage. Unfortunately, if either member is found to have venereal disease then you will not be able to proceed. HIV however, does not appear to affect this.
Canada
There is no citizen requirement
There is no residence requirement either
Either you or your partner will have to travel to obtain a marriage license in advance.
Identification papers: passports, birth certificates etc
There are no medical requirements
France
There is no citizen requirement
There is a residence requirement: you can marry so long as it’s been authorised by the mayor of the town and you need to have been living in that town for a period of at least 40 days. Once you’ve had 30 days of residence, the banns will be made public and after a couple of weeks, you’re free to marry.
The documentation that you’ll need will be: passports or residency papers, birth certificate, certificates of celibacy (available from the embassy), medical certificates and proof of address. There are other documents that may be required in addition to these, so contact the embassy to find out exactly what’s required.
You’ll need a medical, too, and from a practitioner approved by the embassy.
Portugal
There is no citizenship requirement
For the notice of the marriage to be approved, one of you will have to have lived in Portugal for 30 days previous to the application.
You’ll need the following documents: passports, birth certificates, certificates of non-impediment, divorce or death certificates to prove eligibility to marry. These must all be translated into Portuguese, too.
After giving notice of marriage then you must marry within 3 months
Before leaving the country you’ll also have to have it certified
Remember:
Research is absolutely vital. Find out everything about you can about where you’re getting married. Contact local officials so that you get first-hand expectations of what you need.
Don’t assume that getting married in the EU will mean less paperwork or less legal barriers and keep a close eye on those residency requirements.
If there’s a language difference then you’ll need to have any documents translated by a service that is approved by the consulate or embassy.
If you’re using an overseas wedding coordinator, then make sure they’re reputable and know enough about foreigners marrying in accordance with the local law.
Finally, don’t forget that you can live without the flowers or the table coverings on the day, but you can’t get married without the right certification.