Welcome to the enchanting land of Guatemala, where love finds its way into the hearts of people worldwide. Many couples choose not to have a legal marriage ceremony during their destination wedding to avoid the exportation of documents. However, if you are considering obtaining your marriage license in this picturesque country, it's essential to understand the legal requirements and procedures for both locals and foreigners.
General Provisions
In Guatemala, the Civil Code provides the basis for marriage under Title II, Chapter I. However, this code only recognizes traditional marriage and does not allow for polygamy or Marriage Equality. Despite this legal framework, the country is open to celebrating LGBTQ+ unions and offers alternative options such as Mayan Weddings.
Requirements for Marriage in Guatemala
Legal Age and Authorization:
The legal age for marriage is determined by the majority of age which is 18 years. However, individuals below the age of 18 may marry under specific conditions.
Authorization and Documentation:
Both parties must provide their original and photocopy of the personal identification document (DPI for locals and passport for foreigners).
Recent original birth certificates of both individuals.
Medical certificates for both partners that state they are free from contagious diseases or physical disabilities hindering procreation. This requirement is waived if the couple already lives together or has children.
Each party must present the current year's fiscal solvency document (boleto de ornato).
In the case of widows/widowers or divorced individuals, relevant information should be included in the birth certificate and DPI.
After the civil marriage ceremony, a certificate will be issued, and it must be registered in the RENAP (National Registry of Persons) to obtain the official marriage certificate.
Notes for foreigners
Foreign birth certificates and documents from abroad require a special validation process usually solved with an apostille. Contact a local lawyer to evaluate your case.
Certificate of single status. If your birth certificate does not indicate your marital status, you may need to obtain a different type of certificate. For example, Americans may need an Affidavit of Eligibility to Marry. It's best to hire a local lawyer to help you with the specific requirements in your case.
Foreigners getting married in Guatemala must publish an announcement in the official newspaper for two weeks to ensure no obstacles exist.
Proof of residency might be required before proceeding with marriage arrangements.
Civil Marriage Procedure:
1. Selection of Officiant:
Civil marriages can be officiated by the municipal mayor, council member acting on their behalf, or a notary legally authorized for such ceremonies.
2. Submission of Documents:
The couple submits the required documents to the competent authority, who verifies their authenticity and eligibility to marry.
3. Ceremony and Legalization:
The officiant reads the relevant articles from the Civil Code to the couple.
Both parties explicitly express their consent to marriage.
The marriage act is accepted and signed by the spouses and witnesses, with fingerprints added if necessary.
The officiant issues a marriage certificate immediately after the ceremony.
4. Requirements for Registering Your Marriage in RENAP:
The marriage certificate should be registered promptly in the RENAP for official documentation
Certified Copy of the Marriage Certificate: Obtain a certified copy of your marriage certificate, which should clearly state whether prenuptial agreements were made and, if so, identify the document where they are recorded, along with the adopted economic regime.
Form Provided by RENAP: Complete the specific form provided by RENAP for marriage registrations. This form is essential for the accurate recording of your marital details.
Additional Documentation (if applicable): Depending on the type of registration or annotation, you might need additional documents. Ensure you have all necessary paperwork as per the guidelines provided by RENAP.
Payment Confirmation: Obtain a payment receipt confirming the payment made for the late registration, if applicable. This payment is necessary for inscriptions made after the designated timeframe.
Régimen Económico del Matrimonio (Economic Regime of Marriage):
Couples can establish their economic regime through a prenuptial agreement (capitulaciones matrimoniales) either before or during the marriage ceremony. Such agreements should be in writing and can cover aspects like property ownership, income, and financial responsibilities within the marriage.
If you want to study a more in-depth approach of the Economic Regime of Marriage in Guatemala, these articles provide the legal framework for understanding the economic regime of marriage in Guatemala, allowing couples to choose the most suitable arrangement for their individual circumstances through prenuptial agreements or default rules as outlined in the Civil Code:
Article 119: This article establishes the default economic regime in Guatemala, which is the participation in acquisitions (participación en las adquisiciones). According to this regime, each spouse retains ownership and management of their individual property acquired before the marriage. However, any property acquired during the marriage is considered joint property, and both spouses have an equal share in the acquisitions made during the marriage.
Article 122: Article 122 of the Guatemalan Civil Code allows spouses to choose a different economic regime by entering into a prenuptial agreement (capitulaciones matrimoniales) before getting married. In this agreement, the spouses can specify the economic regime they prefer, such as separation of property or any other arrangement that suits their needs.
Article 123: Article 123 states that if spouses do not make a prenuptial agreement, they will be subject to the default regime of participation in acquisitions, as mentioned in Article 119.
Article 124: This article explains that in the case of a separation of property regime, each spouse manages and disposes of their property independently. They are not responsible for the debts of the other spouse unless they have given their consent or acted as a guarantor.
Article 125: Article 125 outlines the rules for the participation in acquisitions regime. It states that all acquisitions made during the marriage, regardless of the source of funds used, belong jointly to both spouses. In case of divorce or separation, the joint property is divided equally between the spouses.
Article 127: Article 127 specifies that any property that is inherited or donated to only one spouse during the marriage is considered their individual property and does not become joint property, regardless of the chosen economic regime.
Article 128: This article addresses the division of property in case of the death of a spouse. If there is no prenuptial agreement specifying a different arrangement, the surviving spouse is entitled to a one-half share of the property acquired during the marriage. The other half is distributed among the deceased spouse's heirs.
Article 130: Article 130 explains that the economic regime chosen by the spouses is binding not only between them but also concerning third parties, meaning that their chosen regime affects how their assets and liabilities are perceived in legal and financial contexts.
Getting married in Guatemala is a memorable journey. Understanding the legal requirements and following the proper procedures ensures the law recognizes and protects your union. Embrace the beauty of Guatemala while embarking on this wonderful chapter of your life. Feel free to ask any specific questions or need further assistance during your Q&A session. Happy planning!
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