Validity of Foreign Marriage

If you were married in a foreign country the validity of your marriage will depend on what state you currently live in and whether the laws of the country in which you resided at the time you were married were followed. (Reference Material)

Some of the requirements you might encounter are:

• • Parties must be resident in that country for a specified period of time before a marriage may be performed there.
  • Blood tests.
  • Minimum age for the parties who are being married.
  • Parental consent.
  • Documents certifying the end of any previous relationship (such as death or divorce certificates), translated into the local language, and authenticated.
  • Affidavit of Eligibility to Marry: Some countries require an affidavit by the parties as proof of legal capacity to enter into a marriage contract. No such government-issued document exists in the United States. You may execute such an affidavit at a U.S. embassy or consulate. The U.S. embassy or consulate cannot attest to your marital status. However, most countries will accept a statement from you regarding your ability to marry if your signature on the affidavit has been notarized by a U.S. consular officer. (Reference Material)

The State of California will recognize a foreign marriage only if it is valid in the foreign country, “A marriage contracted outside this state that would be valid by laws of the jurisdiction in which the marriage was contracted is valid in California.” ( Cal Fam Code § 308)