It is possible that there may be an opportunity at some point to marry a foreign person and celebrate the marriage in Guatemalan territory.
Our legislation, specifically the Civil Code, establishes that marriage is a social institution by which a man and a woman unite legally, with the intention of permanence and for the purpose of living together, procreating, feeding, educating children and helping each other.
The marriage must be authorized by a Guatemalan Notary Public and the same requirements must be fulfilled as in the case of two Guatemalan spouses. But in addition to these, it is necessary to take into account certain procedures and special requirements, which we explain and detail below to start the process.
COLLECTION OF DOCUMENTS FROM THE CONTRACTING PARTIES
In order to initiate the marriage celebration process, it is necessary to obtain certain personal documents from each of the parties:
A) OF THE NATIONAL CONTRACTING PARTY
- Birth certificate, issued by RENAP.
- Personal Identification Document
- Medical certificate stating that the person does not suffer from an incurable contagious disease harmful to the other spouse or offspring or that he/she does not have physical defects that make procreation impossible.
- If he/she is widowed or divorced, this circumstance must be stated in his/her birth certificate.
- Names of parents and grandparents if known.
- Proposed witnesses.
B) OF THE FOREIGN CONTRACTING PARTY
- Birth Certificate and Certificate of Unmarried Status
Both issued by the civil registry of the foreigner's country of origin and must be duly apostilled. If such documents are in a language other than Spanish, they must be duly translated by a sworn translator.
- Medical certificate stating that the person does not suffer from an incurable contagious disease harmful to the other spouse or offspring or that he/she does not have physical defects that make procreation impossible.
- Valid passport
- Names of parents and grandparents if known.
- Proposed witnesses.
- Publication of notices in the official newspaper and another newspaper of major circulation for a period of 15 days.
- Enter into marriage contracts with a Guatemalan notary.
MARRIAGE CONTRACTS
Marriage contracts are obligatory when a woman marries a foreigner and according to our legislation, they are agreements that are granted between the contracting parties in order to establish and regulate the economic regime of the marriage.
These must be celebrated before a Guatemalan Notary Public and in public deed, and must include the detailed designation that each of the spouses has when contracting the marriage; declaration of the amount of the personal debts, and the express declaration that they will adopt the regime of community of acquisitions, absolute separation or absolute community.
-
COMMUNITY OF PROPERTY REGIME
It is the most common in Guatemala, and is in which each spouse puts in common and divides equally the benefits obtained during the life in common and, therefore, once the separation takes place, it will be divided in half between both spouses.
-
ABSOLUTE SEPARATION REGIME
It consists of the separation of the assets of each spouse, therefore, the debts incurred by one of them respond to the individual assets of each one.
-
ABSOLUTE COMMUNITY REGIME
In the absolute community property regime, all the assets contributed to the marriage by the spouses or acquired during the marriage belong to the marital estate and will be divided in half upon dissolution of the marriage.
