Marriage in Costa Rica: ☎️ Legal Requirements and Information.
So, you are thinking about getting married in Costa Rica! Congratulations! Our law firm is comprised of family attorneys in San José, and we will gladly assist you with your marriage in Costa Rica. Our country is beautiful, and having a civil marriage is easy; however, there are several legal requirements you must take into consideration. We will gladly officiate the wedding if you are considering getting married in Guanacaste, Puntarenas, or any other province, even though our legal offices are in San José.
If you don´t understand Spanish, as notary publics fluent in English, we will translate the marriage act. This avoids having the marriage declared null and void. This is why it´s essential to hire an attorney fluent in English. If the translation is not done properly, you run the risk that the Costa Rican marriage be rendered null and void. But don´t worry! I am a fluent bilingual attorney and notary public, so your marriage will be ironclad.
How much does the wedding in Costa Rica cost?
A simple wedding in our legal offices in San José, Costa Rica, has a determined price. Prices vary if you wish us to officiate the marriage in other provinces, such as Guanacaste, Puntarenas, or Limón. All prices include the marriage act itself, the affidavits, and the proper registration in the Civil Registry. If you need apostilled certifications to have the marriage registered in your country, this can also be arranged. Contact us for more information.
What are the key legal requirements for marriage in Costa Rica?
1. Be of legal age to get married.
The legal age to get married in Costa Rica is eighteen. Under our legal system, you are an adult once you reach 18. This is also the legal age to drive in Costa Rica.
2. Have legal aptitude to marry in Costa Rica.
The couple must have legal aptitude for the marriage. This means, that both of you must be single, divorced, or widowed. Bigamy is illegal and renders the marriage null and void. It´s also a crime.
3. Be of sound mind.
In order for the marriage to be valid, both parties must comprehend the implications of getting married in Costa Rica. They must understand and freely give their consent.
4. Bring witnesses.
Two witnesses who know you and can attest to your legal aptitude to marry, are required. We can´t provide them for you, they must be people that know you.
5. Have valid identifications and sign affidavits.
Foreigners must provide valid identification, such as a passport, which they must provide to the notary public upon his request. Affidavits will also be drafted and signed.
How is the marriage carried out?
A Notary Public must officiate marriage in Costa Rica. We have a “record book” which is used for all notarized acts and is given to all notary publics by the State of Costa Rica. We call this ledger the “Protocol.” Both the affidavits are written, read, and signed in this ledger, and the marriage acts as well. The marriage is first read in Spanish, and then in English. You both say your vows and your verbal consent. All legal implications are explained, and then, if you agree and consent, you sign the ledger, and thus, the marriage is consummated.
After officiating the marriage, we will register the marriage act in the Civil Registry of Costa Rica. This is done to inform third parties of the union publicly. Registration is essential and can take up to 22 days. Once this is done, we can provide you with an apostilled certification so that you can register your marriage in your country. You will also be able to acquire online certifications from the Civil Registry of Costa Rica.
Marriage Prohibitions and imposibilities:
Marriages are impossible in the following scenarios only:
- Between people who are still married, no matter how long they have been separated. This is called "bigamy", and renders the marriage null and void.
- Between family descendants by consanguinity or affinity.
- Between siblings.
- Between the adopter and the adoptee. This prohibition extends to the adoptee´s descendants.
- Underage people (under the age of 18).
Want a prenup agreement?
Can a foreign marriage be registered in Costa Rica?
As a marriage lawyer, I can register the ones celebrated between foreigners in Costa Rica. This means that we can´t register a marriage between foreigners that has been celebrated abroad. There are two exceptions:
1. When two foreigners are married by the Costa Rican consul.
2. If the marriage is done abroad, but one of the spouses is a Costa Rican citizen. In these two cases, the union celebrated abroad can be registered in our Civil Registry.
What legal effects occur after getting married in Costa Rica?
1. Your civil status will change.
If you are divorced, widowed or single, your civil status will change to married. This change will occur once the marriage is duly registered in the Civil Registry of Costa Rica.
2. Assetts can be considered marital in case of divorce.
From the moment you marry, all assets that are acquired during the marriage will be considered marital assets. This has implications in the case of a divorce in Costa Rica. Exceptions do exist for those assets acquired through a donation, an inheritance, or by winning the lottery. Those acquired before the marriage, or during a spousal de facto separation, are not marital either. Special care must be taken, when considering placing marital assets in a corporation. If you wish to avoid the consequences of marital assets, you can sign a prenuptial agreement clause that can be inserted in the marriage act itself.
3. Spousal alimony.
The right to spousal alimony, in case there is need for it, and an economic dependence on the other, has its roots in the act of marriage. This right can´t be forfeit.
4. The right to inherit.
If no last will and testament is enacted, the living spouse has a right to inherit, in equal rights with the children and parents, from the estate of the deceased.
What forms of marriages exist in Costa Rica?
There are two types of marriages in Costa Rica. First and foremost, you have the weddings officiated by a priest of the Catholic Church. These are performed under “Canonical Law” called “Ecclesiastic Marriages.” Costa Rica is mostly a catholic country, and marriage officiated by the Church is considered a sacrament and a holy union. Under canonical law, the Church is authorized to marry people only once “until death does us part.” The marriage monopoly by the Church used to be a problem if you were divorced and wished to remarry. You couldn´t.
A second for of marriage, such as the ones we do as notary publics, are civil marriages. These are officiated by a civil authority per the laws of the land. In the case of Costa Rica, civil marriages are performed by a Notary Public, such as myself. Finally, even though it´s not considered a formal marriage per-se, a civil partnership or “common law marriage”, has exactly the same legal effects as any marriage.
As a marriage attorney, can you tell me what the end goal of marriages in Costa Rica is?
The end goal of civil marriage in Costa Rica is to establish a life in common between the spouses. It is not procreation. When family law in Costa Rica began, a “nuclear family” was understood as one comprised of a father, a mother, and children. However, the term has been modified with time to encompass different kinds of families. For example, a single parent and their child are a family. So if you ask me what the end goal of a marital union is, it will depend. On the one hand, in the eyes of the Catholic Church, marriage is a sacred sacrament. It’s a holy union that promotes the traditional family (man and wife) and has procreation as an end goal.
However, procreation is not essential to civil institutions, and the conventional concept of a family has been amplified. So, on the other hand, you have civil marriages that do not care for procreation but rather a life in common. Article 11 of the Family Code specifies, “Matrimony is the essential root for a family, and its essence is life in common, cooperation, and mutual help.” So if you are divorced or want to have same-sex marriage, you are pursuing a life in common, which is the vision of family law.
Is same sex marriage legal under Costa Rican laws?
Yes. Same-sex marriage in Costa Rica has been legal since May 26th, 2020. The Supreme Court declared the pre-existing prohibition in the Costa Rican family code as unconstitutional. This is a civil disposition, an example of a recent separation between Church and State. Civil marriage encompasses “life in common,” and a “family” is now understood beyond its traditional sense.
How can we register our marriage in our country? Can you do this as a marriage lawyer?
Once the marriage in Costa Rica is registered, I will give you an apostilled certification. With this certification, you can visit the corresponding embassy and request the union to be registered in your country. Alas, this personal procedure varies from country to country, so you would have to do this by yourself. Powers of attorney can´t be used for this.
Can I marry through proxy, with a power of attorney?
Yes. You can marry through power of attorney. However, the law specifies that an “exceptional power” must be used. In Spanish, it is called a “poder especialisimo.” These types of powers can also be used for divorce by proxy.
Civil marriage requirements in Costa Rica are simple.
As you can see, getting married in Costa Rica is relatively easy. Same sex marriage is legal and welcome in Costa Rica. You will get a valid and lawful matrimony by hiring me to officiate your wedding. Then, I will file it for registration and set up the apostilled documents for your country. So, you should get married in Costa Rica, and be on your way to a happy future!
Dr. Christopher Pirie.
Marriage attorney at law and notary public.