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What are the requirements for marriage between an Argentine and a foreigner?

Cariba

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What are the requirements for marriage between an Argentinian and a foreigner? - Getting married in Argentina​


It is known that love knows no borders. If you are in the case of managing a marriage between an Argentine and a foreigner, translations of documents are added. Find out about the requirements to take the big step if someone is a foreigner.

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Nowadays it is very common for people of different nationalities to get together to form a couple and then get married. One of you may be living abroad and meet the love of his life. It is also very common for foreigners to choose our country as their place of residence. The civil procedures between Argentine and foreigners are similar to the current ones, with the addition of apostilled and translated documentation. Let's review the requirements to get married in Argentina as a foreigner .

1. Requirements to get married civilly in Argentina
2. Requirements for marriage with binding divorce in Argentina
3. Requirements for foreigners divorced abroad
4. Witnesses
5. Public translator, language
6. Special case of marriage of foreigners in transit


1. Requirements to get married civilly in Argentina​

  • Your names, surnames, ID and valid passport .
  • In the case of a marriage between an Argentinean and a foreigner, the address of the resident person is recorded and a valid passport is requested from the other member of the couple to complete the documentation.
  • Age, nationality, place of birth, address and profession of yours.
  • The names and surnames, nationality, identity documents, address and profession of your parents.
  • ID of witnesses . They need the presence of 2 witnesses if the ceremony is held in the official premises, but if it is celebrated outside this space, they must have 4 witnesses.
  • Declaration of marriage agreement or separation of property if they have taken those options (art. 420, Civil Code).

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2. Marriage requirements with binding divorce in Argentina​

If you have been married before, the name and surname of your previous spouse, the place of marriage and the cause of its dissolution. The original certificate of the previous marriage is presented with a marginal note of the divorce .

3. Requirements for foreigners divorced abroad​

  • Marriage certificate with marginal note of the divorce. It must be translated and legalized (apostilled or stamped by the Ministry of Foreign Affairs). If you do not have a marginal note, you must go to the Consulate of the country of origin and ask for proof that proves it.
  • Testimony of the divorce decree translated and legalized.
  • This procedure begins with an administrative file and culminates with a provision that authorizes or not, depending on the case, marriage between an Argentine citizen and a foreigner divorced abroad.
  • In the event that the foreign person cannot attend to start the procedure, they must present a power of attorney that authorizes a third party.
  • Authorization and notification may take 2 months.

4. The witnesses​

To get married in Argentina as a foreigner, the presence of witnesses meets the same usual requirements. They must be of legal age and present a valid DNI and registered address in the Argentine Republic . The witness documents are added to the marriage file and, done in this way and celebrated in the official venue, the service has no costs.

5. Public translator, language​

Among the requirements to get married in Argentina, if one of the bride and groom does not have knowledge of Spanish, on the wedding day they must be assisted by a licensed public translator who will act as an interpreter. If there is not one in the city, then the participation of a professional interpreter is also useful, which will be recorded.

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6. Special case of marriage of foreigners in transit​

To carry out a foreign marriage in Argentina with both non-resident members, a valid passport, a valid visa and a certified photocopy of the passport or official immigration document are required, which must contain a reference address and a minimum period of stay. Two witnesses must be appointed without the need to prove address. The requirements are simple and common to all provinces in the country:

  • Stay at least five days in the chosen city/province at a verifiable address.
  • Present identity documents (neighboring countries) or passport (other countries) stamped upon entering the country.
  • Appoint two witnesses , without the need to prove address.
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Once you meet all the requirements to get married in Argentina, you will be one step closer to sending your wedding invitations. In particular situations that are not contemplated here and generate more doubts, turn to a legal advisor who can guide you.

Prenuptial analysis: everything you need to know about this requirement for civil​

Although in some provinces it is no longer a mandatory requirement and future spouses are exempt from presenting it, others maintain the formality of prenuptial studies. The modification of the Civil Code in force since 2015 eliminated this obligation.

Submission of prenuptial tests used to be a mandatory requirement. It is currently optional in many provinces , after modifications to the Civil Code. In the final stretch of wedding preparations comes the time to request an appointment at the Civil Registry. We tell you everything you need to know about this pre-marriage instance and its legal framework.

1. Legal framework​

Prenuptial examinations are protected by National Law No. 12331 of 1937 , which was sanctioned for the creation of the Institute for the Prophylaxis of Venereal Diseases. The art. 13 establishes that “health authorities must promote and facilitate the performance of prenuptial medical examinations.” In the first three decades, the mandatory rule was only applied to the male population. In 1965, National Law No. 16668 extended it to the female sex.

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2. According to the Civil Code​

The Code prior to 2015 had incorporated the obligation to present the prenuptial medical certificate through Law 23515, which modifies several articles related to marriage. Although this law was not repealed (nor was the prophylaxis law), the new Code specifically regulates the celebration of marriage and, on the other hand, National Law 26413 on the Registry of Civil Status and Capacity of Persons provides in art. 52 that “the marriage will be celebrated in the manner established in the Civil Code, and the couple must present themselves equipped with the necessary documentation before the competent authority to celebrate it.”

3. Currently​

In CABA and in several provinces, the State exempts future spouses from the obligation to present prenuptial certificates , adapting the current procedures to the Civil Code and the requirements established in art. 416 to get married (in which this certificate is not requested). Each jurisdiction is modernizing within the framework of National Law 26413, which is stated in art. 2 that each civil registry will be organized by the provincial and city governments themselves. Then, each province joins the changes of the new Civil Code, according to its own structures and progressively.

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4. Purpose of the prenuptial certificate​

The standards aim to identify the population that suffers from sexually transmitted diseases, but they are also marked by the time in which they were developed. Currently and due to cultural changes and respect for individual rights, prenuptial analyzes are no longer mandatory in several provinces. However, the offices inform that the procedure is voluntary for those couples who choose to present them , who must complete the relevant clinical and laboratory examinations with a date no later than 7 business days before the wedding celebration. The form will then be returned to the Civil Registry no less than 3 days before the date established for the marriage.

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5. What analysis does the prenuptial exam include?​

The serological test focuses solely on the detection of syphilis . The medical examination for civil marriage measures present antibodies produced if the patient comes into contact with the bacteria that causes the disease. Today syphilis continues to constitute a global problem, despite the prophylactic measures established. On the other hand, the exam does not include other tests for sexually transmitted diseases , unless specifically requested.

6. In which provinces it is not mandatory​

In 2018, the obligation to present prenuptial analyzes was eliminated from the regulations for getting married in the City. In provinces such as Buenos Aires, Chaco, San Juan, Santa Cruz, Salta, Mendoza, Santiago del Estero, Misiones, Tierra del Fuego, Santa Fe, Córdoba and Entre Ríos, it is not mandatory either.

In short, in some provinces they can choose to present prenuptial analyses. In the complete guide on civil marriage , you will find all the requirements to get married civilly in Argentina.


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This is excellent @Cariba. I was just wondering about this. Does anyone have any advice if it would be better for me as a US citizen to get married in Argentina or the USA? Is one easier than another for me to get my permanent residency in Argentina or a spouse to get a green card in the USA? Inquiring minds want to know....
 
This is excellent @Cariba. I was just wondering about this. Does anyone have any advice if it would be better for me as a US citizen to get married in Argentina or the USA? Is one easier than another for me to get my permanent residency in Argentina or a spouse to get a green card in the USA? Inquiring minds want to know....
I don't know if there is any advantage for Permanent Residency purposes getting married in one country vs. another @fool in love. I will post about my experience but that might have changed since I got married in Buenos Aires almost 17 years ago.

I'm a USA citizen like you and I already had my DNI and permanent residency in Argentina by the time I got married. My wife also had been living in Argentina for several years and already had her DNI and permanent residence in Argentina but she was not from Argentina. We had 2 kids that were born in Buenos Aires as well after we got married that immediately got an Argentina passport and we applied at the USA Embassy and very quickly got USA passports for them as well. I was amazed how quickly the process was to get a USA passport for them. (I only mention this in case you are thinking of having more kids. You mentioned your girlfriend is in her early 30's so this may or may not be applicable).

After we got married in Buenos Aires, we applied to the USA Embassy in Buenos Aires for my wife's green card and the process was very quick and easy. To be fair, I will point out that the USA Embassy was a big client of mine and we were housing many of their Diplomats when they came to Buenos Aires as well as several employees that worked there so I already had a relationship with them but I'm not sure how much that expedited the process.

We went in for one meeting and they approved her green card very quickly. Again, I'm not sure if this is the norm or not. She got her Permanent Residency card for the USA and we moved to the USA a few years after that. After a few years of living in the USA, she got her USA Passport. I doubt you'd have any issues at all and maybe others can chime in if one country is better to get married over another.
 
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