It is possible that at some point there may be an opportunity to marry a foreign national and celebrate the marriage in Guatemalan territory.
Our legislation, specifically the Civil Code, establishes that marriage is a social institution whereby a man and a woman legally join, with the intention of permanence and with the purpose of living together, procreating, supporting, educating children, and assisting each other.
Marriage must be authorized by a Guatemalan Notary Public And the same requirements as in the case of two Guatemalan spouses must be met. However, in addition to these, it is necessary to take into account certain special procedures and requirements, which we explain and detail below to initiate the process.
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Collection of Documents from the Contraveners
To be able to start the marriage process, it is necessary to obtain certain personal documents from each of the betrothed:
A) OF THE NATIONAL GROOM/BRIDE
- Birth certificate, issued by RENAP.
- Personal Identification Document
- Medical certificate stating that the person does not suffer from an incurable contagious disease detrimental to the other spouse or offspring, or that they do not have physical defects that impede procreation.
- If you were a widower or divorced, this circumstance must be stated on your birth certificate.
- Names of the parents and grandparents, if known.
- Proposed witnesses.
B) OF THE FOREIGN PARTY TO THE MARRIAGE
- Birth certificate and Certificate of single status
Both must be issued by the civil registry of the foreigner's country of origin and must be duly apostilled. If these documents are in a language other than Spanish, they must have their proper sworn translation.
- Medical certificate stating that the person does not suffer from an incurable contagious disease detrimental to the other spouse or offspring, or that they do not have physical defects that impede procreation.
- Valid passport
- Names of the parents and grandparents, if known.
- Proposed witnesses.
- Publication of edicts in the official gazette and another of wider circulation for a period of 15 days.
- Celebrate marriage contracts with a Guatemalan notary.
MARRIAGE AGREEMENT
Prenuptial agreements are mandatory when a woman marries a foreigner, and according to our legislation, they are agreements entered into between the betrothed for the purpose of establishing and regulating the economic regime of the marriage.
These must be celebrated before Guatemalan Notary Public and in a public deed, and shall include the detailed designation that each of the spouses has upon contracting marriage; a declaration of the amount of personal debts, and an express declaration that they will adopt the regime of community property, absolute separation, or absolute community.
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Community property regime
It is the most common in Guatemala, and it is one in which each spouse pools and divides equally the benefits obtained during their common life, and therefore, once separation occurs, it will be split in half between them.
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REGIME OF ABSOLUTE SEPARATION
It consists of the separation of each spouse's assets, therefore, debts incurred by one of them are the responsibility of each individual's assets.
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ABSOLUTE COMMUNITY PROPERTY REGIME
In the regime of absolute community, all assets contributed to the marriage by the spouses or acquired during the marriage, belong to the marital estate and will be divided equally upon dissolution of the marriage.
