When planning a move abroad, few potential expats look into the intricacies of getting married, divorced or remarried in a foreign country. But as marriage laws may differ a lot in the country you are moving to, getting to know them beforehand can save you future troubles. Expats may run into a variety of challenges when navigating these laws abroad – and they may find themselves facing a collection of restrictions they never even knew existed.
Marriage and remarriage restrictions abroad
Let's take Saudi Arabia as our first example. When it comes to marriage, the rules in the country are particularly strict. This is especially true in a situation when a Saudi Arabian woman marries a foreign man. A woman must be at least 25 years old to marry a foreigner – and the maximum age for marriage in this case is capped at 50. The same regulation enforces not only the minimal and maximum age requirements – additional limits are set on the potential age difference between the couple. A Saudi woman also must get approval from a sponsor (a father or another oldest male family member) to marry a foreigner. In some cases, a Saudi man wishing to marry a non-Saudi woman will also need special approval from the government.
There are also restrictions in place for men wishing to marry foreign women. For instance, Saudi Arabia has recently implemented a law banning marriages between Saudi men and women from Pakistan, Bangladesh, Chad, and Myanmar. Moreover, any Saudi man planning to marry a foreign woman will now need first to submit an application to the government and obtain official consent.
The UAE has a very diverse community and is generally known as an expat-friendly destination, with most religious restrictions not applying to foreigners. However, when it comes to marriage, things are quite different. Muslims in the country are required to follow Sharia law – while non-Muslims can get married following the laws in their own countries. And things get a bit complicated when one partner is Muslim and the other is not. For example, if a Muslim woman wants to marry a non-Muslim man, said man needs to convert to Islam. Moreover, remarriage for women may be further complicated by the existence of "iddah", the waiting period of three months before a woman can get remarried.
Egypt is yet another country where Islamic law plays a crucial role in how marriage and divorce are regulated. Muslim women can not marry non-Muslim men unless they convert to Islam. Additionally, women will also need to observe the waiting period before they can remarry.
While Türkiye has a relatively straightforward civil marriage system, Muslim women in the country may still run into a number of hurdles when marrying foreign non-Muslim men. Civil marriages in the country are legally binding, but traditional and religious pressures may also come into play in certain regions. Remarriage after divorce, however, is relatively straightforward as long as the divorce is legally finalized in Türkiye.
Malaysia has different marriage laws in place for Muslims and non-Muslims. Muslim citizens must get married according to Sharia law, which means that if one of the partners is non-Muslim, they must convert to Islam in order to get married. Non-Muslims, on the other hand, can follow civil laws. With that said, expats planning to marry a local citizen may need to navigate quite a bit of paperwork
Marriage laws in India vary depending on religion, and this can make things quite complicated for expats. The Hindu Marriage Act governs Hindu marriages, while the Special Marriage Act is used for intercultural or interfaith marriages. So, foreigners who plan to get married in India will find the Special Marriage Act the most suitable option. One restriction to keep in mind is that a man must wait 90 days after filing for divorce before he can remarry. And, if the marriage is annulled, the remarriage process can get particularly complicated and require an even longer waiting period.
The Philippines is another country where marriage and remarriage laws can be considered to be quite stringent. This is one of only two countries in the world where divorce is illegal – the Vatican being the other one. So yes, divorce remains illegal for Filipino citizens – though there is a special law in place that gives this right to the country's Muslim minority.
However, in May 2024, the Philippine House of Representative passed the Absolute Divorce Act – a proposed law aiming to change the country's legal stance on divorce. If enacted, the law would allow couples to file for divorce after they have been separated for at least five years – or if they have been separated legally for over two years.
Naturally, the situation today presents significant hurdles for expats who want to marry Filipino citizens. The only legal option to end a marriage in the Philippines now is annulment – but it is a long, complicated, and expensive process. Annulments can take several years and will only be granted if the parties can prove that the marriage was invalid from the start. This also makes remarriage complicated. While expats will generally be able to obtain divorce relatively quickly, for their Filipino partner, their previous marriage will remain legally binding unless they receive an annulment or apply for a recognition of foreign divorce.
In Indonesia, the marriage law is heavily influenced by religion. This makes interfaith marriage particularly complicated – as foreign partners are often expected to convert. Remarriage also comes with restrictions as women need to wait for a period of three months after divorce to get remarried – as per Islamic law.
Japan's marriage laws are overall more lenient to expats. But certain restrictions still exist, especially when it comes to remarriage. For example, women need to wait six months after a divorce before they can get remarried. The reason for the law may come across as strange to those unfamiliar with it: women cannot remarry for six months following the divorce to avoid confusion regarding the paternity of a child who may be born soon after remarriage.
Thailand is not only a popular destination for expats – but also for expat marriages. Unions between foreign men and Thai women are particularly popular. Foreigners generally have no restrictions when it comes to marrying Thai citizens. But when it comes to remarriage, Thai women need to wait 310 days after divorce before they can remarry.
In Israel, marriage is regulated by religious authorities. And this means that Israeli citizens of different denominations (Jewish, Christian, Muslim, etc.) each have their own religious courts and laws governing marriage and divorce.
Interfaith marriages cannot be performed within the country under Israeli law. This means that expats who find themselves in interfaith relationships will need to travel abroad to get legally married –interfaith marriages conducted abroad are recognized in Israel. Remarriage can also be quite complex – especially if a Jewish divorce is needed as it requires a religious divorce document known as "get".
LGBTQ marriage and remarriage laws abroad
For expats in same-sex relationships, marriage and remarriage laws abroad can pose additional challenges. Things can get particularly complicated in countries that do not recognize LGBTQ+ unions. A lot of countries in the Middle East, Africa, and parts of Asia have strict laws prohibiting same-sex unions. Some countries may not outlaw the relationships in themselves but do not provide any legal recognition or protection to LGBTQ+ couples. This creates a legal gray area that can affect every little aspect of your life abroad.
For instance, while Israel does recognize same-sex marriages legalized abroad, such marriages are not performed in the country itself. Japan is another example. In 2021, Japanese courts ruled that the previously existing ban on same-sex marriage was unconstitutional – however, no further steps have been taken in this direction. Same-sex marriage remains illegal in Japan — though some municipalities and prefectures do issue same-sex partnership certificates.
As you can see, marriage and remarriage abroad can be complicated. To avoid doing last-minute research before a major life decision, consider looking into the marriage laws of your chosen destination before you relocate. These days, you'll be able to find most of the information you need online. But it's always best to check with the foreign embassy or consulate of the country you plan to move to to have all the details.
