How to get Married in the Dominican Republic

planner · 2014-10-01T14:36:13+02:00

At the request of some members I am opening this thread. FIRST GENERAL INFO :D Types of Marriages Marriages in the Dominican Republic fall generally into one of two categories: “Civil” marriages are those in which the parties themselves register the marriage with the Dominican government. The person officiating at the wedding ceremony is a government official, usually a Notary Public. It is the couple’s choice whether or not to hold a separate religious ceremony. “Canonical” marriages are those performed by a Roman Catholic priest. Following the ceremony, the church takes responsibility for registering the marriage with the appropriate Dominican government offices. Marriages in religious denominations other than Roman Catholicism are fully legal and permitted. However, only the Roman Catholic Church has the ability to register marriages on the couple’s behalf. In the case of wedding ceremonies in other denominations, both members of the couple must present themselves to the governmental registrar’s office to legalize the marriage. Details on this procedure follow below in the section under “Civil Marriages”. Civil Marriages Marriage in the Dominican Republic is a civil contract between a man and a woman who have freely agreed to marry and have the capacity to do so. In order to get married in the Dominican Republic, a man and woman must meet the following conditions: The parties must express their free will to marry; Men between 16 and 18 years old, or women between 15 and 18 years old may get married without the consent of their parents. Any required consent must be in writing and notarized, unless the person required to give this consent does so while attending the wedding ceremony; and A man younger than 16 and a woman younger than 15 may not get married, even with their parents’ consent, although a judge may grant an exception for significant reasons. No person may be married before a prior marriage is dissolved. A divorced woman cannot get married until 10 months after her divorce has become final, unless her intended husband is the same person she has divorced. The government official performing the civil ceremony has the authority, at the time of the ceremony, to waive any of the above requirements. Such a waiver must be made in writing and outline the basis of the waiver. The official performing the ceremony does so in the presence of the parties and witnesses. During the ceremony, the official asks the parties and witnesses whether either of the parties has been married previously, to each other or to other people. The party who has been married previously must supply the date of that marriage and the name of the person who officiated. The Marriage Certificate includes the complete names of the spouses, the evidence of their written consent, a declaration they have been united in matrimony and the date of the celebration and the signatures of the Officer, the spouses and the witnesses. After the celebration the marriage is registered in the appropriate civil registries. Civil marriage is dissolved by the death of one of the spouses or by divorce. Canonical Marriages A Canonical marriage performed by a Roman Catholic priest has the same legal effect as a civil marriage. As was stated in the introductory section above, however, there is a procedural difference, insofar as the priest in a Canonical marriage is responsible for transmitting the registration documents to the appropriate Dominican government office(s). Even if a civil ceremony has taken place prior to the Canonical ceremony, the officiating priest must still send a copy of the marriage certificate to the government registry. Matrimonial Property Laws Dominican law presumes that the parties in a marriage enjoy Community Property rights. However, if the parties choose to enter into a different type of agreement, this is permitted. Dominican law outlines a number of systems from which the parties may choose. The spouses may also amend any one of these systems or create one of their own, provided that the final agreement is in keeping with Dominican legal principles. When the parties opt for a system other than Community Property (such as Separate Property, outlined beginning on page 4 below), they must put this in writing and have it approved by a Dominican government official. Community Property Systems 1. Legal Community: This is the most common community property system in effect in the Dominican Republic. The following three features are present and essential: The existence of three types of properties -- common property, property owned by the wife, and property owned by the husband. Under legal community systems, all movable property and its earnings, as well as real estate property acquired during the marriage, are common property. The power of the husband over the administration/management of the estate, which cannot be ignored or restrained through any clause or matrimonial agreement; and The existence of guarantees for the woman against bad management of the property by the husband. These guarantees may include, among others, judicial division of the property and/or liens against any real estate owned by the husband. With regard to point (1) above, it is worth noting that “common property” is further sub-divided into “ordinary property” and “reserved property.” Ordinary property enters the marriage having belonged to one spouse or the other but, based on the marriage, becomes the property of both parties. Reserved property, on the other hand, is property that resulted from the personal work of the woman or from savings that arose from such work. Following the marriage, reserved property generally continues to be administered/managed by the woman, but legally it is the common property of both parties. 2. Reduced to the Earnings: Under this system, the composition of the common property varies, based on the respective debts (both present and future) of the spouses. Additionally, the value of their respective movable property (both present and future) is excluded from the common property. 3. Universal Community: All properties, present and future, are common property. The spouses equally agree under this system that only their present or future property will be common property. Note: It is possible for the spouses to reject any of the community property systems described above and instead choose their own system. However, it is important to note that doing this will not automatically grant the wife rights to administer her property or to receive its earnings. Property the wife brought into the marriage is considered as awarded to the husband for the purpose of meeting the expenses of the marriage. The spouses may, however, include in their property agreement a clause authorizing the wife to receive a part of her annual earnings for her personal living expenses and needs. Separate Property Systems Separate Property systems do not provide for common property, but rather for property owned by each one of the spouses and over which each one has administration/management, disposition and enjoyment rights. Nonetheless, the wife does not have the right to dispose of her properties without the consentof the husband or a judicial authorization. This system requires the spouses to contribute to the maintenance of their home. Furthermore, movable goods individually owned by each of the spouses are intertwined in reality and must be liquidated in the event the marriage is dissolved. A wife's property can be subjected to claims of creditors for her debts arising before and during her marriage, as well as debts related to the maintenance of a marital home incurred by either spouse, or in case of the insolvency of her husband. The husband, for his part, is responsible for his debts arising before or during the marriage and for the debts contracted by the wife when acting as representative of the marriage. One variation of the separation of property system is the dowry system. The dowry system is a system of separation in which the woman, instead of contributing some or all of her income to the couple's obligations, hands over some or all of her property to her husband, who has the administration and legal enjoyment of it. The wife possesses, in addition to the dowry property, property that is not affected by the home-related obligations, also called "paraphernalia." This type of property is enjoyed by the wife but cannot be disposed of without the consent of the husband or judicial authorization. SECOND here is the information for AMERICAN CITIZENS - taken from the US Embassy website: :D Legal Options For Marriage in the Dominican Republic The following information is for the guidance ONLY of civilian U.S. citizens contemplating marriage in the Dominican Republic. U.S. Diplomatic and Consular Officers DO NOT have the legal authority to perform marriages. Marriages CANNOT be performed within the Embassy or within a U.S. Consular Office in the Dominican Republic. General Requirements for Foreigners to Marry in the Dominican Republic In order to get married in the Dominican Republic, a man and a woman must be of a certain minimum age (16 for men, 15 for women), be legally eligible to marry, and be entering into the marriage contract of their own free will. Failure to comply with any of these basic criteria could mean that Dominican authorities will decline to register the marriage as legal. Additionally, foreigners who wish to get married in the Dominican Republic must comply with the following requirements and present the following documentation: The original passport and copies of the passport bio-page; Copies of last entries stamps; Proof of Dominican residence (if not a resident of the Dominican Republic, an additional fee applies and tourist card must be presented); Sworn declaration before a notary public, of being single and eligible to marry; the sworn declaration then needs to be legalized at the Offices of Procuraduría General de La República. If the Sworn declaration is done before a U.S. notary, it then needs to be legalized at the closest Dominican Consulate in the U.S. (In the past, the U.S. Embassy allowed U.S. citizens to swear such an affidavit of eligibility to marry before a U.S. consular officer. The Embassy discontinued this practice several years ago, however, because local officials were interpreting these documents as meaning that the Embassy had actually verified the content of the citizens’ statements, when in fact the consular officer was merely attesting to the fact that the individual in question had made the statement. U.S. citizens needing to comply with this requirement should instead present themselves to a Dominican notary –as specified above-.) Copy of foreign birth certificate and a legal translation of the certificate; central authorities in both the United States and the Dominican Republic now authenticate their own public documents, such as birth, death or marriage certificates, with a certificate of apostille (name of the authentication stamp). You can get your document apostille at the office of Vital Records in your state. If divorced, copy of the divorce certificate and legal translation of the certificate; 2 witnesses (not family). Additionally, Dominican law requires that notice of the intended marriage must be published prior to the ceremony. Fees Celebration of marriages at the Civil Registry Office “Oficialia Civil”: Both the bride and groom are foreigners not residents of the Dominican Republic - RD $20,000.00 One is a foreigner not resident of the Dominican Republic - RD $10,000.00 Both the bride and groom are foreigners residents of the Dominican Republic - RD $3,000.00 Celebration of marriages outside the Civil Registry Office (if the Civil Registry Officer goes somewhere else than the “Oficialia Civil” to celebrate the marriage): Both the bride and groom are foreigners not residents of the Dominican Republic - RD $20,000.00 One is a foreigner not resident of the Dominican Republic - RD $15,000.00 Both the bride and groom are foreigners residents of the Dominican Republic - RD $10,000.00 **For updated information on the fees, visit the Junta Central Electoral´s oficial fee webpage (information available only in Spanish)

Last activity 16 June 2024 by copescloud

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bryankieronlynchActive member06 September 2023 00:01:53

#201

@DominicanadaMike I have actually used my original wedding certificate for my wifes immigration. It has one stamp and the US State Department found it fully legal so i dont know of these multiple stamps you refer to.

SandyS_retiredActive member16 November 2023 07:50:46

#202

This thread is old, but it's certainly still relevant today. I will definitely seek legal counsel in the DR and the US on this, but I wanted to see if anyone here has personal knowledge or experience with this.

I'm in a relationship that will likely lead to marriage. After reading through everyone's comments here, I am now concerned for my military pension in the event of a divorce. I am retired US Air Force. This pension is deposited into a US bank account. As I understand it, if we divorce, he will gain access to or have control of my pension even if we have a prenup and with the money being in a US account. We can do a prenup, but it seems a DR court can overrule that. This is the part that has me worried.

So, how do I protect my military pension? Anyone have personal experience with this or something similar? I need to speak with some attorneys here and get the hard facts, so if you have recommendations for good marriage/divorce attorneys, please let me know. Also, you can PM me if you don't want to discuss personal matters in public.

plannerDominican Republic Expert16 November 2023 10:33:47

#203

17111

And please come back and tell us what you find out.

As I understand it Dominican law is territorial and has no say in overseas assets or income. I absolutely could be wrong so this is interesting to me.

mocaman67Active member16 November 2023 11:10:54

#204

@SandyS_retired

Greetings Sandy - I too am a retired Air Force & Army pers - Canadian - that married a lady here in Moca. We did a civil ceremony in Mar 2018 as I was led to believe it would be an asset in my quest for Temporary Residency which it had no effect at all. In Aug 2018 we had a church wedding with my siblings & spouses plus about 100 of my wifes family & friends at the reception. I did not check legalities prior to getting married but have since learned, from my "Godfather needed for the church wedding who is a lawyer, as Planner stated, the Dominican law cannot touch foreign income such as pensions. From my end, the only way my Dominican wife can access any benefits from my pension is if I coord with my Veterans Affairs. I'm sure that operates much the same for you as well. After 5 years, she can receive a Survivors Benefit that I'll be arranging when I return in a couple of months as we await my wifes Permanent Resident application for Canada. The house we are building in Moca will be hers and there are only a few things that will be kept to pass on to my children after I'm gone. My share of the property can potentially be deeded to someone other than my wife such as my children but I plan on keeping things simple and my wifes daughter has agreed to see that my list of items - mainly military items such as pictures. medals etc are given to my kids. No problem, no worries!!! Best of luck to you!!!

SandyS_retiredActive member16 November 2023 21:48:14

#205

@mocaman67 thank you for that response. I'm feeling better about this but would still like to speak with a marriage/divorce attorney, just to make sure that is 100% accurate today.

If anyone can suggest an attorney/lawyer, please do.

Thanks!

ShestheoneActive member18 November 2023 07:29:28

#206

@planner

Hello, do both parties have to do the Sworn declaration (statement of being single and able to marry)? Also, can I do mine in DR instead of u.s.?

ShestheoneActive member18 November 2023 07:44:09

#207

@planner

For the birth cert. and the divorce decree, do I get it translated then apostilled; not get the original apostilled?? Because I was going to get paperwork ready today and get that part out of the way. I was going to send the originals in to be apostilled. I'm not yet sure where to get it translated however. Do they need both the original and the translated one? Both apostilled or just translated one?

plannerDominican Republic Expert18 November 2023 10:20:57

#208

17111

I am sorry honey I am not a lawyer and cannot walk you through this process!

Papito NLContributor18 November 2023 11:17:00

#209

119

An apostille is to legalize a translated document. The original is already a legal document. They need the translated legalized document because they cant read the original legal document.

Papito NLContributor18 November 2023 11:24:11

#210

119

And I bet you can you use an online translater like google docs, It will not change the layout of the document, only the text so it still looks official.

plannerDominican Republic Expert18 November 2023 11:58:43

#211

17111

Some places do not accept online translations. Most require an officially authorized translation!

Papito NLContributor18 November 2023 12:46:36

#212

119

So you need an official translator registered by court or another legal institution and the translated documents must be stamped or accompanied by a document as prove the translator is official. Just getting the facts clear.

dismiss my previous post.

ShestheoneActive member18 November 2023 13:36:46

#213

@Papito NL

Hi. Thank you. I know this part, but wanted to know do I apostille then translate, or translate then apostille?

And the other question about declaration of being single. Can I do do that in DR? Or must I do it in u.s.? Do we both need to do it.

ddmcgheeDominican Republic Expert18 November 2023 16:34:59

#214

1735

Apostilles are done in the language of the country issuing the document and providing the apostille. Only original items can be apostilled.

Also remember that your birth certificate and divorce decree must be apostilled by the state issuing those documents.

mocaman67Active member18 November 2023 17:26:18

#215

@Shestheone

Every document in English will need to translated by an approved or certified source just as needed for Residency paperwork.

ShestheoneActive member18 November 2023 21:32:34

#216

Yes, but translate 1st or apostille first? Please.

mocaman67Active member18 November 2023 21:42:09

#217

I had mibe translated & then stamped by a lawyer. Of course this was all done at home in Alberta. Official translation here if that is what you plan/want might be clarified by Lushali, the Immgration lawyer you may know or have heard of...

ddmcgheeDominican Republic Expert18 November 2023 22:33:08

#218

1735

Apostille first - because if that can't be done, there is no need for a translation.

ShestheoneActive member20 November 2023 19:59:33

#219

Thank you. My gf is being told that the 2 witnesses that cannot be related has to be 1 man and 1 woman??? Would that be accurate??? Can't be 2 women?? I didn't see this anywhere prior when I was reading up on the process.

bryankieronlynchActive member20 November 2023 20:51:17

#220

Mine were 2 women

ShestheoneActive member20 November 2023 22:11:03

#221

@bryankieronlynch

Thank you. How long ago was that, if you don't mind?

bryankieronlynchActive member21 November 2023 20:53:52

#222

Apil 5th 2022

ShestheoneActive member21 November 2023 22:22:19

#223

@bryankieronlynch

Definitely close enough! Thank you!

ShestheoneActive member24 November 2023 20:10:36

#224

Does anyone know how (while waiting for this marriage then request spouse path I'm taking) how my partner can come to the u.s. to visit me in the meantime, since the process is long? She just got a passport or renewed it, does not have any kind of visa currently. Is there no process we she can do that will allow her to come visit soon enough?? Or is every single darn thing a long process when it comes to anyone coming this way?? While it's good we can go to other countries easier, it's not so fair, really, for the other way around.

plannerDominican Republic Expert24 November 2023 21:53:02

#225

17111

Any way you look at it, it's a long long process!

You can come here or you can meet up in several countries. That's it

ShestheoneActive member25 November 2023 04:16:10

#226

Thank you, that's good advice, a good idea. The only thing is of course being in the DR, my partner does not make nearly enough money at all to do such traveling especially since after reading your post I checked the countries that are between the US and the Dominican Republic and also looked at the countries that allow them to travel with just a passport and of course the two don't coincide. So I guess I'll be the only one traveling, looks like it is what it is. But thank you for the information.

plannerDominican Republic Expert25 November 2023 10:36:59

#227

17111

I am sorry the system sucks. Sadly it's due to past behaviors.

bryankieronlynchActive member25 November 2023 14:00:26

#228

@Shestheone It is not possible. You just have to wait for the process. If you are lucky it will be 15 months. I am just completing this process now. It is long. If you love them it is worth the wait.

ShestheoneActive member01 December 2023 15:46:42

#229

@bryankieronlynch

So sad that you had to wait so long. Is t it crazy...? How did strangers ever gain so much co lntrol over our lives? Tell us when we can be married, divorced, if we can move, when we can live together, etc. etc.

I'm happy you made it through and are either finished or on the next step now. Congrats! And thanks for giving the time frame.

ShestheoneActive member01 December 2023 15:49:30

#230

What is the best suggestion when I make my trip, for currency...to maximize my return and lessen the expense; exchange inside airport, use an atm somewhere (any suggested reputable ones), do the exchange somewhere else I am unaware of, or do it here at home it is possible, which I think I have seen recently in passing...?

mocaman67Active member01 December 2023 16:22:39

#231

IT is no consulation but it takes about as long in Canada. Our attempt for a "Visitor" Visa was denied in 2019. We are waiting for Permanent Resident status & have a visitor visa application at the Cdn embassy that processes those. All very frustrating & time consuming. Kinda like getting used to extended DR lifestyle...

WillieWebViP01 December 2023 16:50:58

#232

1660

@Shestheone

NOT the airport !!

ShestheoneActive member01 December 2023 17:23:13

#233

@WillieWeb

Why Willie? The cost/fee of the exchange? Which would be my only and obvious guess. Any other reason.

plannerDominican Republic Expert01 December 2023 17:34:16

#234

17111

Use your American card at an ATM and you get the best exchange rate. But make sure you understand if your bank charges fees! Otherwise western union is always competitive.

The airport offers crappy exchange rates

drlover1962Member01 December 2023 18:30:27

#235

Lately I've been sending US dollars online and receiving US dollars through REMITLY at Caribe Express. I pay the online fee and receive the money in US dollars then exchange to pesos to get more. When I send US and receive directly in pesos they give a lot lower exchange rate than what Caribe Express is offering to walk-in customers. The only issue I have is I have to send it in someone with a Dominican ID because online they ask for the City and Province on the person's ID and I don't have a Dominican ID. I might be able to get away with using my US passport with my US address as long as I have the reference # with my name but I haven't chanced it yet.

ShestheoneActive member02 December 2023 03:15:38

#236

@drlover1962

Caribe express closes at like 2pm though doesn't it? I sent money twice there and that's what I was told. The money was ready but it couldn't be picked up.until the next morning. Sound about right??

Using your method, how much are you saving or gaining, etc.? I like the cleverness btw;)

ShestheoneActive member02 December 2023 03:21:50

#237

@planner

Just came across worldnomads website and they mention only atms inside banks shopping malls. Amd for exchanging money, your hotel, reputable money changer in a shopping mall or bank. Any objections to any of those? And u.s. dept of state says to not use your card at all...?

plannerDominican Republic Expert02 December 2023 10:09:13

#238

17111

Wow such bad information out there.

Your hotel will offer you crappy exchange rates just like the airport.

Generally use ATM wherever you feel safe. Meaning don't go to isolated spots at night.

There are money exchange companies all over. Good grief in some parts of the country there are no shopping malls!

ATM's inside a bank are usually safe places.

US state dept would rather you carry wads of cash????

plannerDominican Republic Expert02 December 2023 10:09:43

#239

17111

Let's get back on topic. This thread is about getting married.

bryankieronlynchActive member02 December 2023 11:52:26

#240

@Shestheone I am just waiting on her embassy interview in 2 weeks. In my wildest dreams in never though the difficulty level would be this high or expensive.

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