Sunday, August 12, 2012

MUST I RECORD A FOREIGN MARRIAGE IN CALIFORNIA?

QUESTION: We were married on Curacao legally under the Hague Convention (US not a party, I know now). Do I have to record the marriage in California? What advantages are there to recording it? We have our certificate and seals in our possession. I have no intention of changing my name and am already covered for health insurance.

MY RESPONSE: If you were legally married in Curacao, you are legally married in California. There is no procedure to record a foreign marriage in California. You would best make a number of duplicate photocopies of your marriage certificate and keep them in different places to ensure that they are never lost, in the event that you would ever need to prove that you are married.

The United States has not joined the Hague Convention on Celebration and Recognition of the Validity of Marriages because it has long observed the legal principle of comity (the recognition that one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to the international duty and convenience and to the rights of its own citizens who are under the protection of its laws). Only three countries have ratified the convention, and only another three have signed it. Most other countries observe the principle of comity.

No comments: