Marriage is a fundamental institution in society[3] Cape Verdean marriage is governed by a set of legal rules and procedures that ensure its validity and recognition. This report aims to explore in detail the legal rules and procedures involved in marriage in Cape Verde, offering a comprehensive overview of the requirements and formalities necessary for marriage celebrations in the country.
In Cape Verde, marriages can be celebrated either civilly or religiously, with each form having its own legal requirements. The Cape Verdean Civil Code establishes the essential requirements for the celebration of marriage, including the legal capacity of the couple, the need for free and informed consent, and the obligation to publish proclamations. For more information on the Civil Code, see official website of the Government of Cape Verde.
In addition, it is important to note that the process of qualifying for civil marriage requires the presentation of various documents, such as birth and marriage certificates. state[4] civil marriage, as well as carrying out a preliminary impediment verification process. This process is essential to ensure that there are no legal obstacles to the union of the couple, as stipulated by Cape Verdean legislation.
The celebration of a religious marriage, in turn, must comply with the specific rules of each religious denomination, as well as the legal requirements of the state. In many cases, religious marriages can have civil effects, as long as they are duly registered with the relevant authorities.
This report seeks to clarify all the legal aspects pertaining to marriage in Cape Verde, providing a solid base of information for those who wish to better understand this important legal institute.
Index
To celebrate a wedding in Cape Verde, it is essential that the bride and groom present a series of legal documents. These documents are essential to ensure that the marriage is legally recognised. The documents required include:
Before the wedding takes place, it is obligatory to publish notices. This procedure serves to inform the community of the bride and groom's intention to marry and to allow any legal objections to be raised. The notices must be published for at least 15 days in places designated by the registry office where the wedding will take place. (General Directorate of Registry, Notary and Identification).
Brides and grooms in Cape Verde have the option of choosing between different property regimes, which will define how the assets will be administered during the marriage. The most common regimes include:
The choice of property regime must be made before the wedding and registered in a prenuptial agreement, if necessary.
The wedding ceremony in Cape Verde can be civil or religious. For civil marriages, the ceremony is conducted by a civil registry officer. For religious marriages, the ceremony must be performed by an authorised religious minister and then registered at the civil registry office for legal purposes. (Civil Code of Cape Verde).
Celebrating a wedding in Cape Verde involves paying certain administrative fees. These fees may vary depending on the venue and the type of ceremony chosen. The fees include:
The bride and groom should consult their local registry office for details of the specific fees applicable to their wedding.
To begin the process of obtaining a marriage licence in Cape Verde, the bride and groom must go to the local civil registry office. This procedure is essential to ensure that the marriage is legally recognised. The application must be made in person by both the bride and groom, who must present the necessary documents, such as birth certificates and valid identification documents. The presence of both is crucial to confirm the intention to marry and to verify the authenticity of the documents presented. (Government of Cape Verde).
A critical step in the process of obtaining a marriage licence is checking for legal impediments. The civil registry office carries out a detailed analysis to ensure that there are no legal obstacles to the marriage, such as previous undissolved marriage ties or close kinship between the bride and groom. This procedure is fundamental to guaranteeing compliance with the Civil Code of Cape Verde and avoid invalid marriages.
Once the documents have been submitted and any impediments have been checked, the civil registry office sets a deadline for issuing the marriage licence. This deadline can vary, but is usually 15 working days, during which time the marriage notices are published, as mentioned in the "Notice Publication Procedures" section. This interval allows for any legal objections to be raised before the licence is granted. (General Directorate of Registry, Notary and Identification).
If one of the bride and groom is a foreigner, there are additional requirements that must be met. In addition to the standard documents, the foreign groom must present a certificate of matrimonial capacity issued by the authorities in his country of origin, duly authenticated and, if necessary, translated into Portuguese. This document proves that the foreign fiancé is legally able to marry, according to the laws of their country. (Embassy of Cape Verde).
Once the marriage licence has been issued, the couple must schedule the wedding ceremony, which can be civil or religious. The licence has a validity period, usually three months, within which the wedding must take place. If the wedding does not take place within this period, the couple will need to apply for a new licence. This procedure ensures that the information and documents submitted remain up-to-date and valid. (Civil Code of Cape Verde).
For couples planning to live outside Cape Verde after their marriage, it is important to consider the international validity of the marriage licence. Some countries require the marriage certificate to be legalised or apostilled in order for it to be legally recognised. This process can be carried out at Cape Verde's Ministry of Foreign Affairs and is essential to avoid legal complications abroad. (Ministry of Foreign Affairs).
It is worth mentioning that recent legislative changes may have an impact on the procedures for obtaining a marriage licence. Changes to family laws or administrative procedures can introduce new requirements or modify existing ones. Therefore, it is advisable for engaged couples to regularly consult legal updates or seek advice from a legal advisor. lawyer[5] specialised in family law[1] to ensure compliance with current regulations. (Cape Verde Bar Association).
This report details the procedures for obtaining a marriage licence in Cape Verde, highlighting the importance of each step to ensure the legality and validity of the marriage both nationally and internationally.
In Cape Verde, in addition to personal and legal documents, the bride and groom are required to present medical certificates proving their fitness for marriage. This requirement aims to ensure that both bride and groom are aware of any medical conditions that could affect married life. The certificates must be issued by an authorised doctor and must include specific examinations, such as tests for infectious diseases. This requirement is a public health measure and helps prevent the transmission of diseases between spouses. (Cape Verde Ministry of Health)
Another important document is proof of residence. The bride and groom must present a recent proof of address, which can be a utility bill or a declaration of residence issued by the local authority. This document is needed to verify the jurisdiction[2] Proof of residence also helps to confirm the identity of the bride and groom and prevent fraud. Proof of residence also helps to confirm the identity of the bride and groom and prevent fraud. (General Directorate of Registry, Notary and Identification)
In addition to the certificate of capacity to marry, the bride and groom must also provide an unmarried declaration. This document, unlike the certificate of capacity to marry, is a personal declaration in which each fiancé states that they are not currently married and that there are no legal impediments to marriage. The declaration must be notarised by a notary or other competent authority. This procedure is crucial to avoid bigamy and guarantee the legality of the marriage. (Civil Code of Cape Verde)
In the event that one of the bride and groom is a minor, in addition to the parental authorisation already mentioned in the existing content, judicial authorisation may be required. This authorisation is required when the parents or legal guardians are not available or refuse to give consent. O court[6] will assess the request and decide based on the best interests of the minor. This process ensures that the rights of minors are protected and that marriage is a consensual and informed decision. (Juvenile Court of Cape Verde)
For foreign brides and grooms, in addition to the standard documents, any document issued outside Cape Verde must be translated into Portuguese and legalised. The translation must be done by a sworn translator, and the legalisation must be done at the Cape Verdean consulate in the country of origin or at the Ministry of Foreign Affairs in Cape Verde. This procedure ensures that all documents are understandable and legally valid in the country. (Ministry of Foreign Affairs of Cape Verde)
These new and distinct sections provide a comprehensive and detailed overview of the documentary requirements for marriage in Cape Verde, addressing aspects not covered in existing reports.
The report on marriage in Cape Verde highlights the legal requirements and essential procedures for celebrating a valid marriage in the country. The bride and groom must present a series of documents, including birth certificates, identification documents, certificates of matrimonial capacity and, in some cases, parental or judicial authorisations for minors. The publication of notices is mandatory, guaranteeing transparency and allowing for legal objections. In addition, the choice of property regime must be made in advance, with options such as communion of property, separation of property and partial communion of property. The ceremony can be civil or religious, and the associated fees vary according to the type of ceremony and location.
The most significant findings include the need for medical certificates to ensure the health of the bride and groom, proof of residence to verify the correct jurisdiction, and the unmarried declaration to avoid bigamy. For foreign brides and grooms, there are additional requirements, such as the translation and legalisation of documents. These procedures ensure that the marriage is recognised both nationally and internationally, especially for couples planning to reside outside Cape Verde. Recent legislative changes may impact these procedures, highlighting the importance of regularly consulting legal updates or seeking specialised legal advice.
The implications of this study suggest that engaged couples should be well informed about legal requirements and procedures to avoid complications. It is recommended that they consult the Government of Cape Verde and General Directorate of Registry, Notary and Identification for up-to-date information and consider the assistance of a lawyer specialising in law[7] family. This ensures that all legal aspects are complied with, guaranteeing the validity and recognition of the marriage both in Cape Verde and internationally.
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