Foreign Marriage Recognition: Will New York Honor Your Overseas Wedding?

Does New York Recognize Marriages Performed in Other Countries?

Generally, yes. Under New York’s marriage-recognition rule, a marriage’s validity is judged by the law of the place where the ceremony was performed, a principle lawyers call lex loci celebrationis. In Matter of May, 305 N.Y. 486 (1953), the Court of Appeals recognized an out-of-state marriage that was valid where it was celebrated, treating it as settled that a marriage’s legality “is to be determined by the law of the place where it is celebrated.”

The rule even covers marriages that could not be formed in New York, such as a common-law marriage validly formed in another state, Mott v. Duncan Petroleum Trans., 51 N.Y.2d 289 (1980). Our guides to common-law marriage in New York and the states that still allow it explain that situation.

The narrow exceptions

The exceptions are limited. Matter of May identified two: a New York statute that clearly regulates marriages its residents enter elsewhere, and marriages considered contrary to “natural law,” which courts have generally limited to polygamous and incestuous marriages. Whether an exception applies depends on the facts, so an unusual marriage should be reviewed rather than assumed invalid.

Same-sex marriages performed abroad

Same-sex marriages are not an exception. Domestic Relations Law (DRL) § 10-a provides that an otherwise valid marriage is valid “regardless of whether the parties to the marriage are of the same or different sex,” and same-sex couples have been able to marry in New York since July 2011. Even before then, in Martinez v. County of Monroe, 50 A.D.3d 189 (4th Dep’t 2008), the Appellate Division recognized a same-sex marriage that was valid in Ontario, Canada.

Is a Religious-Only Wedding Abroad a Legal Marriage?

A religious-only wedding is a ceremony performed under religious rules without the civil license, registration, or government officiant that local law may require. Whether it created a legal marriage depends on the law of the country where it took place, not on the couple’s faith or on what New York would have required.

Countries differ. New York allows “a clergyman or minister of any religion” to solemnize a marriage (DRL § 11), so a religious ceremony here can create a legal marriage. Other places recognize only a civil ceremony; in the case below, the law of the Mexican state where the wedding took place made a marriage not celebrated before a Civil Registry officer “an absolute nullity.”

A destination wedding that was not a marriage

In Ponorovskaya v. Stecklow, 45 Misc. 3d 597 (Sup. Ct., N.Y. County 2014), a New York City couple held a beach wedding at a Mexican resort, led by a relative who had been ordained online, with no marriage license and no civil officer. Both sides agreed the ceremony was not valid under Mexican law. The court held that the couple was not legally married and dismissed the divorce case, ending the claims for maintenance and equitable distribution; only a separate claim to an interest in the couple’s apartment could go forward.

That is a trial-level decision, but it applies the long-standing place-of-ceremony rule. The court also observed that couples planning a symbolic ceremony abroad often hold a civil ceremony in New York before or after, which is one way to avoid the problem.

When New York law applied instead

In Matter of Farraj, 72 A.D.3d 1082 (2d Dep’t 2010), a couple who made their home in Brooklyn held an Islamic ceremony in New Jersey without the license New Jersey requires, because their religion called for the wedding to take place at the home of the bride’s eldest male relative. The Second Department applied New York law, under which the solemnized marriage was valid, because New York had the “most significant relationship” to the spouses and the marriage.

Do not count on that approach for a wedding abroad. The Ponorovskaya court distinguished Farraj and said New York’s rule excusing a missing license should reach weddings outside the state “only under the most extraordinary of circumstances.” The safer course is to learn what local law requires before the ceremony, or as soon as possible afterward.

How Do You Prove a Foreign Marriage in a New York Court?

Often no one disputes the marriage. Formal proof matters when a spouse, a relative, or an estate challenges it, and then the official record must be presented in a form a New York court will accept.

Civil Practice Law and Rules (CPLR) 4542 sets the basic rule: a copy of the foreign record attested by an authorized official, with a “final certification” of the official’s signature and position by a U.S. embassy or consular officer or by a diplomatic or consular official of that country accredited to the United States. The court may also, for good cause and after all parties have had a reasonable chance to investigate the document, admit an attested copy without a final certification.

The Hague Apostille Convention simplifies this for its member countries, which include the United States. For a public document from another member country, the only authentication that may be required is an apostille issued by that country’s designated authority, which confirms the signature, the signer’s capacity, and any seal, but not the truth of the contents. Records from countries that are not members still need the chain of certifications.

Translations have their own rule. Under CPLR 2101(b), a foreign-language exhibit filed or served in a New York case must come with an English translation and an affidavit by the translator stating his or her qualifications and that the translation is accurate. CPLR 2106 now generally allows a signed affirmation in place of an affidavit.

Why Does Recognition of a Foreign Marriage Matter?

Recognition decides whether New York treats you as married. Without a valid marriage there is nothing to dissolve, so, as Ponorovskaya shows, there is no divorce, equitable distribution, or maintenance under the Domestic Relations Law. The date of the marriage matters too, because marital property is property acquired “during the marriage” and before a separation agreement or the start of a matrimonial action (DRL § 236(B)(1)(c)).

Inheritance can turn on the same question; Matter of May and Matter of Farraj both arose in estate proceedings in which the survivor’s status as a spouse was disputed. Immigration questions are governed by federal law and are outside the scope of this article, so if anyone’s status depends on the marriage, speak with an immigration lawyer before taking steps in a New York case.

If either spouse was married before, the current marriage may depend on whether the earlier divorce is valid. The Second Department has explained that if a spouse’s Dominican Republic divorce was invalid, that spouse’s second marriage would be a nullity, Steffens v. Steffens, 238 A.D.2d 404 (2d Dep’t 1997). Our guides to recognition of foreign divorces and valid, void, and voidable marriages explain how that works.

When the question cannot wait, a court can be asked to decide it. The Domestic Relations Law refers to actions “for a declaration of the validity or nullity of a marriage” (DRL § 236(B)(2)(a)).

What Should You Do If You Married Abroad?

1. Pin down the governing law. Note the country, city, date, officiant, and type of ceremony, and find out what that country required for a legal marriage.
2. Get the civil record and authenticate it. Ask the government office that registered the marriage for an attested copy, then obtain an apostille or, for a country outside the Convention, the chain of certifications in CPLR 4542. Records from abroad can take time, so start early.
3. Translate it. Use a translator who will sign the affidavit (or affirmation) of qualifications and accuracy that CPLR 2101(b) requires.
4. Gather prior-divorce papers. If either of you was married before, collect authenticated, translated copies of each earlier divorce. Our checklist for remarrying after a divorce lists other documents to have ready.
5. Get advice before acting. Talk to a lawyer before filing for divorce, remarrying, or relying on the marriage in an estate or benefits matter. If the ceremony may not have created a legal marriage, ask about the options and how the date of a legal marriage would affect property rights.

Frequently Asked Questions

Is a marriage performed in another country valid in New York?

Generally, yes, if it was valid under the law of the country where the ceremony took place. New York courts follow that place-of-ceremony rule, subject to narrow public-policy exceptions. The key questions are what that country required for a legal marriage and whether the couple met those requirements. A religious-only ceremony or a symbolic destination wedding deserves a closer look before anyone relies on it.

Is a religious-only wedding abroad a legal marriage in New York?

Only if the law of the place where it happened treats it as a legal marriage. Some places give legal effect to religious ceremonies, while others require a civil ceremony or registration. In 2014 a Manhattan trial court held that a symbolic wedding in Mexico that skipped Mexican legal formalities created no marriage, and it dismissed the divorce case.

What documents prove a foreign marriage in a New York court?

Usually an attested copy of the official record from the government office that registered the marriage. If the country belongs to the Hague Apostille Convention, an apostille authenticates the signature and seal; otherwise CPLR 4542 calls for a chain of certifications. A foreign-language record also needs an English translation and the translator’s affidavit of qualifications and accuracy under CPLR 2101(b).

Can we get divorced in New York if we married abroad?

Yes, if the marriage is valid and New York’s residency rules are met. For a couple married abroad, Domestic Relations Law § 230 generally requires that either spouse have lived in New York continuously for two years before filing, or for one year if the couple lived here as spouses or the grounds for divorce arose here. Other combinations can also qualify.

If you married abroad and are considering a divorce, or need to know how New York is likely to treat your marriage, Joel Yacoob can review your documents and explain your options. Learn more about our uncontested divorce and contested and high-net-worth divorce practices, or start your case online. Consultations are by phone or video; call (718) 975-1123.

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This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. The law changes and every situation is different; consult a lawyer about your own circumstances.