Chile Marriage Registration Process Guide for International Couples

Introduction

The process of embarking on an international marriage can often be overwhelming. However, familiarizing yourself with the legal landscape is the initial step toward clarity. This article, presented by VOWLY, is the marriage registration process in Chile and covers the necessary documents, procedural steps, timelines, and key aspects for international couples.

Understanding Chile's Inclusive Marriage Framework

Let's break down the complicated issues together and try to understand the reasons behind Chile's attitude to international marriage. Chile has finished the establishment of very progressive legal structures, and these are based on its Civil Marriage Law (Ley N° 19.947), which sees marriage as a basic human right. As a result, the fundamentals of marrying a foreigner, of not being a resident, of being a tourist, or of obtaining permission are not restricted by your immigration status. The latest amendments have confirmed this policy, which previously demanded a foreign resident to marry a Chilean citizen.

Chile has also led the way in tackling equality of the marriage issue. With the enactment of Law N° 21.400 in December 2021, same-sex couples have the same legal rights as heterosexual couples under the same procedures they have. The equal procedure and rights have been set for all individuals from the age of eighteen established by Law N° 21.515 in late 2022.

Essential Documents for Foreign Nationals

When you're preparing to get married in another country, you may always wonder, "What documents do I actually need?". A crucial document for the wedding procedure for foreign nationals based in countries other than Chile is the necessary foreign documentation rules set forth at the beginning of the process. They are simple:

• Valid Passport or National Identity Document (DNI) from your country of origin. This is the primary document required to establish your eligibility.

Although the initial declaration mainly requires your passport or DNI, one should not forget that if certain personal circumstances require the proof of other legal statuses, for example, an earlier divorce, those documents need to be duly authenticated for use in Chile. This brings us to the main issues related to the apostille.

Navigating the Apostille Process

Forget the pretense and let's discuss the authentic motor that drives document authentication. The apostille is a necessary certification for any public document issued in one country to be legitimately acknowledged in another that is a member of the Hague Apostille Convention (which Chile is).

For foreign nationals marrying in Chile, this means:

• Apostille for Foreign Documents: If you need to show documents such as a birth certificate, a certificate of no impediment, or a divorce decree from your home country, all must be apostilled first in their countries of origin. The time required for documents to be sent from foreign countries can vary from 2 to 8 weeks based on the specific authority and postal conditions. The authentication (apostille) process itself may take 1 to 4 weeks, which varies by jurisdiction, document type, and service provider. Sometimes a notary may also need to recertify your translation.
• Apostille for Your Chilean Marriage Certificate: If you want your marriage to be recognized throughout the world (in your country of origin, for example), after your marriage in Chile, the Chilean marriage certificate will need an apostille. As of January 11, 2024, provincial authorities in many countries are capable of this legalization. Processing times, though, would be different.

Step-by-Step Marriage Registration in Chile

To get to the 'why' you must comprehend the whole journey. The process of marriage registration in Chile is orderly but straightforward. The important components to be addressed are:

1. Declaration of Intention (Manifestación): This is a mandatory, in-person step where both parties, accompanied by two adult witnesses (who cannot be relatives), declare their intention to marry before a Civil Registry official. The official will confirm your eligibility and check for any legal impediments. This declaration must occur between 1 and 30 days before your scheduled marriage ceremony.
2. Information Session (Información de Testigos): Occasionally, if the official has doubts or if your documentation is complex, an additional information session may be required. During this session, your witnesses will attest to your capacity to marry and confirm the absence of impediments.
3. Marriage Ceremony (Celebración del Matrimonio): This is a public act conducted by a Civil Registry official in the presence of the couple and two adult witnesses. The official reads the legal provisions and asks for your consent. The ceremony is generally brief and can take place at a Civil Registry office or, for an extra fee, at an external location of your choice.
4. Automatic Registration: Once the marriage ceremony is completed, your marriage is automatically registered with the Civil Registry.
5. Obtaining the Marriage Certificate: You can request your official marriage certificate at any local Civil Registry office after the ceremony.

Key Timelines and What to Expect

Knowledge empowers, but only if it is comprehensible and applicable to your particular context. Your overall timeline concerning the marriage project in Chile is significantly influenced by the extent to which your international documents are in order. The marriage act itself can, however, be executed fast once all supporting documents are in order, but the acquiring and authenticating of foreign documents are mostly the long-lasting journeys (2-8 weeks for acquisition, 1-4 weeks for apostille).

In the area of waiting, remember the 1 to 30-day period between the Declaration of Intention and the ceremony. There are no specific delays or different timelines for same-sex couples, since their process is the same as that of heterosexual couples.

Civil Registry Offices and Associated Costs

You may be questioning: "Which offices execute this task, and how much money would I need?". The law in Chile states that all Civil Registry offices (Registro Civil) are entitled to marry international couples across the entire country. Though our research does not mention specific offices that only handle international marriages, it is indicated that standard Civil Registry branches are the ones that can facilitate these unions.

Concerning the fees, our ongoing research does not present specific charges in CLP or USD for the marriage registration process itself. Nevertheless, we are aware that an additional charge is levied if you choose to conduct your marriage ceremony at a location different from the Civil Registry office. For timely and exact fee details, it is most appropriate to consult directly with the respective Civil Registry office where you intend to get married.

Your Journey Towards a Legal Marriage in Chile

For international couples, the route to legal marriage in Chile is proactively oriented to accessibility and inclusion. Through acquiring the basic legal knowledge, organizing your documents thoroughly and sticking to the already defined and sequential steps, your path through this process can be confident and uncomplicated.

But, constantly, each couple's situation is different, and the requirements for international documents can be different too. VOWLY is your guide in this case, so we are here to help you through the complexities by offering individual assistance for your stress-free Chilean marriage. Thus, we together construct the smooth way, as simple as that!