Although it may be unpalatable to let the formalities of the immigration system intrude upon your big day, it’s absolutely necessary. You must be sure that your marriage abroad counts in the eyes of the law.

Validity of Marriages Performed Abroad

Marriages that are legally performed and valid abroad are generally also valid in the US. Since requirements for marriage ceremonies differ by location, however, you should contact the embassy or tourist information bureau of the country in which your marriage will be performed to find out about local marriage laws and procedures. American embassies and consulates in your destination country are also likely to have information on marriage requirements.

Before performing a valid marriage ceremony, most countries require a valid US passport and any other relevant documents, such as birth certificates, divorce decrees or death certificates. Be sure to check your destination’s particular document requirements, as some countries require documents to first be authenticated by a US consular officer, which can be both expensive and time consuming.

If you have questions about the validity of your marriage abroad, you can also contact the attorney general of the state in which you and your new spouse intend to live.

Eligibility for Marriages Abroad

If you are getting married in one of the romantic civil law countries, such as France or Italy, you must submit proof of your legal capacity to enter into a marriage contract. This proof usually takes the form of a certificate from a competent authority confirming that you are free and eligible to marry. Since this document does not exist in the US, you must execute an affidavit of eligibility to marry at the American embassy or consulate in the destination country. To execute the affidavit you must pay a fee, and the presence of witnesses may be required.

Immigration Concerns

If you are marrying a national of the country abroad where you are getting married, you may want to check the nationality policies of the country. In some countries, for example, marriage to a national will automatically and expeditiously make the spouse a citizen. Although automatic acquisition of citizenship will not affect US citizenship, applying for citizenship may cause the loss of US citizenship. Be sure to contact an American embassy or consulate for further information.

If your future spouse is not a US citizen or permanent resident, you may need to obtain a visa for him or her to return to the US as your new spouse.The first step is to file a Petition for Alien Relative, Form I-130, with the Department of Homeland Security for your spouse to immigrate to the United States.

Don’t Forget Your Document Translations!

Another concern is getting translations of important documents, such as your birth certificate or divorce certificate. You will also need a certified translation of your marriage certificate in English when you return to the US from abroad.

The English Law of Settlement, established in the 18th century to secure Protestant succession to the throne, declares that potential heirs lose their right to the throne if they marry a Catholic — but members of any other faith are OK! Although the law is out of date by our current standards, it has yet to be revised.

The laws and requirements that apply to Wills and Kate’s upcoming nuptials got us thinking about other international wedding laws and traditions that exist. From Italy to India, we found some interesting, odd and inspiring marriage requirements and customs around the world.

Marriage Laws in the UK

Another UK marriage law maintains that people must be married in a “fixed structure” with a roof — so no garden weddings under open skies. Wills and Kate are set to walk down the aisle at Westminster Abbey, so they certainly aren’t in danger of violating this law.

Food & Marriage in Japan

While couples all over the world usually put lots of thought into the food that will be served at their wedding, the Japanese have a unique take on food-related customs!

In traditional Japanese wedding banquets, each dish represents a symbolic wish for the newlywed couple, such as happiness, long life or many children. Kombu (kelp) is a popular choice, since yorokobu means “joy” in Japanese.

Pre-Wedding Traditions in Germany

In some areas of Germany, one wedding tradition involves kidnapping the bride! Friends steal her away, usually taking her to a local bar or other public venue, leaving the groom to go hunting for his future wife!

During the quest for his bride, the groom usually ends up going from one biergarten to the next. Depending on the local tradition, he may even be expected to buy a round of drinks for the people in each bar that he passes through!

Marriage Rituals in India

A traditional Hindu marriage in India is likely to include the bride and groom’s taking the ritual saptapadi, or seven steps, in front of a sacred fire or light, while reciting a given mantra, which can vary depending on the region.

Another common element is the application of sindoor or vermillion, a red or orange powder that traditionally represents a woman’s married status, to the part in the bride’s hair.

US Marriage Laws

Arkansas had a little legal oversight in its marriage regulations when it established a law declaring that anyone under 18 could get married in the state without parental consent — but forgot to establish a minimum age requirement.

This little loophole meant that technically a toddler could get legally married — if he or she so chose to — but only for a few months from 2007 to 2008, before the state corrected its mistake and instituted a minimum age requirement!

In addition, many US states used to allow common-law marriage, but roommates and friends began taking advantage of the lax laws to get tax breaks. Now only a handful of US states allow common-law marriage — and there are more requirements than just sharing a roof.

Wedding Customs in Italy

One fun tradition maintained in many parts of Italy is the smashing of a vase or glass. Every shard that results from the big smash represents one year of marital bliss to be shared by the newlyweds. Better get an extra big vase and smash it hard to avoid dampening wedding day spirits!

No matter which country or even which state or region you may be in, there are almost certainly unique rules and rituals that apply to your nuptials. Reading about international marriage laws and traditions is a reminder that a wedding is more than just a family event — it’s a legal ceremony that is subject to plenty of regulations!

Selecting a Guardian: How & Why?

Parents should consider naming a guardian for their children in case they are unable to care for them any longer. There’s a simple reason why you should choose a guardian for your children — if you don’t, a judge will pick a guardian for you. Isn’t it better to prepare in advance so strangers don’t have to make life-altering decisions regarding your family?

In the event of your death, a guardian will become the parent to your children, as all children must be raised by an adult until the age of 18.

In many states, appointing a guardian is as simple as naming him or her in your will. Check with your lawyer — there may even be a specific state form for guardianship that you would only need a few signatures to complete!

There are a number of factors you may want to consider when you are choosing a guardian for your children, including:

• Is the prospective guardian over 18?
• Is the prospective guardian willing and able to parent your children?
• Does the prospective guardian have his or her own children? Are they close in age to your children?
• Does the prospective guardian share your religious beliefs or moral character?
• Does the prospective guardian have the time, money and other resources needed to properly raise children?
• Would your children have to move far away?

Does the Guardian Also Handle Finances?

It is also vital to consider whether you want the same guardian to oversee both your children and the children’s finances.

If you have put aside money in a will or trust for your children, a guardian must be chosen to handle the estate. It is common — and easier — to have the children’s guardian also handle the estate, but you can choose to have a different person manage the finances if you believe it will be in everyone’s best interest.

Can You Name More Than One Guardian for Your Children?

Many people choose only one person to be a guardian for their children, but it’s common to have a couple, like a good friend or relative along with their spouse.

If you choose a guardian couple and they end up getting divorced, remember to update your choice of guardian with your lawyer.

Alternately, people sometimes choose to have a different guardian for each child. This isn’t very common, but it may happen if the children have strong attachments to different relatives or close friends, or if the children are not close in age.

Choosing different guardians for different children or more than one guardian for your children may be a move that will be questioned by a judge. A judge is supposed to act in the best interest of the children, so he or she may question why you are splitting the children up or asking two different people to co-parent them. If this is the case, you may want to draft a letter of explanation for a judge to express your beliefs on why this is best for your children.

Remember to Ask!

Choosing someone to be the guardian of your children is, of course, a very important decision — not only for you and your family, but also for the prospective guardian. While it seems like common sense, remember to ask the prospective guardian if it’s OK and if he or she is up to the challenge of potentially raising your children.

While it may seem like you have a relative or friend that may be a perfect guardian for your children, he or she may feel differently. If you have already chosen a guardian for your children, check in every year or so to make sure he or she is still up for the job. People’s lives can change pretty dramatically in a short time. You want to be prepared.

However, it’s important for you to get familiar with parents’ legal rights for the safety and well-being of your expanding family.

Working During Your Pregnancy

Whether a woman can work during her pregnancy depends on the job and the complications that sometimes come with carrying a child. While many women often work or go to school up until days or even hours before having a baby, this may be dangerous for women who have a job that centers around a lot of physical labor. Other women can become ill during their pregnancies and not be able to perform their regular job duties.

Under federal law, employers must treat pregnancy like a disability — you cannot be punished for being pregnant. Short-term disability leave may be granted, or employers can let pregnant employees work different, easier tasks.

Maternity & Paternity Leave

Different states have different laws applying to maternity leave, and some companies are exempt from such laws. In most cases, maternity leave is covered by the Family and Medical Leave Act. If your office has at least 50 employees and you have worked at the office for 12 months consecutively, then you can take 12 weeks off from work. This goes for paternity leave too! In the case of unmarried parents, paternity leave will be granted to the father once he can prove he is the biological parent — having his name on the birth certificate is usually acceptable.

While pay is not guaranteed during maternity or paternity leave, parents’ legal rights ensure that their jobs will be secure during their three-month break from work.

Things to Consider Once the Baby Arrives

Parents are entitled to legal rights and protections before the baby arrives, but there are more legal responsibilities to take care of once the child is born.

You should remember to add your new child to your health insurance policy. If you have health benefits through your workplace, find out if you must pay additional fees to add a new family member to your plan. Other plans are all-inclusive. Either way, you want to make sure the newest member of your family is protected.

Planning your will may seem macabre to some, especially when you’re in the midst of celebrating a new life, but it’s important to add your child to your will or estate plan. Some parents even create a trust for their children right away. At the very least, a guardian should be appointed to take care of the child in a worst-case scenario.

Being aware of the full range of parents’ legal rights and responsibilities will ensure a safe and comfortable life for newly expanding families.

In various states and countries around the world, partners can enter into a domestic partnership agreement. By registering a domestic partnership agreement, partners can gain many of the same rights as married couples.

Why Is a Domestic Partnership Agreement Important?

A domestic partnership agreement works kind of like a prenuptial agreement for couples who are not planning to marry. It determines the rights and responsibilities of the couple.

A domestic partnership agreement may include:

• Who is responsible for household chores
• The division of property and belongings in case of dissolution
• How to share income
• Protection from each other’s debts
• How to handle inheritances
• Protection for children or other dependents

Are Domestic Partnership Agreements Only for Same-Sex Couples?

When many people consider terms like “domestic partnership,” they think it applies only to same-sex couples who are not allowed to marry in many states and countries around the world.

However, while some jurisdictions have introduced the idea of a domestic partnership agreement to recognize same-sex unions, domestic partnership agreements also can be registered by heterosexual couples.

States That Allow Domestic Partnership Agreements

Not every state allows a couple to register a domestic partnership agreement. California paved the way for many states, with gay rights activists coining the term “domestic partnership” in 1979. California went on to become one of the first US states to allow both same-sex and opposite-sex couples to obtain the same rights as married couples through registered domestic partnership agreements.

Besides California, the following states accept registered domestic partnership agreements:

• Colorado
• Maine
• Maryland
• Nevada
• Oregon
• Washington
• Washington, D.C.
• Wisconsin

Additionally, domestic partnership agreements are accepted in Ann Arbor, Michigan, and Cleveland, Ohio, but only in those cities alone. The states of Hawaii and New Jersey allow couples to enter into civil unions, which are nearly identical to marriage in all but the title.

International Acceptance of Domestic Partnership Agreements

Many countries in Europe offer couples the opportunity to enter into civil unions. Croatia, Hungary and Portugal have domestic partnerships and accept registered domestic partnership agreements.

All of New Zealand allows civil unions for both same-sex and opposite-sex couples; however, New Zealand couples joined in a civil union are not allowed to adopt children.

Civil unions between same-sex and opposite-sex couples are allowed in a few jurisdictions in Argentina and Venezuela.

All states in Australia allow any couple to enter into “a registered or civil partnership.”

What If the Government Doesn’t Allow Domestic Partnership Agreements?

If the government of your state or country does not allow you to register a domestic partnership agreement, consider creating one anyway. While legal documents can oftentimes feel very impersonal, drawing up a domestic partnership agreement can give you and your partner a better understanding of the responsibilities you share together.

It’s important for unmarried parents to know their legal rights, as many US states have custody laws in place that depend on the marital status of the parents.

While parental rights vary from state to state, unmarried parents generally have fewer rights than married couples. Unmarried parents must often deal with the law to assert the few rights they have.

Cohabitation

While cohabitation is commonplace, the practice of living with your partner outside of marriage is illegal in the following US states:

• Florida
• Michigan
• Mississippi
• North Carolina
• North Dakota
• Virginia
• West Virginia

Several of these states also have laws that make fornication illegal, even between consenting adults. While these laws are almost never enforced, they can still have a dramatic effect on unmarried parents’ rights.

People living in these states cannot claim an unmarried partner as a dependent on their income taxes. For unmarried couples with children, this means no financial tax break for families. This can prove especially difficult when one parent stays at home to raise the children.

Adoption

Sometimes a single mother or father begins raising his or her child with a partner. It’s important to remember that the partner in this situation has no parental rights toward the child unless he or she adopts the child.

To proceed with an adoption, both biological parents of the child must agree to the adoption, unless one biological parent is deceased or is proven to be an unfit parent by a court.

The adoption process can be difficult — not to mention expensive — but it’s important. In case of a separation or if the biological parent becomes ill or dies, the partner would have absolutely no legal rights to obtain custody of the child, much less see the child ever again.

Securing Rights for Unmarried Parents

Unmarried parents can begin to secure their rights as soon as the baby is born. The first step is to make sure both parents are listed on the child’s birth certificate. This establishes paternity, which can be important for child support and visitation and custodial rights in case the unmarried parents split.

Many states also honor “parenting agreements,” which are somewhat like prenuptial agreements for raising a child. Experienced family law attorneys should know how to draw up a parenting agreement and how to make it legal.

A parenting agreement should include:

• How parents will provide for the child’s physical care
• How parents will provide emotional support
• What the individual responsibilities of each parent are
• How parents will minimize conflict
• How parents will protect the child’s best interests

Unmarried parents should take the time to learn the state laws that affect their situation. While the extra steps unmarried parents must take to assert the same rights as married couples may be time-consuming and expensive, it is important for the entire family’s welfare.

The truth is that common-law marriages are not recognized by many states and that two parties cannot unknowingly enter into a common-law marriage. Read on to find out common-law marriage requirements.

Common-Law Marriage Requirements

Common-law marriages don’t just occur when people live together for an extended period of time. Specific requirements must be met to have a valid common-law marriage.

1) Your State Must Recognize Common-Law Marriages

Only a handful of US states see common-law marriages as valid. This includes Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah and Washington, D.C.

A few other states recognize common-law marriages, but only if the common-law marriage was entered into before a specific date. This includes:

• Georgia — Jan. 1, 1997
• Idaho — Jan. 1, 1996
• Ohio — Oct. 10, 1991
• Oklahoma — Nov. 1, 1998
• Pennsylvania — Jan. 1, 2005

In addition, all other states must recognize common-law marriages that were contracted in areas where common-law marriages are legal and valid.

2) You Must Live Together

It seems like the most obvious of the common-law marriage requirements, but cohabitation is an absolute necessity of the common-law marriage.

The amount of time spent living together required to qualify for a common-law marriage varies from state to state.

3) You Must Consent to Be Married

It is a popular misconception that live-in lovers or even just live-in friends can just find out one day that the government considers them a married couple. A marriage — even a common-law one — cannot be entered into without the competent consent of both parties.

4) You Must Have a Reputation as Husband and Wife

Many of the states that recognize a common-law marriage have requirements that the couple must already act as though they were married. This means filing joint tax returns, sharing a surname and referring to each other as husband and wife in public and private.

5) You Must Meet Other State Marriage Requirements

All common state marriage requirements must be met for a common-law marriage to be valid. The legal age to get married varies from state to state, but both parties must meet age requirements before their common-law marriage is recognized. This is usually not a problem, as people spend years living together before trying to get their common-law marriage validated.

Another common-law marriage requirement is that both parties must be single. A common-law marriage is not valid if one of the parties was legally married to somebody else when the common-law relationship began.

Though more and more states are making same-sex marriage legal, only a woman and a man can enter into a common-law marriage.

Are There Common-Law Marriages in Other Countries?

The common-law marriage actually originated in medieval England. Peasants and others living in remote areas often couldn’t travel to where a religious official or justice of the peace could officially marry them. Rules were instated to recognize rural cohabiting couples.

While many countries do not recognize common-law marriages, they are still valid in countries like Canada, England, Wales and Scotland. Australia and Israel also recognize variations of common-law marriages.

Common-law marriages truly aren’t that common. The requirements change frequently, as many governments view common-law marriage as an antiquated concept. Check your specific state or country’s requirements to see what kind of relationship qualifies as as common-law marriage.

How does a court handle a pet custody case? How should you prepare if you want to argue for pet custody rights?

Are There Laws Regarding Pet Custody?

Despite the fact that pet custody disputes have become an increasingly common fixture in pending divorce cases, nearly all states view pets as property — that is to say, there is no special status under the law that requires courts to view pets differently from other possessions being divided in the divorce.

However, many people are pushing for a change in laws regarding pet custody. While it may seem crazy to go to court over custody of Fido, many people consider pets to be children or valued members of the family.

As many jurisdictions don’t have applicable laws regarding pet custody, don’t expect a judge to hear your case. But in light of this evolving legal attitude toward our furry friends, more and more courts are willing to hear pet custody cases.

How Is Pet Custody Decided?

If a court is willing to hear your pet custody case, the judge will probably examine each individual’s relationship with the pet and award primary custody to the person who spent the most time taking care of the pet.

Some factors the court may consider could include:

• Who was responsible for feeding the pet each day?
• Who was responsible for washing, brushing or grooming the pet?
• If the pet needed to be walked, who walked the pet?
• Who took the pet to the veterinarian?
• Who paid the vet bills?
• Who purchased supplies (food, toys, kennels, litter and other products) for the pet?
• Who spent the most time playing with the pet?

Post-divorce home and work situations could be considered in pet custody cases. If a person has a domicile more suited to the pet or has a schedule that better accommodates the pet, this could be the deciding factor in who gets primary pet custody.

Children could also play a part in a pet custody case. Any parent who gets primary custody of children in a divorce case is likely to get custody of any pets if the children have a bond with the animals.

Do You Need a Pet Prenup?

Are you planning on adopting a four-legged friend with your spouse — or maybe your significant other, roommate or sibling?

Not all pet custody cases are a product of divorce. Anyone who shares care of an animal with another person may find that they want to fight for pet custody once a relationship or living arrangement changes.

It may be advantageous to draw up something similar to a prenuptial agreement regarding your pet as soon as you adopt it. Decide who will take the pet or how time with the pet will be split up.

While more lawyers are fighting for their clients’ right to their pets and more courts are looking at pet custody cases, keep in mind you can save yourself the time and money of a legal battle if you can come to an amicable agreement about the custody of your pet. And remember that pet custody cases aren’t just about you — they’re also about doing what’s right for your pet.

The legal requirements to perform a marriage ceremony differ from state to state and certainly from country to country. Read on for some common legal marriage requirements!

Legal Marriage License Requirements

A license is arguably the most important legal requirement for marriage. To get a marriage license, a couple must apply together at a city or county clerk’s office and fill out an affidavit with the following information:

• Names
• Address or addresses
• Cities and dates of birth
• Social Security numbers
• Marital histories

Many states used to require blood tests before issuing a marriage license. The purpose of the blood test was to check for any sexually transmitted diseases or other ailments that could be harmful to any future children. Most states no longer have blood tests as a legal requirement for a marriage license.

Proof of age is also a legal marriage requirement. You must be 18 to file for and receive a marriage license, but some states will issue marriage licenses to people as young as 16 with parental consent.

Once the marriage license is issued, the couple can get married anywhere in the state, but there are time restrictions and limitations. A couple must often wait to get married, usually between one and five days, though some places — including Las Vegas — have no waiting period. The marriage license is invalid after 60 days.

Marriage licenses also cost money. The fee to obtain a marriage license is commonly between $25 and $65.

Legal Marriage Ceremony Requirements

Marriages are performed by civil appointees or ministers of religious denomination that are authorized by circuit courts to celebrate the rites of matrimony. Some states allow a couple’s family member or friends to be ordained online and perform the ceremony, while other states prohibit this.

The person officiating the marriage must sign the license along with the newly wedded couple and forward the completed document to the court, usually within five days of the ceremony. Many states require at least two witnesses to be present for the ceremony and sign the marriage license. If the documents are not filed with the court, there will be no legal record of the marriage at all.

How Could a Marriage Be Prohibited?

It is fairly easy to meet the legal requirements for marriage, but there are a few instances where a marriage may be prohibited. Possible reasons include:

• No formal dissolution of an earlier marriage of one or both parties.
• Both parties are in some way related — although some states do allow marriage between cousins, adopted siblings or other distant relatives.
• One of the parties lacks the mental capacity to consent to the marriage.
• Both parties are the same gender. Same-sex marriages are only allowed in a handful of states.

Are Legal Requirements the Same for an International Couple?

Couples from outside the United States can be married legally in the US. Documents like birth certificates or divorce decrees from any prior marriages will most likely be necessary, as will certified translations of these documents if they are in another language. Most countries will want a certified copy of your marriage certificate and an apostille from the secretary of state. Many secretary of state offices will arrange to send certified copies and apostilles directly to the foreign government.

US couples can also choose to get married in another country. When planning a wedding either close to home or abroad, make sure you account for all of your legal marriage requirements!