Region Specific Information
Guidelines for U.S. Citizens Getting Married in El Salvador
El Salvador’s marriage laws are significantly different than those in the U.S. Primarily, it is important to note that, by law, the couple must have a civil ceremony performed by a public notary (most lawyers), a mayor or a governor officiating in El Salvador. The religious ceremony is optional, but if performed must be held after the civil ceremony. The following rules serve to guide the U.S. citizen through the relatively bureaucratic process.
The first requirement is to obtain proof of date of birth. This can be established through two different means:
Obtain a birth certificate issued 60 days prior to the proposed date of the civil ceremony. If the issue date of the birth certificate is more than 60 days before the ceremony, the citizen should return to the U.S. to obtain a valid birth certificate or ask someone to retrieve it. Then, the citizen must take the birth certificate to the Apostille Authority in the state where the birth certificate was issued for authentication with an apostille seal. In most states, the Apostille Authority is that state's Secretary of State. The American Citizens Services unit of the U.S. Embassy can provide information on contacting the Apostille Authority for each U.S. state.
OR:
Find a qualified medical doctor and a public notary to certify an “Escritura de Edad Media” or document to prove average age. It is a good idea but not necessary to have a copy of an old birth certificate as well. Although the objective of the Escritura de Edad Media is to serve individuals who do not know their age or who have no way of obtaining proper documentation, several lawyers have advised that this document is acceptable regardless of the purpose of use.
The U.S. Citizen should go before the chosen official [either a public notary, a mayor (in one of the 262 municipalities) or a Governor (in one of the 14 provinces)] to draft a marriage license. The couple should find a public notary who speaks English so that he/she will be able to translate U.S. documents without problems. At this time, the couple should present their birth certificates/Escrituras de Edad Media, and passports (for the U.S. citizen), death certificates and divorce deeds, if applicable.
A civil ceremony should be held (within 60 days of receiving the birth certificate or Escritura de Edad Media) and the couple should sign the Escritura Publica de Matrimonio in the presence of two witnesses. The chosen official will ask the bride which last name she will take at this time. The chosen official will be responsible for entering the marriage in a Duty book and send a photocopy of the entry to the Salvadoran’s original city hall (place of birth).
Immediately after the ceremony the public notary should register the Escritura Publica de Matrimonio at the Salvadoran’s City Hall and give two copies to the respective married individuals. The City Hall’s certification will convert the Escritura into a Partida de Matrimonio.
Should the U.S. citizen wish to register his/her foreign marriage in the U.S., it is recommended to check with the City or County Clerk in the U.S. citizen’s last known residence in the United States. They may be in the position to inform regarding any specific requirements they would have. The U.S. Embassy in San Salvador is unable to register foreign marriages of U.S. citizens living abroad, and to authenticate foreign documents. Therefore, should the U.S. citizen desire to have the Salvadoran marriage certificate "apostilled", it would be needed to take it to the Salvadoran Ministry of Foreign Affairs (MFA).
Salvadoran law requires that the couple choose one of three patrimonial (prenuptial) regimes. 1) Separation of assets; Each one keeps what is theirs at the moment of the marriage 2) Participation in utility; each individual keeps its pre-marriage assets, however the couple must divide equally the properties that appreciated during the marriage; 3) Division of Assets; divide all assets (initial and accrued) equally at the end of the marriage. The public notary will enter the chosen patrimonial regime in the marriage license.
If the citizen should not speak and write Spanish fluently he/she should either find a public notary who can translate the documents or hire an interpreter. Since the procedure for hiring an interpreter is fairly arduous, we recommend that if the U.S. citizens speaks Spanish reasonably well, he/she should ask a public notary to certify his/her “understanding” of the Spanish language.
The law applies in all Salvadoran jurisdictions. However, citizens who have plans to get married in remote areas of El Salvador should be mindful that some of the authorities tend to be more narrow minded in application of the law, for example in relation to the Escritura de Edad Media.
Please note that the previous law required the U.S. citizen to have a certain period of residency in El Salvador and a requirement to publicize the marriage in a public forum. These rules no longer apply.
Please note that the U.S. Embassy in San Salvador is unable to assist in obtaining authenticated birth certificates and divorce decrees from the United States; neither does the Embassy provide translation services for English language documents. The Embassy facilitates a list of translators in the San Salvador area for convenience. These are matters strictly between the couple and the Government of El Salvador.