It's not usually the first thing couples think about when they decide to 鈥渕ake it official.鈥� Yet the form of union you choose can shape your expat plans. 鈥淢arriage鈥� often ties directly to 鈥�residence permits鈥� and 鈥渞ights鈥� recognized in another country. How do different legal systems interpret the idea of marriage?
The different types of marriage around the world
We often think first of civil marriage, but other arrangements can also give a couple legal standing.
Civil marriage
This is the form recognized by most states. A civil marriage is performed at the city hall or another authorized public institution (such as a consulate or embassy). For an international marriage, the couple must provide all required documents, which must be translated into the language of the country conducting the ceremony. If the marriage takes place in the host country, the foreign spouse will usually need to present a certificate of no impediment issued by their country of origin. Civil marriage is the type acknowledged by all states.
Religious marriage
Unlike a civil marriage, a religious marriage is not always legally recognized because many countries separate religion and state. That said, religious marriages can have a legal effect in countries where a religion has state recognition.
Christian traditions
Countries with a Christian heritage may choose to recognize or not recognize religious marriage. In France, for example, only a civil marriage is legal. Couples may also have a religious ceremony, but only after their civil wedding鈥攐therwise, they are not legally married. By contrast, Denmark and Finland recognize marriages performed in their official state churches, provided civil-law conditions are met. In the United Kingdom, a religious marriage has the same legal value as a civil one. In the Philippines, a Catholic marriage is legal only if the couple obtains a marriage certificate and follows the required procedures before and after the religious ceremony.
Muslim traditions
Muslim-majority countries accept marriages that comply with Islamic law (sharia). The United Arab Emirates (UAE) specifies that sharia applies to marriages between Muslims and also to marriages between a Muslim and a non-Muslim. In Morocco, marriage is both a civil and a religious institution. It is, however, possible to have only a civil marriage before a Moroccan civil registrar. This option is aimed primarily at non-Muslims (whether foreign or not) and mixed-faith couples. Morocco's family code reform encourages couples married religiously to complete a civil marriage as well.
Hindu traditions
In March 2017, Pakistan passed a law allowing Pakistani Hindus to register their religious marriages with the civil authorities. Until then, only Christians and Muslims could have their marriages legally recognized. The law ends an administrative deadlock dating back to Pakistan's creation in 1947. A year earlier, only the southern province had legislated to validate Hindu marriages. India recognizes Hindu marriages performed in accordance with the Hindu Marriage Act.
Customary marriage
As the name suggests, customary marriage is tied to a country's local customs and is often associated with religious marriage. Customary marriage generally has no standalone legal recognition.
Does interfaith marriage have legal standing?
This question arises, for example, for expat couples or for couples (mixed or not) who do not share the same faith. An interfaith marriage, as the name implies, is one between two people of different religions. As a rule, there is no legal issue because the legally recognized union will be the civil marriage. If a religious wedding is held in a country that recognizes it, the ceremony will, in practice, be conducted according to one spouse's religion or the other's.
Interfaith vs. intercultural
You can certainly plan a wedding that includes each partner's cultural traditions. But don't confuse an intercultural wedding with an interfaith one. A single ceremony cannot combine multiple religious rules at once (for example, a joint service led by a pastor, priest, and imam). Spiritual leaders often stress the difference between tolerance and religious syncretism. One cannot profess several religions at the same time without emptying those faiths of their core content (a slide toward syncretism).
If interfaith marriage aims to promote tolerance, it conflicts with the doctrinal foundations of several religions. In Islam, a Muslim woman may not marry a non-Muslim man unless he converts to Islam. A Muslim man may marry a non-Muslim woman, notably a Christian or Jewish woman, though interpretations of the Qur'anic texts vary. Marriage between a Christian and a non-Christian may be possible, but contrary to common belief, interfaith marriage is prohibited by biblical texts. As for Hinduism, the 1955 Hindu Marriage Act allows interfaith marriage only among Hindus, Jains, Buddhists, and Sikhs. Those outside these faiths must marry under the Special Marriage Act of 1954.
Which countries recognize 鈥渄e facto鈥� marriage?
Also called 鈥渃ommon law marriage,鈥� a de facto marriage treats cohabiting partners as married even without a civil or religious ceremony. This form remains little recognized. Some U.S. states, some Australian states, and certain Canadian provinces recognize common law marriage. In Australia, the terms 鈥渄e facto partnership鈥� or 鈥渄omestic partnership鈥� are used. In Israel, common-law status is used by couples who wish to avoid a religious ceremony, as well as by some LGBTQ+ couples. In France, city halls may issue cohabitation certificates, but unlike a marriage certificate, a cohabitation certificate has no legal force, and city halls are not obliged to issue one.
Monogamy, polygamy, polyandry: what is legally recognized?
Monogamy is the most widespread social arrangement. In principle, marriage is monogamous. Other cultures are built on polygamous or polyandrous models.
Polygamy is legal in Cambodia, Indonesia, Cameroon, Mali, Burkina Faso, South Africa, etc. Meanwhile, Senegal, Algeria, the United Arab Emirates, and Pakistan allow polygamy under Islamic law: a Muslim man may have up to four wives, or more depending on interpretation. In Saudi Arabia, there is no numerical limit. But polygamy is not practiced in all Muslim countries: Turkey, Tunisia, and Guinea have banned it. In the United States, several Mormon communities practice polygamy. Overall, polygamy remains largely prohibited. It is estimated that around 2% of the world's population lives in a polygamous household.
Polyandry (a woman having multiple husbands) is far rarer. It is legal in Kenya and Gabon. In 2021, human-rights advocates pressed South Africa's government to legalize polyandry in the name of equality (since polygamy is accepted). The proposal is part of a broader overhaul of marriage law that retained principles inherited from apartheid. The bill would also extend legal recognition to Hindu, Jewish, Muslim, and Rastafarian marriages, which are currently not valid. Only Christian marriage is legal.
Which countries recognize same-sex marriage?
A growing number of states recognize marriage between same-sex partners. Thailand is one of the latest. On June 18, 2024, Thailand's parliament passed a same-sex marriage bill. The law was promulgated on September 24. The terms 鈥渉usband鈥� and 鈥渨ife鈥� are replaced with gender-neutral 鈥渋ndividuals鈥� and 鈥渕arriage partners.鈥� Thailand joins Nepal, Taiwan, Mexico, South Africa, Australia, Canada, and many European countries.
As a rule, countries that have legalized same-sex marriage recognize same-sex marriages contracted abroad. An expat spouse may qualify for a dependent visa. The couple's rights are recognized on the same basis as any married couple. But recognition is not automatic everywhere: in countries that prohibit marriage equality, a same-sex union performed abroad will not be legal.
Which countries accept the PACS?
For those who are not aware, the PACS (Pacte civil de solidarit茅 / civil partnership) is not a marriage. It is a contract between two adults. Depending on the country's laws, it may or may not be open to same-sex couples. Like married couples, partners can choose separation of property, a contractual property regime, or joint ownership. However, they generally have fewer rights regarding parentage, adoption, parental authority, and inheritance.
The PACS is far from universally recognized. In principle, it has no legal effect outside the country where it was registered. In practice, though, countries that offer the PACS or an equivalent contract often grant rights to foreign couples in that situation.
By contrast, some countries ban civil partnerships outright鈥攖his is the case in states applying Islamic law. Others, such as Japan, do not include this option in national legislation. Note that Japan still prohibits same-sex marriage, even though an increasing number of municipalities issue civil partnership certificates for same-sex couples. The PACS question is therefore crucial for couples planning to move abroad. Depending on the destination, marriage may be the only path to an accompanying-spouse visa.
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