Love and Legalities: Understanding Marriage in Ecuador

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By Expat Law Group

August 14, 2024

In Ecuador, navigating the waters of matrimony presents a unique blend of rich cultural traditions and intricate laws that reflect the country’s evolving social landscape.

Understanding these legal frameworks is essential for anyone considering tying the knot in this popular South American destination.

Marriage laws in Ecuador are shaped by a combination of constitutional provisions and pivotal rulings from international human rights courts. Recent developments highlight a shifting legal environment that places increasing emphasis on inclusivity and equality in marital unions. Also, societal attitudes toward marriage and civil unions are transforming, reflecting a more progressive vision for love in Ecuador.

In this article, we explore the different facets of marriage in Ecuador, from legal requirements and types of ceremonies to the cultural significance of weddings.

Constitutional Provisions Surrounding Marriage

The Ecuadorian Constitution, reformed in 2008, acknowledges the importance of both legal and de facto familial bonds, ensuring equal rights and opportunities flow for each member within.

Article 68 illustrates a deep appreciation for partnerships beyond the scope of traditional marital status, defining a de facto union as a stable, monogamous union, regardless of formalities. This acknowledgment equates to granting de facto couples similar rights and obligations as their married counterparts.

The landscape of love and marriage in Ecuador made a historic shift on June 12, 2019, following the Constitutional Court's ruling that opened the door to marriage equality. Since July 8, 2019, same-sex couples embrace the same matrimonial privileges as their heterosexual counterparts, reflecting the nation's dedication to inclusivity.

Before this pivotal court ruling, marriage was only acknowledged as a union between a man and a woman per Article 67. Now, Ecuador embraces both marriage and stable de facto unions, honoring all loving commitments and promoting diverse conjugal partnerships.

Types of Marriage in Ecuador

Defined as a solemn contract, marriage in Ecuador is both a legal and social commitment, sculpted by the country's evolving understanding of partnership and familial structures.

The country has put forth regulations that dictate that any marriage celebrated outside of Ecuadorian soil must be registered within the nation or officiated by an Ecuadorian consular authority to hold legal validity. This inclusive measure allows the diverse population, including those in international unions, to have their marital status recognized and respected universally.

The process is relatively simple for native Ecuadorians, who must present proof of residency, economic solvency, and most importantly, ensure that their civil registry reflects that they are indeed free to enter into such a union.

Foreigners, drawn by love or the beauty of Ecuador, encounter a more intricate bureaucracy. It's essential for them to provide a comprehensive background check, which often hinges on the cooperation of their country of origin.

Civil Marriages

At the core of matrimonial legality lies civil marriage, a contract fortified by Ecuadorian law that, since 2019, provides equality for both same-sex and heterosexual couples.

Couples seeking to solidify their vows legally must hold their ceremony at the Registro Civil, found in the heart of major cities such as Quito, Cuenca, or Guayaquil. Following this civic ritual, pairs may pursue additional, personal celebrations, including religious ceremonies, though the state holds the civil act as paramount.

Equal responsibility falls upon all Ecuadorian citizens and residents to ensure that their civil registry accurately reflects their matrimony. The required registration includes an official seal for the union.

Article 222 of the Civil Code offers another progressive note, equating the rights and duties of stable, monogamous unions to those formally recognized as marriage, irrespective of gender. This inclusivity reiterates Ecuador's commitment to honoring shared lives without bias, embracing a union's essence rather than its label.

Legal Requirements for Marriage in Ecuador

Ecuador mandates that all marriages - whether they occur on its soil or the distant lands of other countries - must be duly registered at the Ecuadorian Civil Registry.

To bridge the gap between international unions and Ecuadorian recognition, a critical step involving an Apostille or Double Legalization is often mandated.

Documentation Needed for Marriage in Ecuador

You'll need to provide a collection of essential documents, including:

  1. Single Status Certificate
    An affirmation of your civil status. Procured from your nation of origin and added with an Apostille certification.
  2. Birth certificate
    Legalized or apostilled and translated into Spanish.
  3. Valid visa or legal status and passport
    If you entered Ecuador on a tourist visa or tourist stamp (ie you didn't need to obtain a visa before arriving) you are still entitled to get married.
  4. Police Background checks
    If you have already provided a recent background check from your country of origin as part of your visa application process, you can provide a background check from Ecuador instead of your country of origin.
  5. Divorce decree
    If applicable, legalized or apostilled and translated. If you have never been married, you don't need this.
  6. Migratory movements
    This document can be requested at any immigration office nationwide.
  7. Affidavit of Marriage
    This is a notarized document that is valid for 30 days.
  8. Death certificate of previous partner
    Only needs to be provided if you are a widow.

Cost Considerations for Getting Married

When considering tying the knot, couples should be mindful of the financial aspects involved. The Civil Registry office offers an economical option with a government fee for an on-site marriage office in the Civil Register, but you're free to select an alternative venue to celebrate your special day.

Costs include:

  • Government Fee (Civil Registry): $50
  • Alternate Location Fee: $250
  • Renovation ID for Ecuadorians or Expats: $16
  • New ID for Expats: $5
  • Document Translation & Notary: $30 for each document (varies by provider)

These numbers demonstrate that getting married in Ecuador is very accessible.

Navigating Language Barriers for Non-Spanish Speakers

While the tapestry of Ecuador's legal requirements can be complex, the path is navigable with the right guidance. Expat Law Group can be an invaluable ally, helping to bridge any communication divides and illuminate the way toward a legally recognized monogamous union or civil partnership in this beautiful country.

Do I need a specialist for this whole process?

The marriage process can be relatively straightforward if you have the right documents and know the process. However, the rules can change and foreigners with little Spanish can find it daunting and may require personalized, specialized advice along the way.

FAQs

Is same-sex marriage legal in Ecuador?

It is completely legal, and if you meet all the requirements, you can get married in any civil registry in Ecuador or in any location you wish.

Do I need a marriage certificate from my country of origin?

If you want to register your marriage in Ecuador, you must have a marriage certificate from the country where you got married. If you want to get married in Ecuador, you must show a single status certificate from your country of origin. Here you can check which documents you will need.

I have a previous marriage, do I need to show this marriage license?

You must show your divorce certificate if you plan to get married in Ecuador, regardless of your partner's nationality. Any divorced person must show it if they were previously married.

Does ELG help plan my wedding day?

No, ELG cannot help you plan your wedding day, but we can help you review the requirements and plan all the legal documentation necessary for you to get married in Ecuador.

I was in a forced marriage, do I still need to provide a certificate of divorce?

Yes, if you are divorced you must still prove and present your divorce certificate.

Are same-sex civil unions recognized in Ecuador?

Yes, since 2019 Ecuador approved the reform and now there is the possibility of getting married.

Does ELG help with divorces?

Our family law specialists are also available to help should the relationship sour, requiring a divorce.

Need help?

Expat Law Group can make this marriage process easy. Feel free to contact one of our specialists.

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