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 most 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. It should be noted that the marriage laws have changed as recently as two years ago. Due to this fact, many officials, especially those residing outside of San Salvador, might not be well-informed of the new laws. In addition, public officials (such as mayors and governors) might be more inflexible in applying the rules to U.S. citizens. The U.S. Embassy therefore advises that in order to avoid problems the U.S. citizen should strive to use a public notary in San Salvador.

1. The first requirement is to obtain proof of date of birth. This can be established through two different means:

a. 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 Secretary of State in the citizen's place of birth. The SoS will then place an "apostille" seal on the birth certificate. Contact American Citizen Services for information regarding the location of the citizen's SoS. OR

b. 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.

2. The U.S. Citizen should go before the chosen official [either a public notary, a mayor (in one of the 246 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.

3. 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).

4. 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 Publica de Matrimonio. The citizen should then take the Partida and certify it at the Mayor's office, the Governor's office, the Ministry of Interior and, lastly, the Ministry of Foreign Affairs. The citizen should then send the Partida to the citizen's home state to ensure the marriage is legally registered in the U.S.

5. 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; 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.

6. 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.

7. 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.

S. 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.

9. Please note that the American Embassy 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. These are matters strictly between the couple and the Government of El Salvador.

SALVADORAN CONSULATES LOCATED IN THE U.S.A.

ARIZONA
Phoenix - 4521 E. Charles Dr., Paradise Valley, 85253,
P.O. Box 2979, (602) 948-4899
Mr. Tracy R. THOMAS, Honorary Consul

CALIFORNIA
Los Angeles - 3450 Wilshire Bl., Suite 250, 90010, (21' 3) 383 3-8580
Mr. Gerardo Antonio SOL MIXCO, Consul General

San Francisco - 870 Market St., Suite 508, 94102, (415) 781-7924
Mr. Carlos E. GONZALEZ, Consul General

Santa Ana - 1212 N. Broadway Av., Suite 100, 92701, (714) 542-3250

DISTRICT OF COLUMBIA

Washington (Embassy) 2308 California St., N.W., 20008, (202)265-9671
Mr. Walter Alfredo ANAYA ESCALANTE, Consul General

FLORIDA

Miami - 300 Biscayne Boulevard Wa., Suite 1020, 3 33 3 131, (305) 371-8850
Mr. Fernando Ernesto QUINONEZ MEZA, Consul General
Mrs. Mylene Cecile ALVERGUE DE SOL, Vice Consul

ILLINOIS

Chicago - 104 S. Michigan Av., Suite 423, 60603, (3 3 12) 332-1393
Mr. Juan Carlos ALFARO, Consul General

LOUISIANA

New Orleans - 1136 Int'l Trade Mart, 70130, (504) 522-4266
Mr. Emilio R. GARCIA PRIETO, Consul General

MASSACHUSETTS

Boston - 222 3 d St., Suite 1221, Cambridge, 02139
Ms. Lorena SOL DE POOL, Consul

MISSOURI

St. Louis - 7730 Forsyth, Suite 150, 63105, (314) 862-0300.
Mr. Michael Jay BOBROFF, Honorary Consul

NEW YORK

New York - 46 Park Av., 100 16. (212) 889-3608
Ms. Marta Patricia MAZA DE PITTSFORD, Consul General
Mrs. Ana Vilma AVILA DE SOLER, Consul
Mrs. Celinda Gloria HERNANDEZ DE CANAS, Vice Consul

PENNSYLVANIA

Philadelphia - 119 Bleddyn Rd., Ardmore, 19003
Mrs. Ana Maria KEENE, Honorary Consul

PUERTO RICO

Bayamon - Villa Caparra, Calle K- 19, 00619
Ms. Maria Teresa DE ESTEVEZ, Honorary Consul General

TEXAS

Dallas - Oakbrook Plaza 1555 W. Mockingbird La., Suite 216, 75235, (214) 637-0732
Mrs. Rosanna C. SALAVERRIA DE GUITERREZ, Consul General

Houston - 6420 Hillcroft St., Suite 100, 77081, (7 1' 3) 270-6239
Ms. Astrid Maria SALAZAR DE ARIZ, Consul General
Mr. Leocadio Jose CHACON CORADO, Consul
Ms. Marlene Elizabeth ORANTES DE SALAZAR, Vice Consul