Getting Married in Costa Rica: A Legal Guide for Foreigners
Getting married in Costa Rica is relatively straightforward, including for foreign nationals, but the legal process is often misunderstood.
You do not need to become a Costa Rican resident before marrying here. A foreigner can marry a Costa Rican citizen or another foreign national as long as both people meet the legal requirements for marriage and provide the documents required for the particular procedure.
The important part is distinguishing three separate questions.
First, can you legally marry?
Second, what documents and formalities are required for the marriage?
Third, what legal consequences follow after the marriage, particularly for immigration and property?
Those issues are related, but they are not the same.
For foreign nationals planning to remain in Costa Rica after marrying a Costa Rican citizen, our Residency for the Spouse of a Costa Rican Citizen guide explains the immigration process separately.
Who Can Get Married in Costa Rica?
Costa Rica’s marriage rules are established principally in the Código de Familia, or Family Code.
The marriage must involve legally capable persons who freely consent to marry and who are not subject to one of the legal impediments established by the Family Code.
One requirement is now particularly clear:
Both people must be at least 18 years old.
Costa Rica no longer permits marriage involving minors with parental consent.
Law 9406 amended Article 14 of the Family Code and made marriage involving a person under 18 legally impossible. The law also amended Article 64 so that the Civil Registry cannot register the marriage of a person under 18. Law 9406 — Prohibition of Marriage of Minors
That correction matters because older Costa Rican materials can still contain references to parental consent for minors. Those provisions should not be relied upon as current marriage law.
Do You Need Costa Rican Residency to Get Married?
No.
Marriage eligibility and immigration status are separate questions.
A foreign national does not need to be a Pensionado, Rentista, Investor, permanent resident, or Costa Rican citizen merely to marry in Costa Rica.
Foreign nationals routinely marry here.
What the foreign person must provide depends on who performs the marriage and the documentation required to establish identity, birth information, and freedom to marry.
The Tribunal Supremo de Elecciones (TSE) publishes specific requirements for foreign nationals marrying through the Civil Registry. Those requirements include identification, a foreign birth certificate, and proof of civil status, with apostille and official translation requirements when applicable. TSE: Requirements for Celebration of a Civil Marriage
The exact preparation can differ depending on whether the ceremony is conducted by the Civil Registry or by a Costa Rican notary.
Who Can Perform a Marriage in Costa Rica?
A Costa Rican civil marriage does not have to take place inside a government office.
Article 24 of the Family Code authorizes civil marriages before officials of the central or regional offices of the Registro Civil and before Costa Rican notaries public. Costa Rican Family Code — Article 24
This is why destination weddings in Costa Rica can be legally valid.
A Costa Rican notary can perform the legal ceremony at a hotel, beach resort, private residence, wedding venue, or another suitable location and then submit the marriage for registration.
That is often the most practical option for foreigners because the legal ceremony can be integrated into the wedding rather than requiring a separate visit to a government office.
Both Parties Must Personally Participate
The current Family Code is particularly clear on this point.
Article 30 prohibits marriage by proxy and requires both people to participate in the ceremony at the same time.
Family Code — Marriage Must Be Personal
This means a person cannot simply grant someone a power of attorney to appear and marry on his or her behalf.
Both intended spouses must personally express their consent.
Two Witnesses Are Required
Article 31 provides that the marriage is celebrated before the competent official and two adult witnesses.
The parties express their intention to marry, the celebrant declares the marriage, and the corresponding act is prepared and signed.
Costa Rican Family Code — Article 31
Foreign witnesses can participate as long as they meet the legal identification requirements.
The TSE’s current marriage requirements specify the acceptable identification documents for Costa Rican and foreign witnesses. TSE: Civil Marriage Requirements
What Documents Does a Foreigner Need to Get Married in Costa Rica?
This is one area where generic online checklists can create confusion.
The original version of this article listed a police background check as a possible marriage requirement. That is not part of the TSE’s published standard civil-marriage checklist.
For a foreign person marrying through the Civil Registry, the TSE currently identifies documents that include:
a valid identification document,
a birth certificate from the country of origin,
and a certificate establishing civil status or freedom to marry.
Foreign certificates must be properly apostilled or authenticated as applicable and officially translated into Spanish if issued in another language.
The TSE states that the foreign civil-status certificate must be recent—its published Civil Registry procedure specifies a maximum age of one month at presentation.
TSE: Official Requirements for Foreigners Marrying in Costa Rica
The precise documentary preparation should be confirmed before obtaining expensive foreign records because requirements can differ according to the applicant’s circumstances and the authority performing the marriage.
Do All Foreign Documents Need an Apostille?
Foreign public documents that must be used officially in Costa Rica ordinarily need the appropriate authentication for international use.
For countries participating in the Hague Apostille Convention, that normally means an apostille issued by the competent authority in the country of origin.
Documents from countries outside the Apostille Convention follow the applicable legalization process.
If the document is not in Spanish, Costa Rica can also require an official Spanish translation.
Our Apostille for Costa Rica: Complete Guide explains how apostilles work and why obtaining an apostille does not correct a certificate that was issued in the wrong form.
The relevant point for marriage is simple:
First obtain the correct underlying document. Then authenticate it properly.
What If You Were Previously Married?
Before marrying again, you must have legal freedom to marry.
If a prior marriage ended through divorce, annulment, or death, the documents proving that change in civil status can become important.
For a foreign national, that can involve an apostilled divorce judgment or death certificate, depending on how the applicant’s current civil status is documented by the country of origin.
Do not assume that an overseas divorce is automatically reflected in Costa Rican records merely because it occurred abroad.
The relevant marriage authority should review the civil-status documentation before the ceremony.
Civil Marriage and Catholic Marriage
The original article incorrectly stated that only civil marriages have legal standing in Costa Rica.
Costa Rica also recognizes Catholic marriages with civil effects when they comply with the applicable requirements and are registered with the Civil Registry.
The TSE’s own procedure is expressly titled “Inscripción de Matrimonio Civil o Católico” and covers marriages celebrated before notaries, courts, parishes, and other authorized authorities. TSE: Registration of Civil or Catholic Marriage
The Organic Law of the TSE and Civil Registry also imposes a duty on authorities of the Roman Catholic Church to declare qualifying marriages to the Civil Registry. TSE and Civil Registry Organic Law — Catholic Marriages
A purely ceremonial religious wedding outside the legally recognized framework should not automatically be assumed to create a registered civil marriage.
What About Same-Sex Marriage?
Same-sex couples can legally marry in Costa Rica.
Since May 26, 2020, the Civil Registry has processed and registered marriages between same-sex couples in the same manner as other marriages after the legal prohibition ceased to have effect.
The TSE formally confirmed that the Registro Civil processes these marriages like other marital unions. TSE: Registration of Same-Sex Marriages in Costa Rica
The basic marriage requirements therefore apply regardless of whether the couple is opposite-sex or same-sex.
How Is a Marriage Registered?
Legal celebration and registration are related but distinct steps.
A marriage performed in Costa Rica must be declared to the Civil Registry so it can be entered into the country’s civil-status records.
When a Costa Rican notary conducts the wedding, the notary is responsible for preparing the corresponding declaration and submitting the required information and documentation.
Costa Rica modernized this process in August 2026.
The TSE’s new mandatory Matrimonio en Línea platform replaced the older Matrimonio Digital system for Costa Rican notaries. TSE: Matrimonio en Línea — Current 2026 System
For two Costa Rican citizens by birth who have verified freedom to marry, registration can be automatic through the system.
When one or both parties are foreign—or a naturalized Costa Rican—the declaration enters the system but is sent to the TSE Sección de Inscripciones for review. TSE: New Marriage Registration System for 2026
This is particularly relevant for foreign couples because registration is not necessarily instantaneous after the ceremony.
How Long Does Registration Take?
There is no responsible basis for promising that every foreign marriage will be completed and registered within “two to four weeks.”
Timing depends on how quickly the couple obtains the foreign documentation, whether the documents satisfy TSE requirements, who performs the ceremony, and whether the Registry requests clarification.
For the registration procedure itself, the TSE publishes an eight-business-day resolution period for qualifying civil or Catholic marriage registration submissions received by the Sección de Inscripciones. TSE: Marriage Registration Processing Information
That should not be confused with the total planning timeline.
Obtaining foreign civil-status documents and apostilles can take much longer than the Costa Rican registration review.
Does Costa Rica Require Publication Before Marriage?
For a civil marriage performed through the Registro Civil, the TSE’s published procedure includes the publication of an edicto in La Gaceta as part of the process. TSE: Celebration of Civil Marriage in the Registro Civil
The practical process can differ when the marriage is performed through a Costa Rican notary.
That is another reason not to describe every Costa Rican wedding as though the couple simply files one standardized application at a local municipal registry.
Costa Rican marriages are centralized through the Registro Civil/TSE, not administered independently by every canton.
Does Marriage to a Costa Rican Give You Residency?
Marriage does not automatically make the foreign spouse a resident.
But the original article went too far in the opposite direction by saying that the foreign spouse must qualify through Pensionado or another economic residency category.
Costa Rican immigration law contains a specific category for a foreign person whose immigration application is based on marriage to a Costa Rican citizen.
Article 73 of Law 8764, Ley General de Migración y Extranjería, provides that when a foreign person requests entry or stay based on marriage to a Costa Rican citizen, the couple must demonstrate genuine reciprocal knowledge; renewal also requires proof of marital cohabitation. The marriage must be properly registered with the Costa Rican Civil Registry when residency is requested. Costa Rica Immigration Law — Article 73
This is the Residencia Temporal por Vínculo con Costarricense route.
It is not Pensionado residency.
It does not require the spouse to prove the Pensionado pension threshold or Investor investment threshold.
For the full immigration process, see How to Get Costa Rica Residency Through Marriage.
The Marriage Must Be Genuine for Immigration Purposes
Having a marriage certificate is not the end of the immigration analysis.
Article 73 requires the foreign applicant to demonstrate the actual marital relationship.
Costa Rican immigration authorities can therefore examine whether the marriage is bona fide rather than merely a formal arrangement created for immigration purposes.
For applicants planning to use marriage as the basis of residency, our article on Common Mistakes in Costa Rica Marriage Residency Applications explains the documentation and relationship evidence that commonly create problems.
Marriage and immigration remain separate legal acts:
the Civil Registry determines the marital status; Immigration determines whether the foreign spouse qualifies for immigration status based on that relationship.
Does Getting Married Extend Your Tourist Stay?
No.
Getting married in Costa Rica does not itself extend the period of lawful stay granted at entry.
Marriage can create eligibility for a different immigration process when the spouse is Costa Rican, but the wedding certificate itself is not an automatic visa extension.
Someone entering Costa Rica as a visitor should therefore distinguish between:
the authorized period of stay,
the date of the wedding,
and the filing of any later residency application.
Marriage Does Not Automatically Make All Property Jointly Owned
This is another important correction.
Costa Rica should not be described as a conventional U.S.-style community-property jurisdiction in which everything acquired during marriage instantly becomes jointly owned 50/50.
Article 41 of the Family Code creates a régimen de gananciales.
Under that rule, when the marriage is dissolved, declared null, judicially separated, or when post-marital matrimonial agreements trigger liquidation, each spouse acquires the right to participate in one-half of the net value of qualifying ganancial property found in the other spouse’s patrimony. Costa Rican Family Code — Article 41, Ganancial Property
That is not the same as saying each spouse automatically owns one-half of every property from the day it is purchased.
The distinction becomes extremely important in divorce, estate planning, real-estate ownership, and creditor issues.
What Property Is Excluded From Ganancial Rights?
Article 41 also identifies property that is excluded from the final ganancial participation.
Among the principal exclusions are assets brought into the marriage, assets acquired gratuitously such as by gift or inheritance, assets whose legal cause or acquisition title predates the marriage, qualifying replacement assets, and property acquired during factual separation.
Family Code — Ganancial Exclusions
This is why a married person’s name appearing alone on a title does not by itself answer every family-property question.
The timing, source, and nature of acquisition matter.
Can Couples Change the Default Property Arrangement?
Costa Rican law permits capitulaciones matrimoniales, or matrimonial agreements.
These can be used to organize property rights and can include waivers or arrangements regarding ganancial benefits within the limits permitted by law.
For couples with substantial assets, businesses, property in several countries, children from prior relationships, or significant differences in wealth, matrimonial planning should take place before the wedding, not after a dispute begins.
The next article in this series will address Prenuptial Agreements in Costa Rica in detail.
Does Marriage Change Your Name in Costa Rica?
Marriage does not automatically replace a person’s legal surnames under Costa Rican civil-registration practice.
Costa Rican naming conventions differ from the custom in some countries where one spouse routinely adopts the other’s surname after marriage.
A foreign spouse may have options under the law of the spouse’s own nationality for use of a married name abroad, but the Costa Rican marriage itself should not be described as automatically changing the person’s registered legal name.
What If You Were Married Outside Costa Rica?
A marriage celebrated abroad can also be relevant in Costa Rica.
For Costa Rican citizens—or marriages involving a Costa Rican citizen—the TSE provides a procedure for registering a marriage celebrated abroad.
The Registry requires the original marriage certificate issued by the competent foreign authority, properly apostilled or authenticated, and an official Spanish translation when necessary. TSE: Registration of Marriages Celebrated Abroad
This becomes particularly important when the foreign spouse later applies for Costa Rican residency based on the marriage.
Article 73 of the Immigration Law requires the marriage to be properly registered with the Costa Rican Civil Registry when residency is requested. Law 8764 — Article 73
Frequently Asked Questions About Getting Married in Costa Rica
Can foreigners get married in Costa Rica?
Yes. Costa Rican residency or citizenship is not required merely to marry. Foreign nationals must establish identity, legal capacity, and freedom to marry and provide the documents required for the applicable procedure.
What is the minimum age to marry in Costa Rica?
Eighteen. Law 9406 made marriage involving a person under 18 legally impossible. Parental consent does not create an exception. Law 9406
Can two foreigners get married in Costa Rica?
Yes, provided both satisfy Costa Rican marriage requirements and provide the required foreign civil-status documentation.
Do I need a police background check to get married?
A criminal-background certificate is not part of the TSE’s published standard Civil Registry marriage checklist for foreign spouses. Do not confuse the marriage requirements with the later immigration requirements for residency, where a background check can be required. TSE: Foreign Marriage Requirements
Do I need my birth certificate?
For foreigners using the Civil Registry’s marriage-celebration procedure, the TSE lists an apostilled foreign birth certificate among the required documents. The requirements for a particular notarial marriage should be confirmed with the notary handling the ceremony.
Can a Costa Rican notary marry us at a hotel or wedding venue?
Yes. Article 24 authorizes Costa Rican notaries to perform civil marriages, allowing the legal ceremony to take place outside a Civil Registry office. Family Code — Article 24
Are Catholic weddings legally recognized?
Qualifying Catholic marriages have civil effect and are registered with the Civil Registry. The TSE maintains a specific registration process for civil and Catholic marriages. TSE: Registration of Civil or Catholic Marriage
Is same-sex marriage legal in Costa Rica?
Yes. The Civil Registry has processed same-sex marriages on the same legal basis as other marriages since May 26, 2020. TSE: Same-Sex Marriage Registration
Does marrying a Costa Rican automatically give me residency?
No. Marriage itself does not automatically issue a DIMEX or residency status. It does, however, create a specific legal basis to apply for temporary residency based on marriage to a Costa Rican citizen under Article 73 of Law 8764. Residency for Spouses of Costa Rican Citizens
Do I need to qualify as a Pensionado or Investor if I marry a Costa Rican?
No. Marriage-based residency is a distinct immigration category and is not conditioned on satisfying Pensionado pension income or Investor investment requirements.
Does marriage make everything we acquire jointly owned 50/50?
Not automatically. Article 41 creates ganancial participation rights upon the events specified by law. It does not mean every asset purchased during marriage is automatically registered or presently owned one-half by each spouse. Family Code — Article 41
Should we consider a prenuptial agreement?
It can be particularly useful when either person owns substantial assets, a business, Costa Rican or foreign real estate, expects a significant inheritance, has children from a prior relationship, or simply wants more certainty about property rights. The agreement should be designed under Costa Rican law and coordinated with any foreign matrimonial agreement.
Getting Married Is Simple; Understanding the Consequences Takes More Planning
For most couples, the ceremony itself is the easy part.
The more important legal questions often come afterward.
Has the marriage been properly registered?
Does a foreign spouse intend to apply for residency?
Were there previous marriages that need to be documented?
How will property acquired during the marriage be treated?
Should the couple execute matrimonial agreements?
Do they own assets in more than one country?
Those questions become especially important for foreign couples building their lives in Costa Rica.
The best approach is to treat the wedding, immigration planning, and matrimonial-property planning as connected but distinct legal matters.
Planning to get married in Costa Rica or marrying a Costa Rican citizen? Reach us. We can help you understand the marriage documentation, Civil Registry process, residency implications, and the legal issues that should be considered before and after the wedding.





