Cameron Miranda
Cuba has unique marriage laws and requirements, and it is important to understand them when considering marriage in the country. Cuban law is centred around advancing equality, and the Family Code, which covers marriage, divorce, and other family-related matters, is of utmost importance to the Cuban people. In 2022, Cuba made headlines by legalising same-sex marriage, becoming the first communist state and 32nd country worldwide to do so. This progressive step forward is a significant shift from the country's previous definition of marriage as a voluntarily established union between a man and a woman. With a rich cultural heritage and stunning natural landscapes, Cuba offers a memorable wedding experience for couples. However, it is crucial to navigate the legal requirements to ensure the marriage is recognised both in Cuba and internationally.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | No explicit mention, but Cuba has a civil union law and the Family Code that covers marriage |
| Marriage recognition | Cuba recognizes marriages both nationally and internationally |
| Marriage requirements | Both parties must present identity documents, and if divorced, a divorce certificate is required |
| Minimum age | 18 years old, with provisions for 14 years for girls and 16 years for boys in exceptional cases |
| Same-sex marriage | Legal since 2022 |
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What You'll Learn
Marriage in Cuba is a legal and social institution
The code defines marriage as a "consensual union of two people", with equal rights and duties for both partners. It also establishes a uniform marriageable age of 18 for men and women. To formalize a marriage, couples must present themselves with their identity documents and two witnesses to a notary or competent official, who will formalize the civil contract according to Cuban law. The process may vary depending on the immigration status of the individuals. For example, Cubans residing in Cuba must be accompanied by two witnesses with identity cards, while Cubans residing abroad must present their passports and entry/residence permits.
Foreigners wishing to marry in Cuba must present their birth certificates, passports, and any relevant certificates of bachelorhood, divorce, or widowhood. All documents must be written in Spanish or translated and legalized at the Cuban consulate. The recognition of marriages performed in Cuba extends beyond its borders, as the nuptial contract is legally recognized internationally. This means that marriages performed in Cuba will be valid even if the couple returns to their country of origin.
Same-sex marriage has been legal in Cuba since September 2022, after a majority of voters approved its legalization in a referendum. This change occurred after the National Assembly approved a draft family code containing provisions allowing same-sex couples to marry and adopt in December 2021. The first same-sex marriage in Cuba was performed in October 2022 in Manzanillo.
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Same-sex marriage has been legal in Cuba since 2022
Cuba has come a long way in advancing equality among its population, with same-sex marriage being legal in the country since 27 September 2022. This development was the result of a majority of voters approving the legalization of same-sex marriage in a referendum held on 25 September 2022. The new family code, which includes provisions for same-sex marriage and adoption, was signed into law by President Miguel Díaz-Canel on 26 September, and it took effect the following day upon publication in the Official Gazette.
The journey towards this landmark shift in equality began in 2007 when a civil union law was first proposed. Despite discussions and promotion by Mariela Castro, the legislation did not reach a vote in Parliament. In December 2017, LGBT groups launched a public campaign to repeal the constitutional ban on same-sex marriage, which was defined as "the voluntarily established union between a man and a woman". On 4 May 2018, Mariela Castro reaffirmed her commitment to the LGBT community by announcing her intention to propose an amendment to the Constitution to legalize same-sex marriage.
The Cuban government demonstrated its support for the LGBT community by launching a public consultation process on a new family code in March 2019. In May 2019, the government officially announced its plans to legalize same-sex marriage, and a draft family code was presented in September 2021. The draft family code was approved unanimously by the National Assembly on 21 December 2021, and it was published in the Official Gazette on 13 January 2022. The text underwent public consultation from 15 February to 6 June 2022, with approximately 6.5 million citizens participating. The government reported that 61% of the responses were in favor of same-sex marriage.
The final approval by the Assembly occurred on 22 July 2022, and the referendum on 25 September 2022 confirmed the Cuban public's support for the LGBT community. The referendum result, with approximately 67% of voters approving the changes, made Cuba the first communist state and the 32nd country in the world to legalize same-sex marriage. The first same-sex marriage in Cuba took place on 5 October 2022 in Manzanillo, marking a significant step forward in the country's recognition of equal rights for all its citizens.
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Marriage requirements for Cubans living in Cuba
Marriage in Cuba is a unique and memorable experience, offering beautiful natural landscapes, a rich culture, and warm hospitality. The country's laws define marriage as "a social and legal institution" and "one form of family organization". Cuban law is dedicated to advancing equality among the Cuban population, and the Family Code covers marriage, divorce, marital property relationships, recognition of children, obligations for children's care and education, adoption, and tutelage.
Age
Both parties must be at least 18 years old to marry.
Documentation
Both parties must present themselves with their identity documents, including:
- Birth certificates
- Current passports
- Divorce certification (if applicable)
- Death certificate of a former spouse (if widowed)
- Marriage certificate (if widowed)
- Affidavit of single status (if never married before)
- Medical certificate (if female and divorced within the last 300 days)
All documents must be translated into Spanish, certified by a translator, notarized, and legalized by the Cuban Consulate in the country from which they were sent.
Witnesses
Two adult witnesses who are fluent in Spanish are required.
Residence
Both parties must hold an entry and residence permit in the country.
Other Requirements
The spouses must:
- Share the same home
- Be faithful to one another
- Help, consider, and respect each other
- Cooperate with each other in the education and guidance of their children in line with the principles of socialist morality
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Marriage requirements for Cubans living abroad
Marriage in Cuba is a civil contract between two people that creates a legal and socially recognized union. The nuptial contract in Cuba is legally recognized both nationally and internationally. This means that your marriage will be valid even if you plan to return to your country of origin after the ceremony.
Cubans living abroad who want to get married in Cuba must present the following documents:
- Cuban passport
- Entry/residence permit
- Birth certificate
- Divorce settlement or a document stating that the person has never been married, signed before a notary public
If one of the parties is divorced, they must submit a divorce certification. If the woman has been divorced for less than 300 days, she must also present a medical certificate. If one or both parties were previously married, they must present a life certificate, a marriage certificate with a life note, and a certificate of termination of the previous marriage. All documents must be translated into Spanish and legalized by the Cuban Consulate in the country from which they were sent.
If Cubans living abroad are marrying foreigners residing outside Cuba, the foreigner must provide the following documents:
- Birth certificate
- Valid passport or other identity documents proving their visa to stay in Cuba
- Certificate of bachelorhood, divorce, or widowhood
- Permanent or temporary residence card in Cuban territory
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Marriage requirements for foreigners
Cuba recognizes marriages between Cubans residing in the country and foreigners residing outside Cuba. Here is a list of requirements for foreigners who want to get married in Cuba:
- Both parties must be at least 18 years old.
- Both parties must present themselves with their identity documents.
- Two witnesses with their respective identity documents are required. These witnesses must be fluent in Spanish.
- If one or both parties are divorced, they must submit a divorce certificate. If the woman is divorced within the last 300 days, she must also present a medical certificate.
- If one or both parties are widowed, they must present a death certificate for their spouse.
- If one or both parties are alive, they must present a life certificate.
- If one or both parties were previously married, they must present a marriage certificate with a life note and a certificate of termination of the previous marriage.
- All documents must be translated into Spanish and legalized by the Cuban Consulate or embassy in the country from which they were sent.
- It is important to consult with a local wedding organizer to ensure that all details are in order.
It is worth noting that the nuptial contract in Cuba is legally recognized both nationally and internationally, so your marriage will be valid even if you plan to return to your country of origin after the ceremony. However, it is crucial to fulfill all the legal requirements before traveling to Cuba.
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Frequently asked questions
To get married in Cuba, you must be at least 18 years old and cannot be related by blood or adoption. You must also be in the country for at least three days before your wedding day and provide various documents, including birth certificates and passports.
Yes, marriages in Cuba are recognized both nationally and internationally. This means that your marriage will be valid even if you plan to return to your country of origin after the ceremony.
The marriage is performed in front of a notary or competent official, who formalizes the civil contract according to Cuban law.
The marriageable age in Cuba is 18 for both men and women. Previously, Article 3 of Cuba's Family Code allowed girls as young as 14 and boys as young as 16 to marry. However, amendments to the Family Code in 2022 eliminated these exceptions, setting the minimum age of marriage at 18 without any exceptions.
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