Cameron Miranda
The law of Panama is based on civil law with influences from Spanish legal tradition and Roman laws. While there is no California statute that addresses the validity of a marriage in Panama, California does recognize marriages that are considered valid in the jurisdiction in which they were initiated. Common-law marriages are valid in Panama, and so California recognizes common-law marriages that were established in accordance with Panamanian law. To be recognized under Panamanian law, a couple must bring the necessary documents to the Panama Marriage Court for a civil wedding ceremony.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized? | Yes |
| Registration of marriage | Can be done personally |
| Health certificate | Required by a licensed medical doctor within 15 days before the marriage |
| Birth certificate | Required, apostilled |
| Certificate of lifetime single status | Required, obtained by signing a sworn assertion in front of a notary public and two witnesses |
| Divorce or death certificate | Required, apostilled |
| Civil marriage certificate | Required |
| Identity card or passport | Required |
| Marriage Court | Required for civil wedding ceremony |
| Catholic wedding | Requires a pre-marriage preparation course and a signed Statement of Marriage in front of a priest and two witnesses |
| Baptism certificate | Required for Catholic wedding |
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What You'll Learn
Common-law marriages are recognised in Panama
The law of Panama is based on civil law with influences from Spanish legal tradition and Roman laws. Several features of Anglo-American law have also been accepted in Panama. Common-law marriages are recognised in Panama. A de facto marriage bestows the same legal rights and obligations on the parties as a civil marriage. For example, upon the dissolution of a de facto marriage, each party is legally entitled to half of the property acquired during the marriage, even if the marriage was never civilly registered.
In California, common-law marriages are not recognised as valid. However, a marriage that is valid under Panamanian law would be recognized by the State of California. This means that a common-law marriage that was established in accordance with Panamanian law would be recognised in California.
To be recognised under Panamanian law, there are several requirements that must be met. All parties must bring the necessary documents and either a Panama identity card or passport to the Panama Marriage Court for the civil wedding ceremony. The documents required include a health certificate by both persons, including a physical from a licensed medical doctor prepared within 15 days before the marriage. Birth certificates must be apostilled, and divorced or widowed parties need an apostilled divorce decree or death certificate. Never-married singles must obtain a Certificado de Solteria, which can be achieved by signing a sworn assertion in front of a Panama notary public and two witnesses.
The recognition of common-law marriages in Panama highlights the country's acceptance of diverse family structures and its commitment to protecting the rights of all citizens, regardless of their marital status. It is important to note that the laws and requirements surrounding marriage in Panama are subject to change, and individuals should seek legal advice for specific situations.
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Requirements for marriage in Panama
Common-law marriages are valid in Panama. A de facto marriage bestows the same legal rights and obligations on the parties as a civil marriage. Upon the dissolution of a de facto marriage, each party is legally entitled to half of the property acquired during the marriage, even if the marriage was never civilly registered.
- At least one of the parties must be a Panamanian national and must present a document (identity card or passport) accrediting them as such.
- Both parties must present a signed declaration expressing their intention to marry, and indicating their surnames, first names, civil status, nationality, age, profession, and residence or domicile, as well as that of their parents.
- A prenuptial health certificate, or "medical certificate of good health", issued by a doctor authorised to practise in the country of origin within 15 days before the date of the marriage. Laboratory tests (VDRL, Hematic Biometry, Urinalysis) are also required, as well as a medical certification indicating that the parties have been tested for STIs and HIV/AIDS.
- Two witnesses of legal age (18 years old) who are not related to either party.
- Registration in Panama's Civil Registry, even if the marriage is celebrated abroad.
- A marriage certificate from Panama's Civil Registry, valid only for 6 months.
- A copy of the Panamanian partner's National ID (cedula), authenticated by the Civil Registry.
- A birth certificate for any children the couple may have, also valid for only 6 months.
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California recognises Panamanian common-law marriages
California does not recognize common-law marriages within its own jurisdiction. However, California does recognize common-law marriages that were established in accordance with the laws of other jurisdictions, including Panama. This is because the California Family Code provides that "a marriage contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in this state."
In Panama, common-law marriages are legally recognized. A de facto marriage, or common-law marriage, bestows the same legal rights and obligations on the parties as a civil marriage. For example, upon the dissolution of a de facto marriage, each party is legally entitled to half of the property acquired during the marriage, even if the marriage was never civilly registered.
Therefore, a common-law marriage that is valid under Panamanian law would be recognized by the State of California. For example, in the case of a common-law marriage between a Claimant and NH, the marriage was found to be valid under Panamanian law and was therefore recognized in the State of California, entitling the Claimant to divorced spouse benefits.
It is important to note that the specific requirements for a valid common-law marriage may vary between jurisdictions. In Panama, the registration of marriages can be done personally and requires several documents, including health certificates, birth certificates, and a Panama civil marriage certificate. Additionally, Panama's legal system is based on civil law with influences from Spanish legal tradition, Roman laws, and Anglo-American law.
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Registration of marriages in Panama
In Panama, civil registration of births, marriages, and deaths began in 1914. At that time, the mayors of districts and villages recorded daily the births, marriages, and deaths occurring within their jurisdiction. In 1974, the Direccion Nacional del Registro Civil (National Civil Registry) was created under the Tribunal Electoral, and Civil Registry offices were established within each provincial capital.
Registration Process
To register a marriage in Panama, the following documents must be submitted in person:
- An original marriage certificate or a certified copy issued by the Office of Vital Records.
- Translation of the certificate to Spanish by an authorized public translator in the United States or Panama. The translation must be done in Panama and can be attached to the original certificate with a wire, forming a booklet. In this case, the stamp of authentication will be placed on the back of the basic document.
- A fee of $30.00 per document, payable by money order made out to the Consulate of Panama.
- Copy of a Panamanian ID for both spouses. If one spouse is not a Panamanian citizen, they must submit a copy of their passport or ID.
If the marriage certificate is in a language other than Spanish, a translation by an authorized public translator must be submitted and authenticated by an accredited Panamanian diplomatic or consular agent in the country where the marriage took place.
Additionally, medical examinations of both parties must be duly authenticated by the Consul of Panama, in accordance with Article 877 of the Judicial Code of Panama. Once all conditions are met, the Consul will establish a simple certificate of celebration, which will be signed by the contracting parties, witnesses, Consul General, and their secretary. This act of celebration will serve as the basis for completing the registration certificate of the Civil Registry of Panama.
Registration Timing
The registration process for marriages, births, and deaths in Panama takes approximately 6 to 8 months.
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Divorce proceedings in Panama
The divorce process in Panama can be complex, and it is important to understand the specific requirements and procedures. Here is an overview of the key aspects of divorce proceedings in the country:
Grounds for Divorce
Panama's Family Code, established in 1994 and modified by Law 12 of the same year, outlines the grounds for divorce. There are ten allowable reasons for a divorce to be granted in Panama. These include adultery, cruelty, abandonment, and attempted prostitution of the spouse by the other spouse. One of the most significant aspects of Panama's divorce law is the recognition of unilateral divorce. If only one spouse seeks a divorce and can prove that the other spouse is at fault on any of the ten grounds, a unilateral divorce may be granted. However, the spouse filing for divorce must be innocent of any wrongdoing and not accused of the same grounds for divorce by their partner.
Separation Requirements
Panama previously required a two-year separation period before couples could apply for divorce. However, this period was reduced to one year due to the lengthy duration being considered impractical. De facto separation, or mutual consent, is recognised as grounds for divorce in Panama. This means that if a couple has been living separately and can provide evidence of their separation, it can serve as a basis for dissolving the marriage.
Court Proceedings
The divorce process in Panama typically involves court hearings. The formal request for divorce must be made in writing, including the full names of both spouses, their Panama cedula numbers, and the grounds for divorce. Once the request is filed, the defendant must be served with the complaint. The court will then conduct an initial hearing within 15 days to explore the possibility of reconciliation. If reconciliation is not possible, the court will proceed to accept evidence from both parties. The judge will prepare a summary of the proceedings for both parties to sign. If one or both spouses refuse to sign, it will be noted in the court records.
Finalisation of Divorce
After the initial hearing and evidence presentation, the court may schedule additional hearings if necessary. If no further hearings are required, the court will issue a divorce decree, officially dissolving the marriage. It is important to note that the court has the authority to deny the divorce petition if it deems reconciliation possible or if the requirements are not met. The losing party, in this case, has the right to appeal the decision to the Family Superior Court.
Recognition of Common-Law Marriage
Panama does recognise common-law marriages, also known as de facto marriages. These marriages provide the same legal rights and obligations as civil marriages. Upon the dissolution of a common-law marriage, each party is legally entitled to half of the property acquired during the union, even if the marriage was not officially registered. This recognition of common-law marriages in Panama extends to other jurisdictions, such as California, which would acknowledge a common-law marriage established under Panamanian law.
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Frequently asked questions
Yes, common-law marriage is legally recognized in Panama.
A common-law marriage, or de facto marriage, bestows the same legal rights and obligations on the parties as a civil marriage. Upon the dissolution of a de facto marriage, each party is legally entitled to half of the property acquired during the marriage, even if the marriage was never officially registered.
The requirements for a common-law marriage in Panama include:
- A health certificate by both persons, including a physical from a licensed medical doctor prepared within 15 days before the marriage.
- Birth certificates must be apostilled—an internationally recognized government authentication of public records.
- If applicable, a divorce decree or death certificate must also be provided.
- A copy of the Panama civil marriage certificate.
- All documents must be brought to the Panama Marriage Court (Juzgado en Turno en Matrimonios) for the civil wedding ceremony.
If the couple is Roman Catholic, the Panama Roman Catholic Church requires that a civil wedding occur before the religious ceremony. Before the Catholic wedding, the couple must take a pre-marriage preparation course and upon completion, they will receive a Certificate of Attendance. They will then sign a Statement of Marriage in front of a priest along with two witnesses and provide their baptism certificates.
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