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Hanniblesmother

Oct 22, 2011, 6:07 PM

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Invalid Mexican marriage certificate

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Perhaps someone has some knowledge on the specific laws for a Mexican marriage. We ..US citizens... Got married in Oaxaca in1995. There were no blood tests no x rays . Both of us were previously married an divorced to other partners in the U.S. Also. We did not produce prior divorce papers or birth certificates . And the civil ceremony was in Spanish as well as the license of which i did not understand . My Name on the certificate was not my current legal name at that time.. My x husbands. Is this certificate valid!, Thank you



mazbook1


Oct 22, 2011, 7:56 PM

Post #2 of 13 (16946 views)

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Re: [Hanniblesmother] Invalid Mexican marriage certificate

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In general, Mexican civil marriage certificates are valid anywhere in the world. That said, it sure sounds as if the Registro Civil where you got married in Oaxaca messed yours up. It would probably take a legal opinion from a family court lawyer IN Oaxaca to tell you whether or not it is truly valid. Normally, quite a bit more paperwork is necessary for foreigners who have been previously married/divorced.

The name on your certificate "should" be whatever name was on your U.S. Passport at the time, if that had your last name as your ex-husbands, that was your "legal" name as far as the Registro Civil was concerned.


AlanMexicali


Oct 23, 2011, 11:46 AM

Post #3 of 13 (16860 views)

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Re: [Hanniblesmother] Invalid Mexican marriage certificate

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I was married in the summer of 2010 in Mexico and they had my parent's country of origin wrong. I went back to the Registar Civil and after 3 visits got an amendment to the Acta De Matrimonio that is a supplement page to the original to make everything neat and tidy for future events. This did not cost anything. They whited out the two original licenses and corrected it also with the right country typed over the white out. They told me it was corrected in thier system and there would be no problem if some agency checked with them.


(This post was edited by AlanMexicali on Oct 23, 2011, 11:56 AM)


Marlene


Oct 24, 2011, 11:44 PM

Post #4 of 13 (16732 views)

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Re: [Hanniblesmother] Invalid Mexican marriage certificate

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Civil (legal) ceremony must be in Spanish, but there should have been a translator present. Lack of blood tests (xrays?) have no bearing on legality. They don't make foreigners jump through the same hoops. But if you told them you had been previously married, then there is additional steps needed. You should probalby assume after all this time that you are indeed legally married.


(This post was edited by Marlene on Oct 24, 2011, 11:46 PM)


Flaekingur


Oct 29, 2011, 10:40 PM

Post #5 of 13 (16560 views)

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Re: [Marlene] Invalid Mexican marriage certificate

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My daughter was married years ago in cabo San Lucas in a civil cermony. A few yeas later i was translating the marriage certificate and found that the bride and groom's names were transposed. 'Jane Doe' and 'John Smith' were listed as 'Esposo: Jane Smith', 'Esposa: John Doe'. Accordingly, they are shown as "Sr. y Sra. Jane Smith."
This no doubt would require a lawyer to get a real opinion but what do the members of this forum think of this. Are they legally married or not?
Al


davidkrug

Nov 3, 2011, 1:23 PM

Post #6 of 13 (16437 views)

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Re: [Flaekingur] Invalid Mexican marriage certificate

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Yes they are legally married.

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Aaron+

Nov 3, 2011, 3:28 PM

Post #7 of 13 (16416 views)

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Re: [Flaekingur] Invalid Mexican marriage certificate

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I believe (rather than I know) that the couple, if ever in Cabo San Lucas again, can go to the local REGISTRO CIVIL (Civil Registry) with proper ID (such as a passport), and the Civil Registry will be able to correct the record and issue a new copy for a very modest fee, no lawyer required. They should bring a copy of the original. (If the couple lost any copy, usually having the date of the ceremony should suffice.) I think it advisable to have the names correctly listed. Or it may be simpler just to marry before a justice of the peace in the U.S.A.


martian95524@yahoo.com

Dec 16, 2011, 10:04 AM

Post #8 of 13 (15772 views)

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Re: [Hanniblesmother] Invalid Mexican marriage certificate

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Three suggestions: 1) Get remarried 2) Make sure property deeds and other property (such as motor homes are in both your names and 3) Both of you should have copies of your Last Will And Testament, as well as the Executor and financial advisor and/or attorney.

Also, keep your life, home, vehicles and other valuables insured.

Just follow those steps and you will avoid the cost and delay that can make life hell for a surviving spouse and add to the pain and misery that goes with losing a life companion.


mazbook1


Dec 16, 2011, 12:24 PM

Post #9 of 13 (15740 views)

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Re: [martian95524@yahoo.com] Invalid Mexican marriage certificate

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I will add one thing to martian's quite good advice. All those things that he says to put in BOTH names should ALWAYS be John Xxxxx OR Betty Xxxxx, NEVER John Xxxxx AND Betty Xxxxx. The latter will cause untold amounts of grief should something happen to one or the other partners in the marriage.


Papirex


Dec 17, 2011, 7:09 PM

Post #10 of 13 (15632 views)

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Re: [martian95524@yahoo.com] Invalid Mexican marriage certificate

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Good advice for another country. Here, dual ownership is not allowed. Only one owner is allowed per vehicle, it is impossible to put a vehicle in more than one name, if you want to allow your spouse to legally drive your car regularly without your being with her, you must write a letter of permission, to put with the registration papers in the car, and list her on your insurance policy.

Joint tenancy (dual ownership of real property) is not possible here either. A current, valid testament (will) is the best way to assure that your surviving spouse will get to keep all of your property, and that no other person can get it, that happens too often here.

Community property is not recognized here. If people are married in Mexico, they may choose at the time of the marriage how any property is to be disposed of in case of a divorce later. Usually, the husband gets everything, and the wife gets nothing, no support. or child care monies, etc. Unfair? Yes. Is that the way it is? Bet the rent.

It is important to know that México is not a country of laws, but of legal codes, all of which are subject to local interpretation.

You need to live here for more than a decade to know how things work here, it won't be the same as in the old country. Don't act on any advice given by anyone that doesn't live here. Logic will get you nowhere here.

Rex
"The supreme happiness of life is the conviction that we are loved" - Victor Hugo


mazbook1


Dec 18, 2011, 12:34 AM

Post #11 of 13 (15607 views)

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Re: [Papirex] Invalid Mexican marriage certificate

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Rex, WRONG! It is not CUSTOMARY to put a vehicle in two names with an "O", but it is legal. The first time, the dealership gave me a lot of static about it, but I forced them to check with the state, and they came back and did it with a smile. The second one was no problem at all. I've done it with two vehicles already, and my notary said I could do it on any further real estate I purchase.

Well, I've lived here for over 13 years, been in business here for over 13 years, bought both vehicles and property here during those 13 years and paid good money to both notaries and accountants for the best, legal, up-to-date advice on the Mexican law. I think I might have a reasonably good handle on what can and what cannot be done in México.

I won't comment specifically about your comments on joint tenancy or community property, as much of that is up to the courts, but IF the partners agreed to be subject to the regimen of Sociedad Conyugal, at the time they got married, the law is pretty specific, similar but not quite the same as NOB community property. As far as child support goes, the family courts (at least in Sinaloa) award child support nearly automatically, even it the partners were just in a "unión libre", rather than a formal marriage registered with the Registro Civil and performed by a judge.


(This post was edited by mazbook1 on Dec 18, 2011, 12:38 AM)


Papirex


Dec 18, 2011, 11:47 AM

Post #12 of 13 (15546 views)

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Re: [mazbook1] Invalid Mexican marriage certificate

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It is important to remember that no laws, particularly motor vehicle laws are uniform in this country. There are 31 states here, and most if not all of them have different laws. Even Federal laws. When The National Congress passes a federal law, it does not become effective in all Mexican States. It is sent to the 31 state legislatures to adopt it or not.

The United States has 50 states. There are 50 state DMVs there, with different requirements for almost everything, just like here.

I know from experience that dual vehicle owners are not allowed here in Morelos, or in The DF when we lived in México City. We lived in Mexico city when we nationalized the first car, it was registered in both of our names in Alaska. That was not allowed in Mexico City. We lived in another state when we nationalized the second car, same as in Mexico City, it was not allowed to put it in both of our names.

I am surprised, but pleased that you were able to do it where you live, probably at great expense. Only you will know if it was worth it. Using the services of a Notario seems unneeded though, unless he was acting as an attorney only. A Notario Publico in México is an attorney that has had extra education in real estate laws. They hold a commission from the Governor of their state. They are the only people that may issue a valid deed, check to see if a property has liens, or other fiscal encumbrances, etc.

Having a legal in Mexico marriage, and a valid testament is probably simpler, and cheaper for most people though.

What a law says, and getting it enforced are two different things. My late Mexican wife's best friend is a Doctora in México City. Her husband abandoned her and their children many years ago, she was unable to get any support for herself, or their children. She is still his wife, she has also been unable to get a divorce, he has been able to prevent that.. She, and their children, have also been unable to find out where he is living. I do not know, and I have not asked, what regimen they chose when they were married.



Rex
"The supreme happiness of life is the conviction that we are loved" - Victor Hugo


stevebrtx

Dec 18, 2011, 12:12 PM

Post #13 of 13 (15543 views)

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Re: [Papirex] Invalid Mexican marriage certificate

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OMG! - you mean I'm still married to my second X wife - OMG. We were married in Juarez in '69 in a civil ceremony (the place looked a lot like a feed & grain store) later in CO in a church - and divorced some years later in CO. Now you're telling me I may still be married to her? - well, better than hearing that about my first venture into matrimony, that would require a good stout dose of hemlock with a tequila chaser.
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