Marriage Record Requirements and Procedures

Specific Content of Marriage Records (Art. 89)

The marriage record, or minutes, must contain the following specific information:

1. The full name, identification (ID), age, profession, place of birth, and address of each of the parties.
2. The full names, professions, and domiciles of the father and the mother of each of the parties.
3. The declaration made by the husband and wife, confirming their intent to marry.
4. The statement made by the contracting parties regarding the recognition of children, if applicable.
5. The full name, identification (ID), age, profession, and address of each of the witnesses.

Provisions for Deaf or Mute Parties in Marriages

In cases involving deaf or mute individuals, their expression of consent must be in writing if they are able to write, and the record shall contain this information. If they cannot write, they must be assisted by a conservator who will sign the act on their behalf. Furthermore, if anyone does not understand the Castilian language, they shall be assisted by a qualified interpreter.

Witness Requirements

General Witness Requirements (Art. 448)

According to Article 448, witnesses should be two elderly neighbors, residents of the parish or municipality.

Authorized Public Officials for Marriage (Art. 82)

The public officials authorized to solemnize marriages include:

• The highest civil authority of the parish or municipality
• The Chairman of the Community Board
• The Judge of the parish or municipality
• The Chief of the Civil District
• The President of the City Council

Marriage in Articulo Mortis (Art. 98)

Article 98 states that if the attendance of authorized officials is not feasible or easy, the marriage may be solemnized in the presence of three adult individuals who are not related to either of the contracting parties. At least one of these witnesses must be able to read and write. These individuals shall preside over the act and receive the declaration of the spouses who take each other as husband and wife.

Declarant Requirements (Art. 86)

The declarants are, obviously, the future parties who express their willingness to marry. Marriage can also be solemnized through an agent, as per Article 85.

Witnesses for Marriage Ceremony (Art. 86)

Marriage Solemnized in Official Office (Art. 86.1)

If the marriage is solemnized in the office of public officials, the act must be verified in the presence of two witnesses over twenty-one years of age. These witnesses may be relatives of any degree.

Marriage Solemnized Outside Official Office (Art. 86.2)

If the marriage is solemnized outside the official office, there must be four (4) adult witnesses. Two of these witnesses must not be related to either of the contracting parties.