Getting married in Peru when one partner is Peruvian and the other is a foreign national can feel overwhelming at first. Different authorities, unfamiliar documents, apostilles, translations and local procedures often raise more questions than answers. This guide walks you through the process in clear, practical terms, so you know what to expect, how to prepare, and how to avoid common delays, whether you choose a municipal or a notarial civil marriage.
1. General Framework: Municipal Civil Marriage and Notarial Civil Marriage
In Peru, a civil marriage can currently be celebrated through two official channels:
1) Before the Municipality
Marriage is processed through the Civil Registry Office of the district where one of the spouses resides. In many municipalities, this office operates under the Social Development Department, where DEMUNA also functions, although the civil marriage itself is formally performed by the Civil Registry.
2) Before a Notary Public
Since Law 31643, civil marriage may also be celebrated before a notary, under the framework of the Notarial Competence Law for Non-Contentious Matters. The Notarial Association of Lima provides procedural guidelines, although each notary may establish specific requirements.
Important:
As of the date of this article, Peruvian legislation only recognizes civil marriages between a man and a woman. Same-sex marriages performed abroad cannot be registered with RENIEC unless a Constitutional Court ruling orders their inscription.
2. Common Requirements for Both Municipal and Notarial Marriage
2.1. Capacity and Absence of Impediments
Authorities verify that both parties:
• Are over 18 years old.
• Have no legal impediments to marry (previous marriage, prohibited degrees of kinship, etc.).
• Are capable of expressing free and voluntary consent.
2.2. Basic Documentation for Both Spouses
Municipalities and notaries generally require:
• Marriage application signed by both spouses.
• Recent birth certificate:
– Peruvians: issued within 3 months.
– Foreign nationals: issued within 6 months, apostilled and translated if necessary.
• Valid identification:
– Peruvian: DNI.
– Foreigner: passport with valid visa or foreign resident ID (carné de extranjería).
• Certificate of single status or equivalent document.
• Sworn statements regarding civil status and domicile.
• Prenuptial medical certificate (if still required by the municipality).
• Payment of municipal or notarial fees.
3. Specific requirements
3.1. For the Peruvian Citizen
• Valid DNI with updated marital status and domicile.
• No outstanding electoral fines (check via JNE).
• Recent birth certificate issued by RENIEC.
• Additional documents when applicable:
– Divorce: marriage certificate with divorce annotation or final court resolution (apostilled and translated if issued abroad).
– Widowhood: spouse’s death certificate (apostilled and translated if issued abroad).
• Sworn statements according to municipal or notarial formats.
• Proof of domicile within the district (for municipal marriages).
3.2. For the Foreign National
• Valid passport (and foreign resident ID if applicable).
• Recent birth certificate (max. 6 months), apostilled and officially translated in Peru.
• Certificate of single status or “Affidavit of Single Status,” apostilled or legalized as required.
• Divorce decree or death certificate, apostilled and translated if applicable.
• Proof of domicile in Peru when requested by the municipality or notary (sworn statement, utility bill, rental contract).
4. Witnesses
Both marriage procedures require two witnesses who:
• Are over 18 years old.
• Hold valid DNI (or equivalent ID for resident foreigners).
• Have no close kinship with the spouses (as defined by each municipality).
• Sign the marriage application and relevant documents.
Notaries may also ask witnesses to confirm they personally know the spouses and are aware of no legal impediments.
5. Publication of Marriage Banns (Edicts)
5.1. Municipal Marriage
After the application is accepted:
• The municipality issues the marriage edict.
• It is published in the municipal premises and/or in a local newspaper.
• Display time is usually around 8 business days.
• A dispensation may be requested for justified reasons (security, urgency, health), with supporting documentation and an additional fee.
5.2. Notarial Marriage
• The notary issues the edicts and publishes them in a newspaper and/or at the notary’s office.
• Dispensations may also be granted when justified.
6. Municipal Marriage: Step-by-Step Procedure
6.1. Documents to Prepare in the Country of Origin
The foreign spouse must obtain:
• Recent apostilled birth certificate.
• Certificate of single status or affidavit.
• Divorce or death certificates if applicable.
All documents must be apostilled and officially translated in Peru.
6.2. Documents to Prepare in Peru
The Peruvian spouse must:
• Update their birth certificate at RENIEC.
• Check that their DNI shows the correct marital status and domicile.
• Obtain required sworn statements, domicile certificates, and medical certificates (if required).
6.3. Submission of the Marriage File
• The couple files the application signed by both spouses and the witnesses.
• The Civil Registry reviews and assigns an expedition number and tentative ceremony date.
6.4. Publication of Edicts
• The municipality issues the edict.
• The couple arranges newspaper publication if required and verifies municipal posting.
• After the observation period (usually 8 business days), the ceremony date is confirmed.
6.5. Ceremony and Marriage Certificate
• The mayor or authorized official conducts the ceremony.
• The spouses, witnesses, and officiant sign the marriage act.
• The act is recorded in the Civil Registry, and the official marriage certificate is issued.
6.6. Post-Marriage Procedures
• The foreign spouse must wait 10–15 days until RENIEC registers the marriage in the national system.
• They must then request a recent certified marriage certificate for immigration procedures.
• The Peruvian spouse must update their DNI to “married.”
• It is recommended to register the marriage at the foreign spouse’s consulate for future immigration processes; this typically requires a new Peruvian marriage certificate, apostilled and translated.
7. Notarial Marriage: Step-by-Step Procedure
7.1. Choosing the Notary
The spouses may freely choose any notary.
7.2. Preparing the File
Requirements are similar to the municipal process, with emphasis on apostilled and translated foreign documents and sworn statements.
7.3. Review and Edicts
The notary evaluates the file, orders publication of edicts, and waits for any opposition.
7.4. Notarial Ceremony
• The ceremony takes place at the notary’s office or at another agreed location.
• The notary verifies identity, reads the relevant Civil Code articles, and receives the spouses’ consent.
• A public deed of civil marriage is issued and later registered with the corresponding Civil Registry.
8. Practical Considerations for Peruvian–U.S. Couples
• Obtaining, apostilling, and translating U.S. documents may take several weeks.
• Names, dates, and spellings must match exactly across all documents.
• All English documents must be translated by a certified sworn translator in Peru.
• If the foreign spouse does not have a Peruvian foreign resident ID, they may use their passport with entry stamp and a sworn domicile statement.
9. Prenuptial and Postnuptial Agreements
Peruvian law allows:
• Prenuptial agreements to maintain separate property regimes.
• Postnuptial changes to separation of property, executed via public deed and registered with SUNARP.
10. Conclusion
Whether celebrated at a municipality or before a notary, civil marriage between a Peruvian citizen and a foreign national requires:
• Proper identification, civil status, and domicile documentation.
• Apostilled and officially translated foreign documents.
• Compliance with the publication of marriage edicts.
• Two qualified witnesses and explicit consent from both spouses.
Notarial marriage is often faster and more flexible, though more expensive. In both cases, the legal foundation and requirements ensure transparency, capacity, and voluntary consent.
Civil Marriage in Peru for Peruvian–Foreign Couples: Key Questions Answered
A foreign national must provide a valid passport, a recent birth certificate (issued within the last six months), apostilled in the country of origin and officially translated in Peru. A certificate of single status or an affidavit confirming marital status is also required, as well as divorce or death certificates if applicable.
Yes. A foreign national can marry in Peru using a passport with a legal entry stamp and a sworn declaration of domicile in Peru. Some municipalities or notaries may also request a rental contract or utility bill as supporting evidence.
Yes. A foreign national can marry in Peru using a passport with a legal entry stamp and a sworn declaration of domicile in Peru. Some municipalities or notaries may also request a rental contract or utility bill as supporting evidence.
Obtaining and apostilling documents abroad can take several weeks, depending on the country and issuing authority. Official translations in Peru are usually completed within a few business days once all documents are available.
After the ceremony, the marriage must be registered in the Civil Registry and then entered into the RENIEC system. This process usually takes around 10 to 15 days. Once registered, an updated marriage certificate can be requested for immigration or other legal procedures.
Yes. Once the marriage is properly registered with RENIEC, the foreign spouse may apply for residency in Peru as the family member of a Peruvian citizen, using a recent marriage certificate and the updated DNI of the Peruvian spouse.
Yes, in most cases. Marriage banns must be published to allow third parties to raise legal objections. In justified situations, a dispensation may be granted by the municipality or notary upon request and payment of an additional fee.
Yes. Names, surnames, and dates must be consistent across passports, certificates, court documents, and translations. Even minor discrepancies can lead to observations and delays in the marriage process.
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