Requirements for a U.S.–Peruvian Notarial Marriage

If you are a U.S. citizen and wish to enter into a civil marriage with a Peruvian citizen before a notary in the Republic of Peru, Law No. 31643 allows the marriage to be celebrated before a notary in the province where either of the future spouses resides.

Therefore, if your partner is domiciled in Lima, you may complete the process before a notary in the Province of Lima that offers this service.

In general terms, the notarial procedure follows the same formalities established by the Civil Code for a municipal civil marriage.

Before starting the process, we recommend contacting the notary’s office and requesting its list of documentary requirements, costs, professional fees and other conditions. Not all notaries perform civil marriages, and they do not always apply exactly the same administrative checklist. It is therefore advisable to choose the notary before obtaining apostilles, arranging translations or requesting documents with a limited period of validity.

1. Documents required from the U.S. citizen

A. Birth certificate

You must obtain a recent certified copy of your birth certificate issued by the competent authority in the state or county where you were born.

Recommendations:

• request a certified or long-form version;

• ensure that it was issued within the three months preceding the submission of the marriage file;

• obtain an apostille from the competent Secretary of State;

• translate both the birth certificate and the apostille into Spanish.

Peruvian authorities require foreign civil-status documents to be apostilled or, where an apostille is not applicable, legalized through the appropriate consular procedure. Documents issued in the United States will normally require an apostille under the Hague Convention.

B. Certificate of single status or legal capacity to marry

You must submit a document confirming that you are not currently married and are legally eligible to enter into marriage.

Depending on the U.S. state and the documents accepted by the Peruvian notary, this may consist of:

• a state or county certificate confirming that no marriage is registered;

• a certificate of no marriage record;

• a sworn declaration of single status;

• an Affidavit of Eligibility to Marry;

• a sworn declaration of legal capacity to marry executed before a notary.

This document must:

1. have been issued or signed recently and be no more than six months old at the time of the civil marriage;

2. be notarized in the United States, where applicable;

3. carry an apostille issued in the United States;

4. be officially translated into Spanish in Lima, Peru.

The United States does not issue a single uniform federal document to prove that a person is unmarried. Before requesting the document, you should therefore send the selected notary a sample or description of the document available in your state and ask for confirmation that it will be accepted.

In some cases, a certificate of no marriage record is provided.

The U.S. Department of State recognizes that foreign countries may require a declaration of legal capacity or eligibility to marry.

C. Valid passport

You must present:

• your original valid U.S. passport with valid tourist status;

• a copy of the biographical information page;

• the digital record of your tourist status, which can be downloaded from the website of the Peruvian immigration authority;

• a special permit to sign contracts.

The law authorizes the notary to verify the identity and immigration movements of the foreign future spouse through the systems of the Peruvian National Superintendency of Migration.

A Peruvian foreign resident identity card is not required if you hold a valid passport, unless the notary imposes a specific requirement relating to identification or immigration status.

The process must be completed before your authorized tourist stay expires. This period is 90 days if it is your first entry into Peru during the year.

D. Sworn declaration of residence in Peru

The notary may require a sworn declaration of temporary residence in Peru. You may provide the Lima address where you will be staying during the process.

This is normally supported by one of the following:

• a water, electricity or other utility bill for the address;

• a declaration from the owner of the property;

• an accommodation or rental agreement;

• a sworn declaration using the notary’s own form.

However, to establish the notary’s territorial jurisdiction, it is sufficient for one of the future spouses to prove residence within the relevant province.

In this case, your Peruvian partner may prove residence in Lima with a Peruvian DNI and, if necessary, a utility bill.

E. Prenuptial medical certificate

Both future spouses must provide a medical certificate issued within the 30 days preceding the opening or review of the marriage file.

The notary will specify:

• the approved medical facility;

• the required tests;

• whether screening for syphilis, tuberculosis or other diseases must be included;

• blood type and Rh factor;

• proof of preventive counseling.

The Civil Code requires the medical certificate to have been issued no more than 30 days earlier. In Lima, marriage procedures also commonly require proof of preventive counseling.

The simplest option is to undergo the medical examination in Lima immediately after arrival. This avoids the need to apostille and translate a medical certificate issued in the United States.

F. Photographs

Some notaries request one or two recent photographs:

• ID-card or passport size;

• in color;

• with a white background;

• in formal attire.

This is not a uniform legal requirement, but it may form part of the notary’s administrative file.

2. Documents required from the Peruvian citizen

Your partner must present:

1. An original valid DNI showing the correct marital status, with electoral obligations fulfilled or the corresponding fines paid.

2. A copy of both sides of the DNI.

3. A recent certified copy of the birth certificate, preferably issued no more than three months earlier.

4. A sworn declaration of single status or a certificate confirming that no marriage is registered, depending on the notary’s requirements.

5. A sworn declaration of residence.

6. A water, electricity or other utility bill proving residence in Lima.

7. A prenuptial medical certificate issued within the previous 30 days.

8. A recent photograph, if requested by the notary.

Authorities in Lima commonly require a recent birth certificate, valid identification, proof of residence, a medical certificate and a declaration of marital status.

3. Witnesses

The Civil Code requires adult witnesses who have known the future spouses for at least three years and who can declare that there is no legal impediment to the marriage.

Although the law states that each future spouse presents two witnesses, it allows the same two witnesses to be used by both. In practice, the couple may therefore present two joint witnesses.

To avoid objections, I recommend choosing:

• two adults;

• persons who are not related to either future spouse;

• persons who reside or are domiciled in Lima;

• persons who have known both future spouses for at least three years;

• persons with a valid Peruvian DNI or another accepted identity document.

The witnesses must participate when the marriage file is opened or sign the relevant declarations. They must also attend the ceremony if required by the notary.

4. Additional documents if either person was previously married

If the U.S. citizen is divorced

The following must be submitted:

• a certified copy of the final divorce judgment or decree;

• a document confirming that the divorce is final;

• the certificate of the previous marriage, where applicable;

• apostilles for the documents;

• an official Spanish translation.

If the U.S. citizen is widowed

The following must be submitted:

• the former spouse’s death certificate;

• the certificate or record of the previous marriage, if requested by the notary;

• an apostille;

• an official Spanish translation.

If the Peruvian citizen is divorced or widowed

The relevant Peruvian civil-status record must be submitted with the annotation showing the dissolution of the marriage, or the corresponding death certificate.

Where applicable, declarations relating to minor children and property under administration must also be provided.

5. Apostilles and translations of U.S. documents

The recommended order is:

1. Obtain the certified document in the United States.

2. Obtain the apostille from the competent authority.

3. Send the document and apostille to Peru.

4. Have the complete document, including the apostille, translated into Spanish in Lima, Peru.

5. Submit the originals and translations to the notary.

The translation must follow the format accepted by the notary, which may require an official, certified or special translation.

The main text alone should not be translated while omitting seals, certifications or apostilles.

6. Procedure before the notary

First stage: selecting the notary

You should choose a notary that:

• is located in the province corresponding to the residence of either future spouse;

• performs civil marriages;

• accepts marriage files involving a U.S. citizen;

• confirms in advance which type of proof of single status it will accept.

Second stage: preliminary review

Before traveling, it is advisable to send scanned copies of the following documents to the notary:

• birth certificate;

• certificate of single status or declaration of legal capacity to marry;

• apostilles;

• passport;

• DNI of the Peruvian citizen;

• Peruvian birth certificate;

• divorce or widowhood documents, where applicable.

This preliminary review reduces the risk that the notary will reject a document after your arrival in Lima because of its title, date of issue, apostille or translation.

Third stage: opening the marriage file

The future spouses state orally or in writing that they intend to marry and submit:

• personal documents;

• proof of residence;

• medical certificates;

• declarations confirming the absence of legal impediments;

• civil-status documents;

• information about the witnesses.

Fourth stage: publication of the marriage notice

The notary must announce the intended marriage by means of:

• a notice displayed at the notary’s office for eight days;

• a single publication in a local newspaper, where applicable.

The publication may also be made through legally permitted digital channels.

The notary may waive the publication requirement where there are reasonable grounds and all required documents have been submitted. However, the waiver is discretionary and should not be assumed.

Fifth stage: declaration of legal capacity to marry

Once the publication period has passed without any objection and the absence of legal impediments has been verified, the notary declares that the future spouses have the legal capacity to marry.

The marriage must then be celebrated within the following four months.

Sixth stage: ceremony

The ceremony is held publicly before the notary in the presence of:

• both future spouses;

• two adult witnesses;

• the notary.

The marriage record is signed by the notary, the future spouses and the witnesses.

The notary’s authority to perform the marriage is personal and may not be delegated.

Seventh stage: registration

The notary must send the marriage documents to the relevant civil registry within the statutory period.

It should later be confirmed that the marriage has been properly entered in the civil registry and that a certified marriage certificate can be obtained.

7. Practical timeframe for getting married

Because the marriage notice must remain posted for eight days, in addition to the time needed to review the documents, complete the medical examinations and coordinate the ceremony, it is not advisable to begin the process at the end of a short visit to Peru.

Preparation should begin before the trip:

• request the birth certificate in the United States well in advance;

• obtain the certificate or declaration of single status;

• obtain apostilles for both documents;

• send digital copies to the notary for preliminary review;

• schedule the medical examinations and the opening of the marriage file;

• arrange the participation of the two witnesses in advance.

As a practical timeframe, it is advisable to allow at least two or three weeks in Peru, unless the notary agrees to review the file in advance and grants a justified waiver of the publication requirement.

8. Prenuptial agreements: legality in Peru

Yes, prenuptial agreements are legal in Peru. However, the main and most effective instrument under Peruvian law is a public deed establishing the separation of property regime.

Before the marriage, the future spouses may choose between:

• community property, which applies by default;

• separation of property, under which each spouse retains ownership, administration and control of their present and future assets.

For the separation of property regime to be valid and enforceable against third parties, it must:

• be established by public deed;

• be signed by both future spouses;

• be registered in SUNARP’s Personal Registry;

• be completed before the marriage is celebrated.

If the public deed is not executed and registered, the couple is presumed to have chosen the community property regime.

For registration, SUNARP requires the notarized copy of the public deed, the registration application and payment of the corresponding fee.

The registration is normally handled by the notary.

Possible additional provisions

In addition to establishing the separation of property regime, the agreement may include the following, provided that it is properly drafted:

• an inventory of the assets owned by each future spouse;

• identification of bank accounts, investments, businesses and real estate;

• recognition of personal debts incurred before the marriage;

• rules governing the acquisition of jointly owned property;

• ownership percentages in future investments;

• rules governing administration and reimbursement;

• treatment of assets acquired with funds originating in the United States;

• each spouse’s contribution to shared expenses;

• treatment of income and proceeds generated by separate property;

• rules for documenting and tracing international transfers.

However, clauses affecting non-waivable rights, maintenance obligations, children’s rights, custody, parental authority or matters of public policy may be invalid or unenforceable.

The agreement should therefore focus primarily on lawful and freely disposable property matters.

Effectiveness in the United States

A Peruvian public deed establishing the separation of property regime is effective under Peruvian law. Its recognition in the United States, however, will depend on the law of the state with which the couple has a connection, for example:

• the place of marital residence;

• the location of the assets;

• the spouses’ domicile;

• the state where a future divorce may be filed.

Where assets, bank accounts, inheritances or business interests exist in the United States, it is advisable to coordinate a parallel or compatible agreement with an attorney licensed in the relevant U.S. state.

9. Recommended order

The legally safest sequence would be:

1. Choose a notary in Lima.

2. Obtain the notary’s written list of requirements.

3. Request the birth certificate and proof of single status in the United States.

4. Obtain apostilles for both documents.

5. Send digital copies for preliminary review.

6. Prepare and sign the public deed establishing the separation of property regime.

7. Register it with SUNARP before the marriage.

8. Travel to Peru with all original documents.

9. Complete the medical examinations in Lima.

10. Open the marriage file with the witnesses.

11. Complete the publication of the marriage notice or apply for a waiver.

12. Celebrate the marriage before the notary.

13. Confirm the civil registration.

14. Obtain certified copies of the marriage certificate.

15. Apostille a Peruvian marriage certificate if it will be used before U.S. authorities.

A marriage validly celebrated under Peruvian law can generally be recognized in the United States, although the specific use of the marriage certificate will depend on the immigration, administrative or state procedure for which it is submitted.

The U.S. Department of State states that marriages celebrated abroad are valid in the country where they take place when they comply with local law.