Marriage of foreigners in Georgia: what to do under Georgian law

What to do

1. Admission: a foreigner without a lawful basis of stay is registered only for births and deaths (Law on Civil Acts, Art. 10) — check the visa-free period, visa or residence permit. A marriage is allowed from age 18 (Law on Civil Acts, Art. 51); it is not allowed if one party is already married, or between persons of the same sex (Law on Civil Acts, Art. 54). The conditions of marriage are governed by the law of each party's citizenship (Law on Private International Law, Art. 44).
2. Documents: identity documents are needed and, if there was a previous marriage, a document terminating it (Procedure for Registration of Civil Acts, Art. 39); the spouses confirm the absence of impediments themselves in the application (Law on Civil Acts, Art. 52) — the law does not require a separate certificate of no impediment to marriage. Foreign documents — with legalisation or apostille (Law on Civil Acts, Art. 11) and a certified translation (Procedure for Registration of Civil Acts, Art. 8).
3. Procedure: the marriage is registered by the Public Service Hall (Public Service Development Agency) or a notary (Law on Civil Acts, Art. 4). Registration through a representative is prohibited (Law on Civil Acts, Art. 52); at least two adult, legally capable witnesses are required (Law on Civil Acts, Art. 52). Registration takes place at the time specified in the application; the application is valid for 2 months (Procedure for Registration of Civil Acts, Art. 41). The form is governed by the law of the place of conclusion (Law on Private International Law, Art. 44).
4. Property with different citizenships: the law governing the spouses' property may be chosen notarially (Law on Private International Law, Art. 45).
5. Abroad: the apostille on the Georgian marriage certificate is affixed by the Public Service Development Agency (Procedure for Certifying Documents by Apostille, Art. 5); recognition of the marriage is decided by the law of the country of citizenship — clarify this with the consulate in advance.
6. Where to apply: Public Service Hall or notary; consulate of the country of citizenship — recognition.
7. Evidence: passports; a document on the dissolution of a previous marriage or the death of a former spouse, with apostille and translation; confirmation of lawful stay; passports of the witnesses.
8. Pitfalls: an expired period of stay — the marriage will not be registered; divorce abroad without an apostilled document; signing through a power of attorney is not allowed; relying on the mention of minors in the Procedure for Registration of Civil Acts — the law permits marriage only from age 18.

Be sure to check

• foreigners need a lawful stay in Georgia; without it the marriage is not registered
• documents — identity documents and a document terminating any previous marriage; foreign documents with apostille or legalisation and a certified translation; the law does not require a certificate of no impediment (a declaration in the application is sufficient)
• the personal presence of both parties and two witnesses; registration through a representative is prohibited
• the conditions of marriage are governed by each party's citizenship law; recognition in the country of citizenship is governed by its law — apostille the certificate