Marriage and Divorce
for Foreigners in Georgia
Legal Aspects and Practical Advice
22 January 2025
Anna Davidson, Founder and Managing Partner of JUST Advisors
Georgia holds a special place among countries offering simple and effective mechanisms for marriage and divorce for foreigners. Its legal flexibility, minimal bureaucratic barriers, and international recognition of Georgian documents make it attractive for citizens of CIS countries, the European Union, the Middle East, and others who decide to marry. In this article, we will delve into the legal nuances of the marriage registration and dissolution processes in Georgia and address key practical issues.
For citizens of the CIS, EU, USA, getting married in Georgia is one of the most convenient options due to the following reasons:
- No visa requirements for entry;
- Minimal processing times;
- International recognition of documentation.
1.Getting Married in Georgia: Legal Foundations
Marriage registration in Georgia is governed by Georgia's Law on Civil Acts of December 20, 2011, and the norms of the country's Civil Code. According to Georgian legislation, a marital union between foreign nationals can be registered in Georgia without the need for residency or citizenship
1.1. Basic Marriage Requirements:
1.Reaching the marriage age (18 years). In exceptional cases, with court permission, marriage from 16 years is allowed.
2.Voluntary consent of the parties, free from coercion.
3.Absence of another registered marriage at the time of application.
4.No close kinship between the spouses.
1.2. Required Documents:
To submit an application to the territorial branch of the House of Justice of Georgia, the following set of documents is required:
1.Foreign passports of the parties – notarized copies with a notarially certified translation into Georgian.
2.Documents confirming the termination of previous marriages (divorce certificate or death certificate of the spouse, if necessary).
3.Parental or guardian consent if one of the marrying parties is a minor.
4.Foreign passports of two witnesses – notarized copies with a notarially certified translation (for foreign witnesses) or piradoba/binadroba for a Georgian resident. The citizenship, knowledge of the Georgian language, or nationality of the witness does not matter.
The set of documents may seem simple at first glance but can be complex. For example, documents concerning a previous marriage's dissolution or a spouse's death must be applicable in Georgia – possibly requiring an apostille or consular legalization, feasible only in the document's country of issue.
1.3. Marriage Registration Procedure:
1. Application submission at the House of Justice (online registration possible at justice.gov.ge).
2.Awaiting confirmation (usually within 1 business day).
3.Signing the registration record and issuing a marriage certificate in Georgian.
The standard procedure for marriage registration in Georgia is free. The cost of a ceremonial procedure depends on the chosen day of marriage registration – for instance, on a weekday, the cost of the ceremony is 135 GEL as of the writing of this article.
Marriage registration in Georgia is governed by Georgia's Law on Civil Acts of December 20, 2011, and the norms of the country's Civil Code. According to Georgian legislation, a marital union between foreign nationals can be registered in Georgia without the need for residency or citizenship
1.1. Basic Marriage Requirements:
1.Reaching the marriage age (18 years). In exceptional cases, with court permission, marriage from 16 years is allowed.
2.Voluntary consent of the parties, free from coercion.
3.Absence of another registered marriage at the time of application.
4.No close kinship between the spouses.
1.2. Required Documents:
To submit an application to the territorial branch of the House of Justice of Georgia, the following set of documents is required:
1.Foreign passports of the parties – notarized copies with a notarially certified translation into Georgian.
2.Documents confirming the termination of previous marriages (divorce certificate or death certificate of the spouse, if necessary).
3.Parental or guardian consent if one of the marrying parties is a minor.
4.Foreign passports of two witnesses – notarized copies with a notarially certified translation (for foreign witnesses) or piradoba/binadroba for a Georgian resident. The citizenship, knowledge of the Georgian language, or nationality of the witness does not matter.
The set of documents may seem simple at first glance but can be complex. For example, documents concerning a previous marriage's dissolution or a spouse's death must be applicable in Georgia – possibly requiring an apostille or consular legalization, feasible only in the document's country of issue.
1.3. Marriage Registration Procedure:
1. Application submission at the House of Justice (online registration possible at justice.gov.ge).
2.Awaiting confirmation (usually within 1 business day).
3.Signing the registration record and issuing a marriage certificate in Georgian.
The standard procedure for marriage registration in Georgia is free. The cost of a ceremonial procedure depends on the chosen day of marriage registration – for instance, on a weekday, the cost of the ceremony is 135 GEL as of the writing of this article.
2.Marital Contract in Georgia
Following marriage, all property acquired by the spouses becomes their joint property, with exceptions for property received as inheritance or expensive gifts. In the event of a divorce, each party can demand an equal division of property. An alternative to the statutory regime of joint property ownership is a marital contract, which can be concluded between spouses or future spouses. A marital contract is an agreement where the parties establish an individual approach for the use of property during the marriage and in the event of divorce. The marital contract can specify special provisions regarding all property acquired during the marriage, specified property (regardless of its location), a group of properties (e.g., shares in a business), or property acquired in a specific country (e.g., everything in Georgia to a particular spouse).
It's important to remember if a marital contract concluded in Georgia is applied abroad, it will operate to the extent that it does not contradict the legislation of the country where it is applied. It's crucial to check how Georgian legislation aligns with the spouse's country of residence's laws and try to account for all peculiarities when drafting the marital agreement.
Following marriage, all property acquired by the spouses becomes their joint property, with exceptions for property received as inheritance or expensive gifts. In the event of a divorce, each party can demand an equal division of property. An alternative to the statutory regime of joint property ownership is a marital contract, which can be concluded between spouses or future spouses. A marital contract is an agreement where the parties establish an individual approach for the use of property during the marriage and in the event of divorce. The marital contract can specify special provisions regarding all property acquired during the marriage, specified property (regardless of its location), a group of properties (e.g., shares in a business), or property acquired in a specific country (e.g., everything in Georgia to a particular spouse).
- Foreigners can conclude a marital contract in Georgia either before or after marriage – the marriage can be conducted in any country but must be legalized for Georgia.
- The marital contract is governed by Georgian legislation and must be concluded in notarial form. Signing a marital contract, like entering into marriage, must be done in person.
- If one of the signatories does not speak Georgian, the contract is drawn up in two (or in our practice, even three) languages – requiring a translator's participation.
It's important to remember if a marital contract concluded in Georgia is applied abroad, it will operate to the extent that it does not contradict the legislation of the country where it is applied. It's crucial to check how Georgian legislation aligns with the spouse's country of residence's laws and try to account for all peculiarities when drafting the marital agreement.
3.Legalization of Marriage Concluded Abroad in Georgia
A marriage conducted abroad can be legalized (recognized) in Georgia if one of the spouses has Georgian citizenship or permanent residency. To recognize a marriage conducted abroad at the House of Justice, a notarized copy and notarially certified translation into Georgian of the marriage certificate must be submitted. If necessary, the marriage certificate should have an apostille or consular legalization, and the marriage must be recognizable in Georgia (reminder, marriages conducted through religious ceremonies in Georgia are not recognized).
The legalization procedure is paid – the state fee is 50 GEL.
Proof of marriage legalization in Georgia is a marriage certificate issued in Georgian, fully identical in content to the marriage certificate issued in Georgia.
The legalization procedure can be performed based on notarial power of attorney.
A marriage conducted abroad can be legalized (recognized) in Georgia if one of the spouses has Georgian citizenship or permanent residency. To recognize a marriage conducted abroad at the House of Justice, a notarized copy and notarially certified translation into Georgian of the marriage certificate must be submitted. If necessary, the marriage certificate should have an apostille or consular legalization, and the marriage must be recognizable in Georgia (reminder, marriages conducted through religious ceremonies in Georgia are not recognized).
The legalization procedure is paid – the state fee is 50 GEL.
Proof of marriage legalization in Georgia is a marriage certificate issued in Georgian, fully identical in content to the marriage certificate issued in Georgia.
The legalization procedure can be performed based on notarial power of attorney.
4.Dissolution of Marriage in Georgia
The procedure for dissolving a marriage is also regulated by the Civil Code of Georgia and the Law on Civil Acts and can be conducted in an administrative or judicial manner.
4.1. Administrative Procedure
In the administrative procedure, marriage can be dissolved upon the consent of both spouses if:
1) The marriage was concluded in Georgia - citizenship, residency, or fact of living in Georgia of the spouses does not matter in this case.
2) The marriage was concluded abroad, legalized in Georgia, and at the time of dissolution, at least one of the spouses has citizenship or permanent/temporary residency in Georgia.
Under Georgian legislation, the presence of minor children does NOT prevent the dissolution of marriage in a non-judicial procedure.
Documents for divorce in the administrative procedure:
The procedure takes 5 business days and ends with the issuance of a divorce certificate.
Unlike marriage, divorce in the House of Justice can be processed not only in person but also by notarial power of attorney.
4.2. Judicial Procedure (in the absence of consent from one of the spouses)
If one of the spouses does not agree to the dissolution of the marriage, such marriage can be dissolved in a Georgian court.
Filing a lawsuit for dissolution is possible only under the following conditions:
The procedure for dissolving a marriage is also regulated by the Civil Code of Georgia and the Law on Civil Acts and can be conducted in an administrative or judicial manner.
4.1. Administrative Procedure
In the administrative procedure, marriage can be dissolved upon the consent of both spouses if:
1) The marriage was concluded in Georgia - citizenship, residency, or fact of living in Georgia of the spouses does not matter in this case.
2) The marriage was concluded abroad, legalized in Georgia, and at the time of dissolution, at least one of the spouses has citizenship or permanent/temporary residency in Georgia.
Under Georgian legislation, the presence of minor children does NOT prevent the dissolution of marriage in a non-judicial procedure.
Documents for divorce in the administrative procedure:
- Copy of the marriage certificate
- Notarially certified copies and translations into Georgian of the spouses' foreign passports
- State fee for dissolving a marriage (unlike marriage registration, divorce is a paid service) - 60 GEL.
The procedure takes 5 business days and ends with the issuance of a divorce certificate.
Unlike marriage, divorce in the House of Justice can be processed not only in person but also by notarial power of attorney.
4.2. Judicial Procedure (in the absence of consent from one of the spouses)
If one of the spouses does not agree to the dissolution of the marriage, such marriage can be dissolved in a Georgian court.
Filing a lawsuit for dissolution is possible only under the following conditions:
- If the marriage was concluded or legalized in Georgia OR
- If the marriage was concluded abroad, but at least one of the spouses is a citizen of Georgia or has residency
5.Recognition Abroad of Marriage, Divorce, and Marital Contract Concluded in Georgia
Marriages, divorces, and marital contracts concluded in Georgia are recognized abroad. If a marriage certificate, divorce certificate, marital contract, or court decision on the dissolution of marriage needs to be presented abroad, it is necessary to place an apostille on them or undergo consular legalization.
An apostille can be arranged within 8 days (or reduced to 1 day), and the cost ranges from 60 to 220 GEL, respectively. Costs for consular legalization depend on the country and average up to $100.
Marriages, divorces, and marital contracts concluded in Georgia are recognized abroad. If a marriage certificate, divorce certificate, marital contract, or court decision on the dissolution of marriage needs to be presented abroad, it is necessary to place an apostille on them or undergo consular legalization.
An apostille can be arranged within 8 days (or reduced to 1 day), and the cost ranges from 60 to 220 GEL, respectively. Costs for consular legalization depend on the country and average up to $100.
6.Conclusion
Georgia is a convenient and accessible jurisdiction for foreigners to marry and divorce. The simplicity of administrative procedures, lack of strict bureaucratic requirements, and the ability to process documents quickly make it an attractive alternative for citizens of many countries.
If you are considering Georgia as a country for formalizing family relationships, it is important to prepare all necessary documents in advance, understand the process's nuances, and choose good weather for your visit!
Georgia is a convenient and accessible jurisdiction for foreigners to marry and divorce. The simplicity of administrative procedures, lack of strict bureaucratic requirements, and the ability to process documents quickly make it an attractive alternative for citizens of many countries.
If you are considering Georgia as a country for formalizing family relationships, it is important to prepare all necessary documents in advance, understand the process's nuances, and choose good weather for your visit!
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MARIA GUSEINOVA
Leading Manager of Commercial Department
Leading Manager of Commercial Department