Are there any laws governing the validity of foreign marriages?
Yes, there are laws governing the validity of foreign marriages in California. Section 2.01 of the California Family Code states that a marriage that is valid where it is contracted is valid in California, as long as it is in accordance with the laws of the place where it was contracted. In other words, a foreign marriage that is valid in the country where it took place should be recognized as valid in California. However, the validity of a foreign marriage may also be contingent on certain other factors such as the capacity of the parties at the time of the marriage, the family relationship between the parties, the existence of any prior marriages, and the mental competence of the parties. California also has certain laws that govern polygamous marriages as well as marriages between persons of the same sex. Polygamous marriages are not valid in California and same-sex marriage is currently legal in California, so same-sex marriages that took place in other countries would be valid in California. To ensure that a foreign marriage is recognized as valid in California, the parties should consult a lawyer who is familiar with California marriage law. They should also make sure that any foreign marriage documents are properly translated, certified, and furnished with the required documents in order to be valid in California.
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