Cape Verde Law Firm | Carla Monteiro & Associados - Wedding in Cape Verde

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Wednesday, 01 Dec 2021

Wedding in Cape Verde

According to our legal system, marriage is the voluntary union between two people of different sex, who intend to build the family through the full communion of life.

Marriage is formalized by express and personal declaration, or through an attorney, the consent of the spouses to the competent civil registry official or official of religious confession by the State, to request the establishment of the respective publication process.

When making the declaration for marriage, and choosing the civil or religious modality the bride and groom must choose the desired assets regime (regime of communion of acquired assets, regime of communion of acquired assets or regime of separation).

In the absence of choice of assets regime it is considered the marriage celebrated according to the regime of communion acquired (supplementary regime).

In Cape Verde legally there is only civil marriage, because although the legislator allows religious marriage, he must have an authorization from the conservatory.

Marriage is permitted both between nationals and between a national and a foreigner. In this latter case, it is necessary for the foreigner to present a certificate of Marital Capacity to confirm that he has the capacity to contract the marriage.

Cape Verde Law Firm | Carla Monteiro & Associados - Wedding in Cape Verde

Actually, in our legal system there are some matrimonial impediments, such as:

– Absolute impediments:

  • Age under sixteen;
  • Notorious dementia, even during Lucid breaks, and interdiction or disqualification due to psychic anomaly;
  • The previous undissolved marriage, although the respective seat has not been registered in the civil status register.

– Relative Impediments:

  • Kinship in a straight line (parents and children, grandparents and grandchildren), includes full adoption here as well.
  • Kinship in the second degree of the collateral line (brothers);
  • Affinity in the straight line (father-in-law and daughter-in-law, mother-in-law and son-in-law);
  • The previous conviction of one of the spouses, as an author or co-participant, for intentional homicide, even if not consummated, against the other’s spouse.

In case of marriage between a national and a foreigner, the latter may automatically acquire Cape Verdean nationality, as a result of marriage.

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