Asked in Divorce and Family Law for California

Q: My boyfriend was married before and the marriage wasn't recognized. Can he marry again without first divorcing?

The marriage was conducted in Seychelles and has not been officially recognized in any other country. My boyfriend holds Brazilian citizenship and his ex is Australian. Is there any obstacles to him marrying again without first recognizing the marriage and divorcing outside of Seychelles? Neither of them live in Seychelles. Thanks in advance.

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2 Lawyer Answers
Ashley Negrette
PREMIUM
Ashley Negrette
Answered
  • San Diego, CA
  • Licensed in California

A: Hello! I'm curious as to why the marriage was not officially recognized in any other country. If the marriage was not valid pursuant to the laws in Seychelles (ie. it was not done properly), then it may not be a valid marriage and he will be free to remarry. The risk here, is if the marriage is valid (or one party makes that claim), then any subsequent marriages could be invalidated. I encourage you to contact an attorney for help.

Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: What do you mean it wasn't "recognized"? Was he legally married in Seychelles? If he was, then the marriage is legal everywhere else. If he wants to marry someone else, he needs to get divorced from his first spouse. He can file for divorce wherever he currently resides assuming he meets the residency requirements.

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