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.

Related Topics:
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 Brina Waxman
Tobie Brina 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.