Can non-Hong Kong residents (such as foreigners and Mainland residents) get married in Hong Kong?
The Marriage Ordinance (Marriage Ordinance) is the main law governing marriage. According to it, anyone who is willing to get married in Hong Kong and meets the conditions for marriage can get married in Hong Kong. Hong Kong law does not impose any restrictions on the nationality or residence of persons who intend to marry in Hong Kong.
The Conditions for Valid Marriage in Hong Kong?
- The minimum legal age for marriage in Hong Kong is 16 years old. If you are under the age of 21, you need the consent of your parents to get married;
- there is no blood or in-law relationship that prohibits marriage (for example: A man who wants to marry her ex-wife’ mother, is it okay? Answer: Only after the death of his ex-wife and his ex-wife’s biological father)
- Both parties are single (including divorced or widow);
- both parties are a man and a woman (homosexuals are not allowed to get married);
The Procedure and Ceromony of Marriage
- Notice of Intention to get Married
The Marriage Ordinance stipulates that anyone who wants to get married must submit a notice of intention to marry to the Registrar of Marriage in the prescribed form. After receiving the notice, the marriage registrar shall display the notice of the intended marriage in the office of the marriage registrar. After 15 days from the date receiving the notice of intended marriage but not more than 3 months from the date, the marriage registrar shall issue a certificate of registration of marriage (Certificate of Marriage) at the request of either party of the intended marriage. If the parties do not get married within 3 months after submitting the notice of intended marriage, the submitted notice of intended marriage will automatically become invalid.
- Marriage Ceremony
There are three types of ceremony to choose from. One is in the office of the registrar of marriage, presided over by the registrar of marriage or its deputy. The other is in a licensed religious place, that is, in a church, presided by a qualified pastor. The third is that presided by a licensed civil celebrity of marriage at the venue of their choice. Whatever form it may take, the wedding ceremony must be held in public, and there must be at least two witnesses in addition to the marriage host.
The marriage host, the bride and groom, and two witnesses must sign on two copies of the marriage certificate, one copy issued to the marriage partners and the other kept by the marriage registry office.
- Two Types of Special Marriages
Marriage Ordinance provides for two special marriages. One is that the Chief Executive of the Hong Kong Special Administrative Region has the right to approve a marriage without following the requirements of the notice of intention to marry and the marriage ceremony. The other is to get married before death (Marriage of a dying person). If two people live together and desire to get married but have not been married, before a person is dying, the Registrar of Marriage or any qualified marriage host can act at any time and place to celebrate the marriage. They can hold a wedding ceremony without having to obtain a marriage certificate. (This law seems to be quite human!)
Defective and Invalid Marriage
A marriage not fully complying with the above forms of marriage is not necessarily invalid. Unless both parties to the marriage “knowingly or wilfully acquiesce” one of the following circumstances, after the wedding is held, the marriage is not invalid due to its defect in form:
- The wedding is not held in the marriage registry, licensed church or presided by a licensed marriage celebrity.
- Any party is married with false name;
- The parties did not submit a notice of intention to marry;
- The host of the marriage is not a qualified pastor, marriage registrar or civil celebrity
The marriage certificate is prima facie evidence that the marriage has been legally concluded and registered, but it cannot be used to prove that the party or parties did not enter into other legal marriage before the time of the marriage. Therefore, even if a marriage certificate is obtained, if there is other evidence which can prove that the marriage does not meet the conditions for valid marriage, the marriage may be deemed invalid.
Recognition of Foreign Marriage and the Mainland Marriage
Many people get married abroad or in the Mainland China, but their marriage relationship needs to be recognized in Hong Kong (for example, in Hong Kong divorce, or immigration, inheritance and other procedures, the husband and wife relationship needs to be proved). According to the Marriage Ordinance, if both parties to a marriage have no dispute with the marriage, for the purpose of recognition of the marriage in Hong Kong, a marriage certificate issued or a true copy certified by the marriage registration authority of a foreign country or the Mainland China is sufficient.
If you have any questions regarding marriage and family legal matters in Hong Kong, please do not hesitate to contact us (by sending an email to [email protected]) for a consultation.