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Bermuda is a popular destination for weddings, with its picturesque beaches, churches, and parks. Getting married in Bermuda is a simple process, requiring couples to file a 'Notice of Intended Marriage' form and pay a fee. The marriage license is then valid for three months. California, on the other hand, has specific requirements for weddings in state parks and has a complex history of recognizing same-sex marriages. So, are Bermuda weddings recognized in California?
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What You'll Learn
The legal recognition of Bermuda weddings in California
Bermuda is a popular destination for weddings, with its picturesque beaches, churches, and parks offering stunning ocean views. Getting married in Bermuda is a simple process, requiring the completion of a "Notice of Intended Marriage" form, which must be printed on white, legal-size paper (8.5" x 14") and submitted to the Bermuda Government's Registrar General's office at least 15 days before the wedding. The form must be accompanied by a payment of $341 to $418 USD, which includes the wedding certificate. This payment must be made payable to the Accountant General, Hamilton, Bermuda. In addition, copies of final divorce decrees or death certificates, if applicable, must be included.
Once the necessary paperwork has been submitted and processed, the wedding can take place either at the Registrar General's office or in one of Bermuda's beautiful locations, such as its beaches, parks, or churches. The marriage must be performed by a registered Marriage Officer (clergy), the Registrar General, or an Assistant Registrar General. Additionally, two witnesses over the age of 18 are required for the ceremony to be legally valid.
Now, turning to the recognition of Bermuda weddings in California, it is important to understand the legal landscape in the state. Same-sex marriage has been legal in California since June 28, 2013, following the resumption of same-sex marriage after the passage of Proposition 8, which had previously barred such unions. The state of California recognizes all legal marriages performed in other jurisdictions, including Bermuda, as long as they comply with the legal requirements of that jurisdiction. This means that a marriage legally performed in Bermuda, with all the necessary paperwork and requirements fulfilled, will be recognized as valid in California.
Furthermore, according to the Marriage Recognition and Family Protection Act, some same-sex marriages performed outside of California may also be recognized by the state as "marriages," depending on the date of the union. This includes same-sex marriages that occurred before Proposition 8 took effect and those that took place in California before the passage of Proposition 8. Therefore, a same-sex marriage legally performed in Bermuda before this timeframe would also be recognized in California under this Act.
In conclusion, Bermuda weddings are legally recognized in California as long as they adhere to the legal requirements of Bermuda. This recognition extends to both different-sex and same-sex marriages, with specific provisions in place for same-sex unions that occurred before certain dates.
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Requirements for a valid Bermuda wedding
Getting married in Bermuda is a straightforward process. The first step is to file the necessary paperwork to ensure that the marriage is legally recognised. This involves downloading and completing a 'Notice of Intended Marriage' form, which can be obtained from the Bermuda Government's Registrar General's office. The form must be printed on white, legal-size paper (8.5" x 14") and mailed back to the Registrar General, along with a cashier's cheque or bank draft for $418 USD, which includes the cost of the certificate. This process can also be completed online or over the phone. The form must be submitted at least 15 days before the wedding and is valid for three months from the date of issue.
If either party has been divorced or widowed, additional documentation is required. In the case of divorce, a copy of the final divorce decree must be provided, and if the divorce took place outside of Bermuda, a certificate of non-marriage may also be required. For widowed individuals, a copy of the deceased spouse's death certificate must be submitted. All supporting documentation must be in English or officially translated.
The wedding ceremony can take place in the presence of the Registrar or at one of the picturesque Bermuda locations, including various beaches and parks. If the ceremony is held outside the Registrar's office, a registered Marriage Officer (clergy) must be hired to officiate the wedding. The Registrar General's office will only provide a table, chairs, and relevant documents for signature and will not be responsible for any other logistics or setup.
Two witnesses are required for every ceremony. On weekdays, Registry General staff can act as witnesses, but prior notification is required. For Saturday weddings, the couple must arrange for their own witnesses.
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Bermuda wedding locations
Bermuda is a popular destination for weddings, with its breathtaking natural backdrop and unique settings. The island offers a range of venues to suit different tastes and budgets.
Hotels
Hotels are a popular choice for wedding venues in Bermuda, with many offering exclusive amenities and breathtaking views. The Hamilton Princess, for example, is a luxurious hotel in the City of Hamilton that has recently undergone an extensive makeover. It offers immaculate courtyards, views of Hamilton Harbour, and a range of dining and shopping options. The Loren is another popular choice, known for its exclusive beach club and incredible views of Bermuda's largest private beach.
Villas and Residential Properties
For a more intimate and unique setting, some couples opt for villas or residential properties. Sandymount, for example, is a luxury villa that features traditional Bermudian elements and charm. It is a newer venue that has moved into the vacation rental market, offering a truly memorable experience.
Outdoor Locations
Bermuda also offers a variety of outdoor locations for weddings, including its famous pink sand beaches and picturesque parks. Civil ceremonies can be held in the Registry General's Marriage Room or in one of the many beautiful Bermuda locations, such as Admiralty House Park, Astwood Park, Botanical Gardens, and Elbow Beach, to name a few.
Churches and Museums
For those seeking a more traditional setting, there are churches and chapels located across the island, such as Holy Trinity Church and Christ Church. The Unfinished Church, a partially built church overlooking the old Town of St. George's, is also a popular choice for destination weddings. Additionally, the National Museum of Bermuda is another unique venue option, offering an exclusive caterer and a memorable setting for your special day.
Maritime Marriages
Lastly, Bermuda also offers the unique option of maritime marriages, where couples can tie the knot on the high seas onboard ships registered in Bermuda. These civil ceremonies are performed by the Captain of the ship and can be arranged through specialized companies.
While Bermuda is a popular choice for destination weddings, it is important to note that there are certain requirements and fees associated with getting married on the island. These include filing the necessary paperwork, arranging logistics, and providing any required documentation.
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California's recognition of same-sex marriages
California has had a tumultuous history with regard to its recognition of same-sex marriages. The state's first same-sex marriages took place in 2004, when Gavin Newsom, the mayor of San Francisco, directed the city clerk to begin issuing marriage licenses to same-sex couples. This decision was based on Newsom's belief that denying gay and lesbian couples the right to marry was a form of discrimination. Over 4,000 gay couples were married at San Francisco City Hall over the next month, in what supporters called the "Winter of Love".
However, these marriages were short-lived, as the California Supreme Court voided them later that year, ruling that Newsom had overstepped his authority under state law by issuing the licenses. This ruling sparked a series of lawsuits against the state government, challenging the ban on same-sex marriage. On May 15, 2008, the Supreme Court of California overturned the state's ban on same-sex marriage, finding that barring same-sex couples from marriage violated the Constitution of California. As a result, the state began issuing marriage licenses to same-sex couples from June 16, 2008, to November 5, 2008.
During this period, about 17,000 same-sex couples were married in California. However, this progress was halted by the passage of Proposition 8, a state constitutional amendment that outlawed same-sex marriage. Proposition 8 was approved by California voters on November 4, 2008, and it took effect the following day, preventing any further same-sex marriages from being performed in the state. Despite the passage of Proposition 8, the California Supreme Court affirmed on May 26, 2009, that all same-sex marriages performed in California before the proposition would remain valid and recognised as "marriages".
Same-sex marriage was once again legalised in California in 2013, following a U.S. Supreme Court decision that restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional. This decision effectively superseded the previous law with respect to out-of-state same-sex marriages. Since 2013, same-sex couples have had the freedom to marry in California, and the state's laws now prohibit employment discrimination based on sexual orientation, gender identity, gender expression, and marital status. Additionally, religious institutions and clergy members are not required to perform marriages for same-sex couples, but civil servants are prohibited from discriminating against same-sex couples by refusing to issue marriage licenses based on personal beliefs or religious objections.
In summary, California has had a complex journey towards recognising same-sex marriages, but since 2013, same-sex couples have had the legal right to marry throughout the state, and their marriages are recognised as valid.
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US recognition of foreign marriages
Getting married in Bermuda can be a dream come true for many couples, with the promise of stunning locations and unique experiences. However, for those planning to live or work in the United States, it is crucial to ensure that their marriage will be legally recognised in the US.
In general, a marriage that is legally valid in a foreign country will also be considered valid in the United States, as long as the marriage complies with the laws of the country where the ceremony occurred. The first step in determining whether a marriage will be recognised in the US is to ensure that it was legally valid in the country where the wedding took place. Local laws must be followed when marrying abroad, and these may include requirements such as blood tests, age requirements, parental consent, and proof of the end of any previous relationships.
Once a couple has a legal marriage certificate, it must be properly translated into English and authenticated (sometimes called "legalisation" or obtaining an "apostille") to be recognised by US authorities. An apostille is a form of certification that authenticates the legality of a document for use in another country. After obtaining a legal marriage certificate and the necessary apostille, the marriage will likely be recognised in the US. However, certain processes, such as filing taxes, changing names, or updating Social Security records, may require the submission of proof of marriage.
USCIS recognises common-law marriages for purposes of naturalisation if the marriage was valid and recognised by the state in which it was established. This applies even if the naturalisation application is filed in a jurisdiction that does not recognise common-law marriage. In June 2013, the Supreme Court held that the Defense of Marriage Act (DOMA), which limited the terms "marriage" and "spouse" to opposite-sex marriages, was unconstitutional. As a result, USCIS determines the validity of a same-sex marriage by the place-of-celebration rule, reviewing the laws of the jurisdiction in which the marriage took place.
Some couples choose to get legally married in the United States before or after their destination wedding ceremony abroad to avoid the complexity of obtaining a foreign marriage certificate and complying with local laws.
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Frequently asked questions
Yes, a Bermuda marriage certificate is legal worldwide, including in California.
To get married in Bermuda, you need to file a "Notice of Intended Marriage" form with the Bermuda Government's Registrar General's office at least 15 days before the wedding. You also need to pay a fee of $341 or $418 (depending on the source) and provide copies of final divorce decrees or death certificates, if applicable.
In Bermuda, marriages can be conducted by a registered Marriage Officer (clergy), the Registrar General, or an Assistant Registrar General. Unlike in the USA, Justices of the Peace do not have the authority to perform weddings unless they are also local ministers or priests of a recognized church and are licensed in Bermuda to perform weddings.
