Marriage

Civil marriage is a legal status which exists in all EU countries. However, the rules that apply to partnerships such as civil unions and registered partnerships, or to de facto unions are different from the rules that apply to marriage.

National rules on marriage differ from one EU country to another, mainly with regard to:

• rights and obligations of married couples: for instance, concerning their property, or their married name
• the relationship between religious and civil marriage: some EU countries treat religious marriage as being equivalent to civil marriage, others do not. If you move to another EU country after having entered into a religious marriage only, check the consequences for your marital status in the EU country that you've moved to
• the possibility for same-sex couples to get married. The following EU countries grant this right: Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain and Sweden. Same-sex marriage is also possible in Iceland, Norway and Switzerland.

Learn more about national rules on marriage and matrimonial property regimes.

Cross-border marriages in the EU

These refer to marriages involving different EU countries - for instance, because you marry someone of a different nationality, or because you marry in an EU country which is not your EU home country.

What to do before the wedding

Check which country's laws apply to your marriage and to your matrimonial property regime. This will have important consequences for your rights and obligations as spouses.

If you are getting married in a different EU country from the one where you live, check with the authorities in both EU countries which formalities are needed for your marriage to have full force and effect in both countries. These may include registration or publication requirements.

What to do after the wedding

In principle, your marriage concluded in an EU country will be recognised in all other EU countries - although this does not fully apply to same-sex marriages.

Getting your marriage recognised in another EU country - rights granted by EU law and by national law

If you got married in an EU country and need to have your marriage recognised in your EU home country or in another EU country, you should be aware that there is a difference between:

1. rights granted by EU law, such as your right to free movement, which includes your right to move and live with your spouse in another EU country, and
2. rights granted by the national law of the EU country where you are seeking recognition, such as inheritance and maintenance rights for you and your spouse, or the right to family allowances.

If you get married in an EU country, all other EU countries are required by EU law to recognise your marriage for the rights granted by EU law, in particular your right to free movement, which includes your right to move and live with your spouse in another EU country. The obligation of EU countries to recognise your marriage for rights granted by EU law applies whether your marriage is a heterosexual marriage or a same-sex marriage.

If you exercise your right to free movement and move to live and work in another EU country, your spouse can move and live with you there. Check the residence rules for:

• your EU spouse and children
• your non-EU spouse and children

However, if you get married in an EU country and want to have your marriage recognised in your EU home country or in another EU country so you can benefit from rights granted by national law, it is the national law of the EU country where you are seeking recognition which will apply to the recognition of your marriage. This means that EU countries are currently free to decide if they will recognise your marriage for rights granted by the national law of the EU country where you are seeking recognition. These rights include, the right to inherit from your spouse or the right to obtain maintenance from your spouse (for example, if you divorce), or your right to benefit from family allowances.

Generally, all EU countries recognise a heterosexual marriage concluded in another EU country for rights granted by national law, but this is not always the case for a same-sex marriage. Currently, only EU countries that allow same-sex marriage in their territory will in principle recognise a same-sex marriage concluded in another EU country for rights granted by national law. These EU countries are: Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain and Sweden. Recognition of same-sex marriages is also possible in Iceland, Norway and Switzerland

Marriage recognition and registration

Normally, the authorities in the EU country where you get married will register your marriage in the civil or population register there.

If you get married in an EU country that's not your EU country of origin, you may want to have your marriage recognised and registered in your EU home country as well. The recognition of your marriage in your EU home country will normally involve the registration of your marriage in the civil or population register of your EU home country.

Registration will be done by the authorities of your EU home country in accordance with the national rules of your EU home country. You can also check with your home country's consular office if you can register your marriage at the consular office or if you should do so in your EU home country.

If you don't get married in your EU country of origin, it's not usually compulsory to have your marriage recognised and registered in your home country as well. However, in some cases, the recognition and registration of your marriage in your EU home country will also be required if you want to benefit from rights granted by national law (for example, for the purposes of inheritance or family allowances) either in your EU home country or in another EU country.