Many couples in Austria get married at the registry office, others in castles, palaces or farms. As long as an Austrian registrar is present, the exact location of the wedding ceremony is not important. You can safely go on your honeymoon with a legally valid marriage certificate issued by the registry office. But what if not only the honeymoon is to take place abroad, but the whole wedding? Does a spontaneous wedding in Las Vegas, a dream wedding on a Thai sandy beach or a wedding under palm trees in the Caribbean also count in Austria?
The answer can be found in the Austrian Private International Law Act (IPRG). Section 16, paragraph 2 of the Act stipulates that the validity of a marriage concluded abroad is recognized by Austrian courts and authorities if the formal requirements of the place of marriage are complied with. In other words, a marriage concluded abroad that is legally valid according to the formal requirements there is also valid in Austria.
In principle, even with an exotic wedding abroad, there is no need to fear that the marriage in Austria will later be considered null and void. However, you should always find out in good time whether the type of wedding ceremony you intend to take complies with the laws of the state in which you want to get married. For example, some states require a valid "marriage license"[1] or certain religious rituals[2].
In addition, the tolerance of the Austrian state in the recognition of marriages has its limits. Some Islamic legal systems, for example, provide for the possibility of a real proxy at the wedding ceremony; such a type of marriage contradicts fundamental principles of the Austrian legal system and is therefore not recognized as valid even if it fully complies with foreign regulations[3].
From an Austrian perspective, the frequently occurring weddings in Las Vegas are harmless - provided the marriage is not performed while the person is so drunk that they are no longer able to conduct business.
[1] Such a certificate is required, for example, for a valid marriage in the Philippines, LGZ Wien, 42 R 598/03g, EF 105.307.
[2] For example, in Israel only a religious marriage is possible; see OGH of 25 March 2014, 10 ObS 16/14x.
[3] Section 6 IPRG provides that foreign law shall generally never be applied if it is incompatible with the fundamental values of the Austrian legal system.
This article was provided by
JOHANNES HEBENSTREIT, LL.M.*
*University of Cambridge
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