Getting Married Abroad When Previous Marriage Not Annulled

Your previous marriage was annulled but the annulment isn't recognized in the destination country. Or you're waiting for annulment. Or you're wondering if there's a workaround. Remarriage is possible, but you must solve the legal status of your previous marriage first. This guide explains your options and pathways forward.

Understanding Annulment vs. Divorce

Annulment

Declares marriage void as if it never existed. Different from divorce. Availability depends on country and religion. Catholic Church has specific annulment process (separate from civil law). Civil annulment available in some countries but difficult to obtain.

Divorce

Legally dissolves marriage. Different from annulment (marriage was valid but now ended). Widely recognized internationally. More straightforward than annulment. Annulment is only option if marriage was void from start.

Key Issue: Some countries recognize Catholic annulments but not civil annulments. Some recognize neither. Divorce is almost universally recognized.

Your Solutions

Solution 1: Obtain Divorce (Universal Recognition)

Best Option: Get divorce instead of relying on annulment. Divorce is recognized worldwide. All destinations will accept divorce + decree + apostille.

How: Contact family court in country where marriage was registered. File for divorce. Timeline: 3–12 months depending on country. Can be accelerated with mutual agreement. Cost: $500–$3,000.

Solution 2: Get Annulment Recognized

If you have annulment already: Get apostille on annulment decree. This certifies document authenticity internationally. Send apostille to destination registry. Many will accept it.

Catholic Annulment: If from Catholic Church, obtain civil recognition decree (separate process). Some countries recognize this; others don't.

Solution 3: Marry in Destination That Accepts Your Annulment

Some destinations (Georgia especially) are more flexible with annulment recognition. If your annulment meets basic standards, Georgia may accept it.

Step: Contact Georgia's ZAGS office. Show annulment decree with apostille. Ask: "Will this be accepted for marriage?" If yes, proceed. If no, use divorce solution.

Destinations' Annulment Recognition Policies

Step-by-Step Path Forward

If You Have Annulment (But It Might Not Be Recognized)

Step 1: Obtain apostille on annulment decree from country where annulment was granted. Cost: $5–$30. Timeline: 1–2 weeks.

Step 2: Contact destination registry. Email: "I have civil annulment/Catholic annulment [specify] from [country]. With apostille, will this be accepted for marriage?" Get written response.

Step 3: If yes, proceed to marriage. If no, you have two options below.

If Annulment Not Recognized: Get Divorce

Step 1: Contact family court in country where marriage was registered. File for divorce. This process varies significantly by country. Some allow uncontested divorces (fast, cheap). Others require court appearance (slow, expensive).

Step 2: Obtain final divorce decree. Get apostille.

Step 3: Marry abroad with divorce decree + apostille. All destinations accept this.

If No Annulment Yet: Decide Your Timeline

Option A (Fast): Get civil divorce. Usually faster than annulment (3–12 months vs. 1–3 years for annulment). Marry once divorce is final.

Option B (Wait): Pursue annulment. If eligible (varies by country), continue annulment process. Marry once annulment is granted and apostilled.

Documents Needed

• Final annulment decree + apostille (if pursuing annulment path)
• Final divorce decree + apostille (if pursuing divorce path)
• Certified copy of marriage certificate (to prove marriage existed)
• Valid passport (yours and partner's)
• Birth certificate (yours and partner's)
• English translation (if documents in foreign language)
• ZAGS approval letter (if in Georgia)

Costs & Timeline Comparison

FAQ: Unanulled Previous Marriage

Q: Can I marry abroad if I have not finalized annulment?

No. Previous marriage must be legally dissolved (annulled or divorced) before new marriage. Bigamy is illegal everywhere.

Q: Is divorce faster than annulment?

Usually yes. Civil divorces average 3–12 months. Annulments often take 1–3 years (especially Catholic annulments). Divorce is typically faster.

Q: Will my annulment be recognized in my destination country?

Probably not, unless it's a civil annulment in a country that recognizes annulment. Divorce is safer, universally recognized. Ask destination registry directly about annulment.

Q: Can I get an expedited divorce?

Sometimes. Uncontested divorce (both parties agree) can be expedited in some jurisdictions (3–6 months). Contested divorce is slower (6–24 months). It depends on your country's laws.

Q: What if I get divorced online?

Some countries allow online divorce for uncontested cases. Final decree is valid. Get apostille. Fully acceptable for remarriage abroad.

Our Recommendation

If you have an annulment: Get apostille and check with destination. If accepted, proceed. If not: Get civil divorce instead (faster and universally recognized). If you have no annulment/divorce yet: Pursue civil divorce (usually faster than annulment, universally recognized). Once finalized, you can marry abroad anywhere.