Libro Primero · Título II · Capítulo I Párrafo I. Disposiciones generales

Marriage is a social institution by which a man and a woman unite legally, with intent of permanence and for the purpose of living together, procreating, feeding and educating their children and assisting each other.

Marriage is founded on the equality of rights and obligations of both spouses, and in its celebration all the requirements must be met and the formalities required by this Code for its validity must be fulfilled.

Betrothal does not create an obligation to contract marriage, but gives rise to sue for restitution of things donated and delivered upon promise of a marriage that did not take place.

Eighteen (18) years of age is established as the minimum age to contract marriage.

Age exception.

Exceptionally and for well-founded reasons, the marriage of minors with attained age of sixteen (16) years may be authorized, in accordance with the regulations of this Code.

Prohibition on entering into marriage.

Minors under eighteen (18) years of age may not enter into marriage, nor may the marriage of minors under eighteen (18) years of age be authorized in any manner.

Judicial authorization.

The request to authorize a marriage of minors having reached sixteen years of age shall be filed before a competent judge, who, without forming a separate interlocutory proceeding and hearing the minor or minors in a single hearing, shall decide on the request.

Marriage may be celebrated by proxy. The mandate must be special, state the identification of the person with whom the marriage is to be contracted and contain a sworn statement regarding the matters mentioned in Article 93. The revocation of the power shall have no effect if it is legally notified to the agent when the marriage has already been celebrated.

Marriage celebrated outside the national territory, in the form and with the requirements established by the laws at the place of its celebration, shall produce all its effects in the Republic, unless an absolute impediment to contracting it exists for any of the causes determined by this Code.

A Guatemalan woman married to a foreigner retains her nationality, unless she wishes to adopt that of her spouse, in which case she must expressly record it in the marriage proceedings.