Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

February 14, 2011

Getting Married in Cancun

Happy Valentine's Day, beautiful people! On this day of flowers and chocolates, it's not unusual for the big question to be popped. Down on one knee; eyes shining, full of hope; the ring proffered in a trembling hand; and a smile around the words, "Will you marry me?" And if the answer is a resounding, "Yes!", then beyond the hugs, kisses and excited calls to everyone you know, another big thought looms. Where should we get married?

Cancun Wedding


Over the past decade, the Riviera Maya has grown in reputation as a dream wedding location. As the costs of traditional weddings soar, it's often a simple task of mathematics to realise that it would be cheaper to get married in paradise. Legally binding, but against a backdrop of white sands, a turquoise sea and palm trees. Does it get more sublime and romantic than that?

So many people choose to marry here that wedding packages, planners, stores and all of the other associated services have become big business. There will be no shortage of professional people ready to help you arrange your big day. In Cancun, especially, there are hundreds of locations licensed to hold weddings. You can download a PDF on the Cancun Travel Information site, which shows you a selection of them.

Cancun Wedding


But first the boring stuff - the legalities! First check that a marriage in Mexico will be recognized in your own country. For heterosexual couples, this isn't usually a problem. For homosexual couples, you may find that your own government will not consider your union to be valid. There have been reports that the Australian authorities will even withhold travel permits, for those citizens who are planning a same sex wedding abroad. Either way, a legal wedding in Mexico will result in a marriage certificate, verified by the Registrar's Office.

Cancun Wedding


If all is good, then you will need to bring certain documents:

Documents Required for Civil Office

  • Home address and occupations (bride & groom)
  • Birth certificates (Original or certified copy of each one)
  • Valid passports (Although passports are not required for US citizens for entry into Mexico, they are mandatory for weddings)
  • Original blood test (to determine blood type, HIV and STD). Tests must be taken at the resort and results are ready within 24 hours (Fee of approximately $50.00 per person applies)
  • Original or certified copy of former spouse's death certificate (if applicable)
  • Original divorce decree (if applicable)
  • Legal documentation of adoption or name change (if applicable)
  • Tourist ID (provided by customs upon your arrival at Cancun International Airport)
  • Name, age, nationality, home address, occupation, driver’s licence or passport and tourist ID of 4 witnesses. Witnesses must arrive two (2) days prior to ceremony. If witnesses are not available, we will provide them.
  • Bride and Groom must arrive to Cancun at least 3 working days prior to the wedding ceremony to meet with the wedding coordinator and submit all documents. Ceremony will not be performed unless all documents are in order. (no exceptions)
** Do Not Send Documents by Mail **
-Reservations should be made in advance to guarantee preferred wedding date. -Mexican registry office is only open from Monday through Saturday
-Dress code: Formal or Semi-formal, no shorts or bathing suits
Source: Cancun Mexico Weddings

Cancun Wedding


Once the legalities are dealt with, then there is a wealth of details to determine. Will you marry in a hotel, on the beach, in a Maya village, on a golf course, in a sacred place or maybe at Chichén Itzá itself? The list is endless! Though a religious ceremony may require extra documentation and a minister.

Requirements for a Catholic marriage in Cancun are:
  • Certificates of baptism
  • Certificates of confirmation
  • Permission of the selected church
  • Two witnesses
  • A passport-size photo of both the bride and groom
  • Prenuptial counseling attended by both the bride and groom
Source: Cancun Travel

For all other religious marriages, it is better to check with the local representatives. The Cancun places of worship are listed here.

Of course, some people like to have more than one ceremony; and why not? It's their big day!

Cancun Wedding


This photograph was taken from the roll of Nina and Anesh. They opted to have both a traditional Maya ceremony and a Hindu wedding, though on different days!

Cancun Wedding


With documentation ready and location chosen, your next step is to organize your wedding. For those traveling miles to marry in paradise, it might be worth hiring a local wedding planner. A simple search on the internet will provide you with pages of links to them. Alternatively, if you wished to arrange matters yourself, the same search will provide everything from florists to satellite link video producers, who ensure that those back home share in the day.

Cancun Wedding


Cancun Wedding


Tempting, isn't it? Happy Valentine's Day all!

August 6, 2010

Same Sex Marriages Constitutional in Mexico City

The voting was a landslide. Eight ministers voted in favour; two against; and one abstained. The issue was whether same sex marriage is constitutional in the Federal District. Yesterday, the Supreme Court of Justice of the Nation, based in Mexico City, declared that it most certainly is.

However, decisions have been postponed on the addendums; namely - does this apply to the rest of the country, outside Mexico City? And is the right of same sex couples to adopt children equally constitutional?

The latter issue, in particular, has come under fierce opposition from the Catholic Church and Mexico's conservative government. Nevertheless all of the signs indicate that both of these questions will be eventually answered in the affirmative.

The Mexico City Legislative Assembly, headed by Mayor Marcelo Ebrard, had originally approved the bill, in December 2009, though it didn't become law until 4 March 2010. Its forerunner, which became effective on 16 March 2007, had approved civil unions. This was the first of its kind in Latin America and, by December 2009, 736 unions had taken place.

The updated law went much further than ever before. Same sex couples had the right not only to fully marry, but to adopt children; take out joint bank loans; be named as the spouse in insurance policies; inherit wealth, and much more. It made homosexual marriages equal to their heterosexual counterparts. So far, 320 same sex marriages have taken place under its protection.

Jorge Cerpa and Antonio Medina
Jorge Cerpa and Antonio Medina
- the first same sex couple to marry in Mexico

However, the government of Mexico is President Felipe Calderon's right-wing Partido Acción Nacional (National Action Party). A challenge to the new law was soon set in motion. The government argued that the law would be destructive to families. The Mexican constitution protects families and procreation and therefore, the government declared, allowing same sex marriages had to be unconstitutional.

The Supreme Court, hearing the case, disagreed. Ministers Sergio Valls, Olga Sánchez, José de Jesus Gudiño, Juan Silva Meza, Luis María Aguilar, José Ramón Cossío, Fernando Franco and Arturo Zaldívar all voted in favour of its retention. Judge Gudiño commented, "I have tried to seek, and I don’t find, a way in which this could be unconstitutional."

Judge Franco made the point that, as 'procreation is not an essential element of matrimony' (you can still be married and not have children), then the law 'does not run counter to the protection the constitution grants to the family and procreation'.

The court will meet again, on Monday, to discuss the remaining two issues - nationwide application of the law and the adoption of children by same sex married couples. If the law is passed nationwide, then Mexico will join Argentina, Belgium, Canada, the Netherlands, Norway, South Africa, Spain and Sweden, as the only countries worldwide to afford full equality to its citizens, regardless of sexual orientation.

Mexico legalises gay marriage


This will be the big news of the day for many readers of this blog. I'm guessing anyway, given the sheer amount of times that people find it by searching such keywords as, 'cancun gay festival', 'riviera maya gay', 'maya homosexuality' and 'gay tours of riveria maya'. At least 20% of people finding us seem to do so by searching for information about the gay scene in Mexico, no doubt lured here by a previous blog entry: Gay Vacations in the Riviera Maya. To you then, I dedicate this blog entry. :)

Edit: Since writing this blog entry, the Supreme Court has decreed that homosexual marriages must be recognized throughout Mexico. However, it stopped short of ruling that all states must allow marriages to take place within their borders. It also ruled that same-sex couples may jointly adopt children, though again only in Mexico City. Their rights as parents, however, must also be recognized throughout the country.

June 1, 2010

Is It Legal?

Many people come to Mexico for a good time. They want the beaches, parties, free flowing alcohol and sun. It might never occur to them that entering another country means being subject to different laws, which may not be anything like their counterparts back home. If you commit a crime in Mexico, then you will be subject to Mexican law.

It's worth knowing what that law is then! We've compiled the most commonly queried legalities.

Alcohol

The age to legally drink alcohol in Mexico is eighteen.

Driving

You need to be 18 in order to drive in Mexico, however most rental agencies require the driver to be 21 years old.

Drugs

If you are carrying, or intend to buy, prescription drugs, then it is worth checking that they are also legal in Mexico. The Federal Commission for the Protection against Sanitary Risk (COFEPRIS) can help there. Their website, in English, is here. Each country differs on what is or isn't allowed, so even if your doctor back home gave them to you, they might be illegal over the border. It is also illegal to procure drugs with a prescription written by a doctor outside Mexico. You will need go see a doctor in Mexico first, then get him/her to prescribe your medication.

Some drugs, which may be illegal in your own country, are legal in small amounts in Mexico. These are quantities judged to be for personal use. They include: 5g marijuana, half a gram of cocaine, 50mg of heroin, 40mg of methamphetamine or 0.015mg of LSD. Anything over that is not legal.

Possession or use of any drugs deemed illegal in Mexico can carry a prison sentence of up to 25 years.

Firearms

Anyone wishing to take firearms, or ammunition, into Mexico can do so. However, they need a permit, secured prior to entry. It's not enough to declare the firearm at the border. These are strictly controlled and the penalties high.

Sex

The age of consent in Mexico is a little more complex than in neighbouring countries. The Federal Law, which exists as the minimum throughout the country, states that the age of consent is 12 years old (with restrictions). However, there is also state law, which changes depending upon which Mexican state you are in at the time. This places the minimum age at 12 (or puberty) through to 15. For example, in Quintana Roo, where millions of vacationers visit Cancun, the age of consent is 12.

However, before everyone goes cradle-snatching, please look again at that 'with restrictions' part. All of this very much relies upon the youngster being able to consent, with no complaints from him/her nor from his/her family. This includes consent given through seduction or deceit. In short, if the act has taken place, then either the child or their family complains, then the other party may find themselves with a lengthy prison term.

Moreover, some countries, like the USA, have laws on their own statute books governing sexual relations with minors in another country. In other words, it is legally possible for an American to travel to Mexico, engage with acts with a twelve year old; leave with no complaints nor arrest under Mexican law; then return home to find themselves on trial in their own country for 'sexual tourism' paedophilia.

It's probably much safer to move onto the age of consent (without restrictions). Again this varies from state to state, ranging from 16 to 18. In Quintana Roo, it is 18. The 'without restrictions' means that the family have no say in the matter and, unless someone has actually been raped, then there are no legal penalties.

Please note that the above applies equally to heterosexual and homosexual intercourse. It's all equal.
 
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