A wedding is one of the most important moments in life for most people. But what if one of the fiancés cannot attend the ceremony in person for serious reasons? Czech law offers a solution in the form of a proxy marriage. What conditions must be fulfilled, who can be the representative and how does the whole process work?
A proxy wedding is an exceptional institution of Czech law which allows a marriage to be celebrated even in situations where one of the fiancés cannot be present in person at the ceremony. This procedure is enshrined in the Civil Code and applies to both civil and religious marriages. Although this is a legal option, its use is limited to cases where there are serious reasons preventing the fiancé’s personal participation.
Examples of reasons that may lead to a proxy marriage include serious health problems, a long-term stay abroad or serving a prison sentence. The condition is that the regional authority under which the place of the planned ceremony falls must issue a permit. This permit is non-required and its granting is at the administrative discretion of the authority. The betrothed must enclose with the application the necessary documents and a power of attorney for the absent partner.
A proxy marriage has the same legal consequences as a regular marriage. This institution, although rarely used, represents a practical solution for extraordinary life situations and demonstrates the flexibility of the legal system in protecting personal rights.
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The process of obtaining a permit begins with a written application to the county office responsible for the location of the planned ceremony. The application must be made jointly by both fiancés. It must state the reasons why it is impossible for one of the fiancés to attend in person and be supported by appropriate documents.
The application shall be accompanied by all documents normally required for the celebration of the marriage, including a written power of attorney. The power of attorney must be officially certified and contain all the elements mentioned below.
The regional authority has 30 days to examine the application, or 60 days in more complex cases. Administrative officials take into account the seriousness of the reasons given and carefully check that the request is justified. If the authority approves the application, it issues a final decision, which must be presented at the ceremony itself.
Only an adult natural person who is fully capable of exercising his or her legal capacity and whose interests do not conflict with the interests of the represented fiancé may act as proxy for a proxy marriage. Previously, the law stipulated that the proxy must be of the same sex as the represented fiancé, but the current legislation is already gender-neutral. The proxy cannot be anyone who could benefit personally from the marriage contrary to its purpose, for example a person related to the other fiancé.
The power of attorney is a key document in the whole process. It must be in writing, officially certified and contain specific details of both the fiancé and the proxy. In addition to basic information such as names, dates of birth and addresses, the power of attorney must include a statement of the fiancés’ surnames after the marriage and the surnames of their future children. Furthermore, it must be confirmed that the principal has no obstacles preventing the marriage and that he/she is aware of the other fiancé’s state of health.
The power of attorney must be submitted with the application to the regional office and later at the ceremony itself. Any discrepancies in the documents can stop the process, so it is important that everything is drawn up exactly according to the legal requirements.
Proxy weddings are not common in the Czech legal environment, rather their use is rare when a sudden circumstance makes the presence of the other fiancé impossible.
Marriage resulting from pure love between two fiancés is a relatively recent issue in the context of history. It only began to appear more frequently in the 19th century. Until then, marriage was more often discussed in terms of social and property, or even political. The fact that marriage quite often resembled more of a form of commercial union or contract is related to the much higher frequency of proxy marriages.
Famous historical examples include the marriage of Marie Antoinette and Louis XVI. The ceremony took place in Vienna, with her brother Charles acting for Louis XVI. Only then did Marie go to France for the formal wedding. The marriage of Anna Jagiellon and Ferdinand I of Habsburg was also first arranged as part of the Vienna Agreements of 1515, when the then twelve-year-old Anna was betrothed to one of Maximilian’s grandsons, without specifying which one. They were represented by their grandfather Maximilian. Later, the marriage was formalized. Napoleon Bonaparte’s marriage by proxy to Marie Ludovika of Austria was not avoided.
A marriage contracted by proxy has the same legal consequences as a marriage contracted in the presence of both fiancés. Once the ceremony has taken place and the marriage certificate has been issued, both fiancés officially become spouses with all the rights and obligations that marriage entails.
After a proxy wedding, as after a regular marriage, there are several practical steps to be taken.
One of the main tasks is the processing of new personal documents. If there is a change of surname, the newlyweds must apply for a new ID card, passport and possibly other documents such as a driver’s license or health insurance card. These changes must also be notified to other authorities such as the tax office or the employer.
If one of the fiancés was a foreigner, you will need to provide proof that the marriage will also be recognised as valid in his or her home country. This may involve additional legalisation of the documents or their verification by translation.
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Marriage by proxy is an exceptional but useful institution of Czech law, which allows marriage even in extraordinary situations when one of the fiancés cannot be present in person. Although this procedure is legally equivalent to an ordinary marriage, its use is subject to strict rules that ensure the protection of the rights of all involved. In order to obtain permission, it is necessary to show good cause, submit an application to the regional authority and present a certified power of attorney to the attorney representing the fiancé.
We will prepare a premarital agreement tailored to your situation. We can prepare a similar agreement for you during the marriage and reduce the community property. All within five working days and at a predetermined price.
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