Notaries Being
Investigated For
Marriages of
Conveniences
Foreigners obtaining
residency through
marriage is nothing new
or unusual in Costa
Rica, as marriages of
convenience are routine
and offer foreigners
quick and easy access to
legalizing their stay in
Costa Rica.
The practice, though
frowned upon by
authorities, is not
illegal and is routinely
carried out by lawyers,
some who charge their
customers thousands of
dollars for facilitating
the marriage, that is
providing the notarial
services in addition to
providing the spouse for
the foreigner.
However, the Dirección
de Notariado, says it is
investigating 50
notaries tied to
marriages of
conveniences, some
working for state
institutions while
providing professional
services on the side.
According to Alicia
Bogarín of the the
Dirección de Notariado,
one of the notaries
investigated works for
the Consejo Nacional de
la Producción (CNP) and
another for the
Patronato Nacional de la
Infancia (PANI).
"We know from the index
of their protocols that
they are performing
between six and seven
marriages a night, five
minutes apart", said
Bogarín.
The Dirección de
Notariado is not
questioning the legality
of the marriages, but
rather is investigating
the unethical practices
of some notaries that
are charging foreigners
in some cases up to
us$10.000 dollars,
though the majority of
the sums are much lower
than that.
Bogarín said that the
Dirección de Notariado
has initiated a process,
many of which are
already before a Juzgado
Notarial, which could
result in the suspension
of up to six months for
those found guilty.
Bogarín said she was not
happy with the minimal
sanction but added that
"something is better
than nothing".
According to the
Dirección de Notariado,
notaries in Heredia and
San José register the
greatest number of
marriages, including
some notaries who have
left the country, Cuba
is one favourite
destination, bringing
along their protocol
book to collect
signatures.
Bogarín added that many
of the individuals who
contract a marriage of
convenience are
"dangerous people in our
country".
Marriage in Costa Rica
is simple. A visit to a
notary public or lawyer,
with a passport (in the
case of the foreigner)
and a cedula (in the
case of a Costa Rican
national), is all that
is required to complete
the form, sign the
notary's or lawyer's
protocol.
In case the foreigner
does not know a Costa
Rican who will marry
them, the notary or
lawyer will provide, for
an additional fee, the
person as well.
Once the form is
registered with the
Registro Civil, the
marriage is legal and
binding, and the
foreigner can then apply
for residency with the
immigration service,
using the "family tie"
as a basis for the
residency request.
The couple do not have
to meet, in fact in most
cases of marriages of
convenience, all they
know of each other is
what the form tells them
- a name, cedula number,
birth date and the names
of the parents.
Once three years of
passed, the foreigner
can then file for
divorce and the marriage
is at an end. Simple.
For women entering
marriages of convenience
- both for the foreigner
and national - the added
burden of having to wait
300 days before
remarrying has been
removed with a decision
by the Constitutional
Court last February 14,
where it found it
unconstitutional that a
woman would have to wait
the time before
remarrying, while a man
did not. |
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