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Marriage by Proxy: Permitted or Prohibited? A Comparison Between Brazil, Portugal, and Luxembourg

  • Writer: Veridiana Assis
    Veridiana Assis
  • 22 hours ago
  • 4 min read

Updated: 19 hours ago


Marriage by proxy is recognized in some legal systems, allowing one—or, in certain jurisdictions, even both—of the spouses-to-be to be represented by another person during the marriage ceremony.


However, this practice is far from universally accepted. As a result, careful legal analysis is essential, particularly when determining whether a marriage celebrated by proxy will be recognized in the spouses' country (or countries) of nationality.


Interest in proxy marriages increased significantly during and after the COVID-19 pandemic. Although the procedure can offer practical advantages, it may also give rise to complex cross-border legal issues if the laws of all relevant jurisdictions are not carefully considered.


While much has been written about the formal requirements for marriage by proxy, this article focuses on a frequently overlooked issue: the civil effects of these marriages and the legal challenges that may arise for individuals with multiple nationalities when the laws of one of their countries do not recognize proxy marriage.


Brazil

In Brazil, marriage by proxy is expressly permitted under Article 1,542 of the Brazilian Civil Code.

The marriage may be celebrated through an attorney-in-fact appointed by means of a public power of attorney granting specific authority for the marriage. The power of attorney remains valid for 90 days, and both its execution and any revocation must be made by public deed.


Brazilian law also allows both spouses to be represented by proxy, provided that each appoints a different representative. In other words, although neither party is required to be physically present, the same proxy cannot represent both spouses simultaneously.


Portugal

Portugal adopts a more restrictive approach.


Although Portuguese law permits the use of a power of attorney, and the same representative may act on behalf of both parties during the preliminary marriage application process, the marriage ceremony itself requires the physical presence of at least one of the spouses.


Accordingly, while the formal requirements differ from those in Brazil, marriages by proxy are generally recognized in both jurisdictions, provided that the applicable legal requirements are fully satisfied.


Luxembourg

Luxembourg takes a fundamentally different approach.


The Luxembourg Civil Code expressly prohibits marriage by proxy. Article 144 clearly provides that "no one may contract marriage by proxy."


This prohibition reflects another fundamental principle of Luxembourg family law: under Article 146 of the Civil Code, the personal and direct expression of consent by both spouses is an essential requirement for the validity of a marriage.


Consequently, both parties must appear in person before the civil registrar to declare their consent to the marriage.


Why Does This Matter in International Family Law?

These differences become particularly significant for individuals who hold dual or multiple nationalities.


For example, a person who is both Brazilian and Luxembourgish and intends to marry abroad must carefully consider the legal requirements of both legal systems. Although a proxy marriage may be perfectly valid under Brazilian law, it may not be recognized in Luxembourg if it conflicts with Luxembourg's mandatory public policy rules.


Indeed, Article 170 of the Luxembourg Civil Code provides that a marriage celebrated abroad between Luxembourg nationals—or between a Luxembourg national and a foreign national—may be recognized in Luxembourg if it complies with the formal requirements of the place where it was celebrated and does not violate Luxembourg public policy.


Because Luxembourg considers marriage by proxy incompatible with its fundamental legal principles, such a marriage may ultimately be denied recognition.


Final Thoughts

The different approaches adopted by Brazil, Portugal, and Luxembourg illustrate how legal systems can assign different levels of importance to personal presence and consent at the time of marriage.

While Brazil and Portugal continue to permit marriage by proxy under certain conditions, Luxembourg has chosen a far more restrictive model, placing greater emphasis on the spouses' personal appearance and direct expression of consent.


For lawyers and professionals practicing International Family Law, understanding these distinctions is essential when advising clients who plan to marry abroad or whose relationships involve more than one legal system. Careful planning and a thorough analysis of the laws of all relevant jurisdictions are crucial to ensuring that a marriage will be recognized and produce its intended legal effects across borders.


Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. If you require guidance regarding your specific circumstances, please consult a qualified legal professional.


References

Image Copyright

Sandy Millar at Unsplash


Veridiana Assis

Veridiana Assis has practiced law since 2007 and has been a certified mediator since 2018. Her practice focuses on International Family Law, cross-border estate planning, and transnational legal matters. In addition to representing private clients, she has served as Legal Adviser to the Consulate General of Brazil in Brussels since 2024, providing legal assistance to Brazilian citizens residing in the Grand Duchy of Luxembourg on matters involving Luxembourg law. She is admitted to practice before the Portuguese Bar Association, the São Paulo Bar Association (OAB-SP), and the Luxembourg Bar (Barreau de Luxembourg), and regularly advises clients on legal matters involving these jurisdictions. She holds a law degree from UniFMU (São Paulo, Brazil) and is currently pursuing a master's degree in Conflict Mediation at the University of Luxembourg. Since 2008, she has also served as a court-appointed attorney before the IV Ethics and Discipline Tribunal of the São Paulo Bar Association (OAB-SP).

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