10 FAQs About Marriage Rights & Obligations When Moving Abroad

You probably know the rules and regulations surrounding marriage or civil partnership in the country where you got united. However, if you decide to relocate and become a resident of another country, it may be well worth reviewing some of your assumptions. We prepared a list of 10 Frequently Asked Questions about this topic. Please note - whenever we mention marriage or spouse, we also include civil partnerships and equivalent legal unions.

Immigration

• Question 1: If I have EU citizenship, can my spouse move with me?

  • If one person in the couple has EU citizenship, the other can apply for a spousal visa—very straightforward. The application is more simple compared to most other types.

• Question 2: If I don't have EU citizenship, can we submit a joint application?

  • Yes, if you are married or in a civil partnership, a joint application is usually possible. This is the case, for example, under the financially independent person scheme or the Golden Visa in Greece.

  • One person must meet the income/investment requirements independently, and there may be a surcharge in minimum requirements for the spouse and other dependents, plus an extra fee.

• For both cases - your marriage certificate will likely need to be apostilled and translated. It's good to start planning early to get this documentation in place.

Taxation

• Question 3: If I am eligible to a special taxation scheme, does this extent automatically to my spouse?

  • No - taxation works differently. Usually spouses must submit separate applications to become eligible to such schemes.

• Question 4: Can or should we file taxes jointly?

  • It depends by the country, but in Europe this is less common than in the USA. It may be an option but not an obligation, and depend on whether you have joint assets or if there's a big disparity in your respective incomes.

  • The advice here is to check with your accountant to make sure you know the local rules applicable to you.

Other Key Questions Expats Ask

We often get additional questions beyond just the basics:

• Question 5: Do prenuptial agreements work in my destination country? 

• Question 6: Do I need to legally register my marriage?

• Question 7: How does inheritance work? Will the old or new rules apply? Many European countries have forced inheritance laws to guarantee a portion of the estate to spouses and children, but this may not apply to foreign residents depending on their origin or by the location of the assets.

• Question 8: Do I need a new will? (Spoiler: Usually, it's good to have!)

• Question 9: Are same-sex marriages recognized?

• Question 10: Should properties be in joint names even if only one person is paying?

As you can imagine, the answers to these questions vary by country and also by when you are asking. Greece, for example, legalised same-sex marriage in 2024.

Be Prepared!

Preparation is the most important part of your relocation journey. Our services help you understand and anticipate the key aspects of starting a new life abroad, going beyond the basics of visa eligibility and international travel. Feel free to reach out and book a free intro consultation —we’re here to help!