In short
Article 376 defines marriage as a civil institution proceeding from a civil contract by which two natural persons bind themselves mutually to be spouses, valid only if celebrated and solemnised per the law, and annullable or dissoluble before either spouse’s death only on the grounds the Code expressly provides. It adds that natural persons have the right to marry with full juridical equality. Article 377 demands three things: legal capacity, express consent, and the authorisation and celebration of the marriage contract with the law’s forms and solemnities. Article 378 says who has capacity: whoever is of majority age, has discernment to consent and to bind themselves, and is not barred by law from uniting with the other party. Article 379 settles marriages with fine print in one stroke: if either spouse’s consent was subordinated to a condition, term or mode, these are deemed unwritten. Article 380 lists six bars: those already bound by a marriage tie; those who have not turned eighteen; ascendants and descendants by consanguinity or adoption; collateral relatives by consanguinity or adoption up to the third grade; ascendants and descendants by affinity in the direct line, if the marriage that created the affinity produced children with blood ties to both parties; and persons convicted, in any participation, of the intentional killing of either one’s spouse. Articles 381 and 382 govern the minor who has already turned eighteen: they need the authorisation of whoever holds patria potestad or guardianship, and if those refuse the court may authorise it after a hearing; if the minor is under neither, the court appoints a special guardian. And Article 383 closes without demanding any wait: once the tie is dissolved by any cause, the former spouses are fit to formalise a new marriage.
What is it?
They are Articles 376 to 383 of the Civil Code of 2020: what the Code demands to marry, who may not, and what happens with the under-21 who has turned eighteen.
Who can do it?
Anyone about to marry in Puerto Rico who needs to know whether a bar stands in the way.
Requirements
- The requirements are legal capacity, express consent, and the authorisation and celebration of the contract with the legal forms.Verified against the official source
- Capacity belongs to whoever is of majority age, has discernment to consent, and is not barred from uniting with the other party.Verified against the official source
- If consent was subordinated to a condition, term or mode, these are deemed unwritten.Verified against the official source
- Those already bound by a marriage tie and those who have not turned eighteen may not marry.Verified against the official source
- Nor ascendants and descendants by consanguinity or adoption, nor collaterals by those routes up to the third grade.Verified against the official source
- Nor persons convicted, in any participation, of the intentional killing of either one’s spouse.Verified against the official source
- The minor who has turned eighteen needs authorisation from whoever holds patria potestad or guardianship; on refusal, the court may authorise after a hearing.Verified against the official source
- Once the tie is dissolved by any cause, the former spouses are fit to formalise a new marriage.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Check there is no earlier tie
Article 380(a): persons already bound by a marriage tie may not marry.
Step 2: Check the age
Article 380(b): those who have not turned eighteen may not marry.
Step 3: Count the grade of kinship
Article 380: ascendants and descendants are out, and collaterals up to the third grade.
Step 4: Review the affinity
Article 380(e): in the direct line, if the marriage creating the affinity produced children tied to both.
Step 5: If you are under twenty-one
Article 381: having turned eighteen, authorisation from patria potestad or guardianship is needed.
Step 6: And if refused, there is a hearing
The same article: the court may authorise after a hearing on the reasons and on your discernment.
Step 7: Do not attach conditions
Article 379: any condition, term or mode attached to consent is deemed unwritten.
Step 8: If you divorced, there is no wait
Article 383: once the tie is dissolved by any cause, you are fit to formalise a new marriage.
Where to do it
These eight articles do not describe the marriage procedure, which this site covers in a separate guide from the Poder Judicial’s own source. The Code does not define here what Article 378’s discernment requires. It does not say how Article 381’s hearing is requested or what else the court weighs, beyond the reasons for the refusal and the minor’s discernment. And it does not say here what happens to a marriage celebrated despite a bar: nullity has its own articles, not read for this batch. There is also a tension in the text worth pointing out and not resolving: majority age in this Code is twenty-one, Article 378(a) puts majority among the capacity requirements, and Articles 381 and 382 nonetheless build a whole regime for the minor who has turned eighteen to marry with authorisation. The Code does not reconcile the two and they are not reconciled here on its behalf.
How long it takes
What to do if something goes wrong
Three things in this section change real plans. The first is that there is no waiting period. Article 383 says that, once the marriage tie is dissolved by any cause, the former spouses are fit to formalise a new marriage. It does not distinguish between divorce, nullity or widowhood, and sets no months in between. The second is the grade of kinship, where most people go wrong by counting badly. Article 380 shuts the door on ascendants and descendants by consanguinity or adoption — with no grade limit — and on collaterals by those same routes up to the third grade. To know whether your case falls inside you must count as the Code requires: climb to the common ancestor and descend, adding one grade per generation. Note that adoption counts the same as blood in that paragraph. The affinity bar is narrower than it sounds: only in the direct line, and only if the marriage that created the affinity produced children with blood ties to both parties. The third is age, and here you must read slowly. Article 380(b) forbids marriage to whoever has not turned eighteen. Articles 381 and 382 then deal with the minor who has turned eighteen — remember majority age in this Code is twenty-one — and require the authorisation of whoever holds patria potestad or guardianship; if refused, the court may authorise after a hearing looking at the reasons for the refusal and at whether the minor has discernment to understand what marriage entails. And if there is neither patria potestad nor guardianship, the court appoints a special guardian from among their closest relatives. That Article 378(a) demands majority age while these two articles govern a minor’s marriage is a tension in the text itself; it is pointed out here and not resolved. A final note from Article 379: conditions, terms and modes anyone tries to hang on marital consent are deemed unwritten. The marriage stands; the fine print does not. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing you must wait months after divorce: Article 383 imposes no wait.
- Miscounting the collateral grade: you must climb to the common trunk and back down.
- Thinking adoptive kinship does not count for the bar: Article 380 equates it to blood.
- Believing all in-laws are barred: affinity bars only the direct line, with paragraph (e)’s condition.
- Assuming an eighteen-year-old may marry without permission: Articles 381 and 382 require authorisation.
- Giving up if the parents refuse: the court may authorise after a hearing.
- Attaching conditions or terms to consent: Article 379 deems them unwritten.
- Looking in this section for what happens if the marriage went ahead anyway: nullity has its own articles.
Frequently asked questions
How long must one wait before remarrying?
Article 383 sets no wait: once the tie is dissolved by any cause, the former spouses are fit to formalise a new marriage.
Up to what degree of family may one not marry?
Article 380 excludes ascendants and descendants by consanguinity or adoption, and collaterals by those routes up to the third grade.
May an eighteen-year-old marry?
Article 381 allows it with authorisation from whoever holds patria potestad or guardianship, and if refused, from the court after a hearing.
Is a marriage with conditions valid?
Article 379 says a condition, term or mode attached to consent is deemed unwritten.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
September 12, 2026
MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.
MiPRFácil does not submit applications on your behalf.
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How to get married at the courthouse in Puerto Rico
The clock: 14 days for the medical certification, 10 to return to the Registry and 10 to marry. The $30 and $20 paid separately.
In the collateral line you climb to the common trunk and then count back down
Article 374 of the Civil Code of 2020 counts one grade per generation up to the common ancestor and one per generation coming back down.
Divorce ends kinship by affinity with your former spouse’s family
Article 368 of the Civil Code of 2020 says dissolving the marriage ends kinship by affinity, save where the law provides otherwise.
The exam result cannot block the wedding; hiding it vitiates consent
Article 388 of the Civil Code of 2020 bars using the medical certificate to deny the licence, and 386 makes concealment a defect of consent.
How to get divorced in Puerto Rico: court or notary
The two grounds, the notarial divorce, the free OAT forms, and the $90 or $78 in stamps the Judiciary publishes.
Prenuptial agreements and the marital property regime
Under the 2020 Code you may agree to separation of property before marrying or during the marriage. It must be by public deed and registered.
The action to declare a marriage null is imprescriptible: it never expires
Article 405 of the Civil Code of 2020 makes the nullity action imprescriptible, and 404 opens it to anyone with a legitimate interest.
Continuing marital life after the cause ceases confirms the marriage
Article 411 of the Civil Code of 2020 treats the union as confirmed when the entitled spouse continues marital life after the cause ceases.