Requirements to get married in Spain

In this article we will explain which documents and procedures are required in order that a foreigner and a Spaniard or 2 foreigners can celebrate a marriage in Spain.

1. Wedding Ceremonies between a foreigner and a Spaniard need to be organized with the Civil Registry that corresponds to the area where one of the parties resides habitually. The following documents are required:

  • Complete Birth Certificates: – A translated and legalized copy obtained from the Civil Registry in the place of Birth of the foreign party/ies.
  • Registry in the Town Hall Certificates: – Called “Certificado de Empadronamiento”, which can be obtained in the Town Hall/s of the area/s where you have been living for the last two years.
  • Marital Status Certificate: – For the Spanish party a “Fe de Vida y Estado” which is a document stating that the person is alive and specifying marital status. It is issued by the Civil Registry in the area where this person is registered as living. For the foreign party/ies, it would be a Certificate issued by the consulate of the country of birth. It is a sworn declaration stating the legal capacity of this party to contract matrimony and includes a form which has to be filled in at the Civil Registry.
  • Photocopies of Identity Documents, or passports
  • Marriage Certificate/s for previous annulled marriages, or divorces, together with the final divorce or annulment Certificate/s
  • Death Certificate/s for widows or widowers together with Marriage Certificate of previous husbands/wives.
  • Certificate of Registration in the Consulate: – Issued by the Consulate of the foreign party’s country of origin.
  • Certificates stating the necessity of publishing public Bans: – Issued by the Consulate of the foreign party’s country of origin.
  • Petition: – Once all documents have been collected you should take them to the Civil Registry of the area where you wish to marry, where you will be asked to complete a petition for the marriage. Once this is done they will initiate the procedure for your file and will later contact you to go and collect the document which authorizes the marriage.

2. To enable to two foreigners to celebrate a marriage in Spain abiding by the Spanish Law both parties would need to present the following documents:

  • Complete Birth Certificates: – This must be dated and is only valid for 6 months
  • Marital Status Certificates: – This must be dated and is only valid for 6 months
  • Photocopy of either Resident Certificates or passports.
  • Registry in the Town Hall Certificates: – (Empadronamiento) in the Town Hall/s, where the parties have been residing for the previous 2 years at least one of the interested parties must reside in Spain. In the case where a party has not resided in Spain for at least 2 years proof of their previous residence must be provided by acquiring a Certificate from the Consulate of the country of origin, stating the domicile of the interested party for the previous 2 years
  • Death Certificate/s for widows or widowers, together with Marriage Certificate of previous husbands/wives.
  • Final Decree/s for divorce and full Marriage Certificate/s of previous marriage/s
  • Petition: – Once all documents have been collected you should take them to the Civil Registry of the area where you wish to marry, where you will be asked to complete a petition for the marriage. Once this is done they will initiate the procedure for your file and will later contact you to go and collect the document which authorizes the marriage.

ALL of the above non Spanish documents, in both cases, must be, originals, legalized by the consulate of the country of origin or with an apostil, and they must be legally translated into Spanish. BOTH the original documents and the translated copies should be presented.

Once the couple are married the foreign party/ies, must register the marriage in the consulate of their country of origin. Also it is recommendable to ask the Consulate if there are any other documents or procedures required BEFORE you initiate the marriage process with the Spanish Civil Registry Office.

When you settle on a date for the Ceremony, you will need a witness. The Witness must be of age and cannot be a family member.

The whole process in the Civil Registry Office can take from 30 to 50 days. The Wedding Ceremony can take place in the Registry Office or in your Town Hall. If you wish to marry in your Town Hall then you should make an official request in writing.

Text by Marbella Solicitors Group Law Office