WHAT IS IT?
It is the means of proof that the marriage has taken place, this being the title that legitimizes the civil status of married. The registration attests to the act of marriage and the date, time and place where it is contracted. The marriage produces civil effects from its celebration, and for the full recognition of the same it will be necessary its inscription in the Civil Registry.
WHO CAN APPLY / SUBMIT IT?
Those who wish to marry shall previously prove, in a file processed in accordance with the legislation of the Civil Registry, that they meet the requirements of capacity established by law.
Beginning of the file:
The procedures for the civil marriage must be initiated at the Civil Registry Office or before the notary public of the municipality in which one or both future spouses are domiciled or have their habitual residence. If they are domiciled in different towns, they may choose the one that is most convenient for them.
Venue:
Although the previous formalities are carried out before the corresponding Civil Registry, the bride and groom may decide that, once the prenuptial proceedings have been completed, the wedding ceremony will be held in any municipality, before:
- The Judge in charge of the Civil Registry and the Justices of the Peace by delegation of the former in the offices or dependencies of the Civil Registry.
- The Mayor or the Councilor delegated by him/her in the premises that meet the appropriate conditions.
- The court clerk or notary freely chosen by both contracting parties who is competent in the place of celebration.
Necessary documentation for marriages celebrated abroad when at least one of the contracting parties has Spanish nationality or acquires it after the celebration of the marriage:
-Registration of canonical marriage:
Presentation of the ecclesiastical certification that will express the circumstances required by the legislation.
Literal birth certificate of the Spanish spouse or the naturalized spouse, issued by the Spanish Civil Registry.
Birth certificate of the foreign spouse.
National Identity Card of the naturalized Spanish citizen.
Proof of the promoter's domicile in Spain.
Data declaration sheet.
-Civil marriage registration:
Marriage certificate issued by the local foreign Civil Registry.
Literal birth certificate of the Spanish spouse or the naturalized spouse, issued by the Spanish Civil Registry.
Birth certificate of the foreign spouse.
National Identity Card of the naturalized Spanish citizen.
Proof of the promoter's domicile in Spain.
Data declaration sheet.
Where to submit it:
In the Civil Registry where the marriage was celebrated, or the Central Civil Registry in the case of a marriage celebrated abroad when at least one of the contracting parties holds Spanish nationality or acquires it after the celebration of the marriage and habitually resides in Spain.
ISSUES:
- How is the procedure for registering a marriage celebrated abroad in order for it to be effective in Spain?
The procedure can be carried out either in Spain, in the civil registry of the applicant's domicile, or in the foreign country through the consular civil registry. Once the documentation required by the registry or consulate has been provided, the procedure may include what we call the "interview" or the "reserved hearing" where a series of questions will be asked to the couple to verify if there is a real couple and we are not dealing with a fake marriage or a marriage of convenience.
- When can I apply for a family reunification visa if I got married abroad?
Until the registration of the foreign marriage in the Spanish civil registry, it is not possible to apply for the family reunification visa with which the foreign spouse of the Spanish citizen may travel to Spain and obtain the EU family member card in our country.
- I got married abroad, do I have to register the marriage in Spain?
Nowadays, more and more couples of different nationalities are getting married abroad due to the difficulty for one of them to come to Spain or because they decided to celebrate their wedding in a country other than Spain. These marriages, celebrated according to the regulations of that other country, are not automatically valid in Spain and, therefore, do not generate legal effects in Spain until they are registered here. For this, a procedure has to be carried out in order to verify that the marriage respects the Spanish public order and that there was no defect of will by any of the parties at the time of the marriage, such as error, violence, coercion, at the time of the celebration of the marriage.
- When is it mandatory to register my marriage celebrated abroad?
-When a marriage is celebrated abroad, whether it is between two Spaniards or between a Spaniard and a foreigner, the Spanish citizen is obliged to register it in Spain. It is obligatory to register this marriage even if the spouses reside outside Spain at the time of the marriage.
-When two foreigners are married abroad, one of them obtains the Spanish nationality. It is advisable to do this procedure as soon as possible, because the foreign citizen married to a Spanish citizen has only 1 year to apply for the nationality.
- Why is it necessary to register a marriage celebrated abroad in Spain?
Registering the marriage gives it validity in Spain and, in addition:
- If the other spouse is a foreigner, it will be necessary for him/her to apply for the Community Family Resident Card, however, nowadays it is also possible to apply for the Community Family Resident Card as a non-registered partner, proving the civil union in the foreign country and previous cohabitation.
- If the other spouse wants to acquire Spanish nationality by residence as the spouse of a Spaniard, he/she would need 1 year of uninterrupted legal residence in Spain.
- For either spouse to assert his or her rights as an heir of the other spouse in the event of death.
- For the purpose of collecting a widow's or widower's pension in Spain.
- What is the deadline for registration in Spain of a marriage celebrated abroad?
There is no time limit.
- Can I get married abroad and then in Spain?
It is not possible to marry twice, unless you divorce from the first marriage. If two Spanish citizens marry abroad, they must notify the Spanish Consulate closest to their domicile and then register the marriage at the Central Civil Registry in Madrid.
- Where do I register my marriage celebrated abroad?
If at least one of the spouses resides and is registered in Spain, the competent body is the Central Civil Registry in Madrid. If the spouses do not reside in Spain, they must register their marriage at the corresponding Spanish Consulate.
- What documentation do I need to register a civil marriage celebrated abroad in Spain?
- Marriage certificate issued by the Civil Registry of the locality abroad where the marriage was contracted.
- Literal birth certificate of the Spanish spouse or of the Spanish nationalized spouse, issued by the Spanish Civil Registry.
- Birth certificate of the foreign spouse.
- National Identity Card of the Spanish citizen.
- Foreign spouse's passport and NIE, if he/she already has one.
- Accreditation of the domicile of the person promoting the registration in Spain: census registration form.
- Data declaration sheet.
- Application.
- How can I legalize a foreign document?
Foreign documents that are not in Spanish (except for those that are multilingual) must be translated into Spanish by an official sworn translator, and subsequently legalized or apostilled in order to produce effects in Spain.
The legalization is produced by the apostille of the document if the country from which the documents originate has signed the Hague Convention of 1961.
