Marriage

The civil-law definition of marriage is a stable union between two persons of the same or opposite sex, established in accordance with the requirements of the civil legislation.

Marriage takes effect in civil law from the time of solemnisation. These effects apply both to the individuals concerned (the spouses’ rights and obligations) and to their estates (the matrimonial property regime). Marriages must be registered in the Civil Registry to be fully recognised.

Any Spaniard can marry in or outside Spain in the form laid down by the Civil Code or in the religious form legally provided for. If both parties are foreigners they can marry in Spain in accordance with the same provisions as for Spaniards or the provisions of the personal law of either party.

The marriage certificate will be processed before a notary at the place of residence of either spouse. The documentation will be processed by the Department of Justice’s legal officer or the Civil Registry officer at the place of residence of one of the spouses.

If one or both of the spouses was residing abroad, the documentation may be processed by the diplomatic or consular superintendent registrar responsible for the consular district in which they reside.

Once the new civil status model is established, the documentation will refer to the joint address where the spouses are domiciled. If they have different addresses, the spouses may choose one of them. If neither is chosen, the application will be sent to the civil registry corresponding to the spouse who appears first on the application.

The documentation begins with an application for a marriage licence signed by both spouses, which should contain:

• Particulars of the identity, including the profession, of the spouses;
• Identification of witnesses;
• First name(s) and surname(s) of any previous spouse or spouses, and the marriage dissolution date(s);
• A declaration of no impediment to the marriage;
• The authority chosen, if any, to perform the marriage;
• Places of residence or domicile in the past 2 years.

Proof of identity, or of birth where the former is unavailable, and, where appropriate, proof of dissolution of previous ties, or of emancipation, or waiver where the former is unavailable, must be submitted with the document.

If a notary is used, the procedure will conclude with a decision authorising the marriage. This will state that the legal requirements and checks on capacity to marry and no impediment are deemed to have been complied with.

The marriage documentation procedure will be concluded by a decision of the court clerk (judicial law clerk) stating that the spouses have met the requirements for contracting marriage, as well as determining the applicable matrimonial property regime and, where appropriate, the right of domicile of the contracting parties, and a copy of the decision will be given to them.

• If the Department of Justice’s legal officer rules in favour:
  • the marriage may be performed either before the same legal officer or before another Department of Justice legal officer, or before the mayor or councillor appointed by them;
  • the choice is left up to the spouses.
• If the Civil Registry officer’s ruling is favourable:
  • the marriage must be solemnised before the mayor or councillor chosen by the spouses;
  • this mayor or councillor must be appointed by the Civil Registry officer.
• If the Consular Civil Registry Officer’s ruling is favourable:
  • the marriage may be solemnised before the same officer, a different officer, or before a justice of the peace, mayor, or councillor appointed by them;
  • the spouses choose who will marry them.
• If the marriage is processed by a notary:
  • the spouses may give their consent before the same notary or a notary other than the one who processed the certificate, or before the mayor or councillor of their choice;
  • consent must be given in accordance with the forms set out in the Civil Code.
• Marriage solemnised outside Spain:
  • this must be performed by the consular official or diplomat responsible for Civil Registry abroad.

Registration of marriage is the registry entry, drawn up by the superintendent registrar, which attests to the act of marriage and the date, time and place of the marriage and fully acknowledges the civil effects of the marriage vis-à-vis bona fide third parties.

The following will be registered:

• A marriage whose requirements have been established and concluded in accordance with the procedure set out above will be registered in the personal records of the spouses.

• A marriage performed before a foreign authority will be recorded in the civil registry by registering the corresponding certificate, provided that it is effective under the provisions of the Law on Civil Status.

A marriage performed in Spain in religious form will be recorded in the civil registry by registering the certificate issued by the officiating minister, in accordance with Article 

The marriage must be registered in the municipal or consular registry (if abroad) of the place where the wedding was performed.

When consular registration applies, if the sponsor (the person on whose initiative the marriage took place) is domiciled in Spain, the registration must first be entered in the central registry and then transposed to the corresponding consular registry.

In cases in which a marriage has been celebrated without the corresponding file or record being processed, and where necessary, the Court Clerk, Notary, diplomatic or consular official, or Civil Registrar who celebrated the marriage, before proceeding to register it, must verify the validity of the marriage and whether the legal requirements have been met, by processing the record or file referred to in this article.

If the marriage has been celebrated before a competent authority or person other than those indicated in the previous paragraph, the marriage record will be sent to the Civil Registry Registrar in the place of celebration so that the validity requirements may be verified in the corresponding file. As soon as it is verified, the Registrar of the Civil Registry will register it.

Once the marriage has been registered, the superintendent registrar will make the marriage registration certificate available to each of the parties.