When you arrive in Spain you face with many new experiences, new places, new friends and, why not, new loves. It may even arrive the day when you want to make your love legally official… But do you know the compulsory procedures for a marriage between a Spaniard and a foreigner to take place? The most normal thing is that you are a bit lost, but don’t worry because you have come to the right place. In today’s post we explain everything you need to know about marriage between a Spaniard and a foreigner.
Characteristics of marriage between a Spaniard and a foreigner
The first thing you should know is that, regardless of the foreigner’s legal situation in Spain, it is completely legal to get married. In other words, it is possible to marry a foreigner in an irregular situation in Spain.
However, there is a peculiarity in this type of marriage. Before the marriage can take place, it will be necessary to process a preliminary procedure.
What does this procedure consist of?
This procedure is compulsory and the parties must apply for it at the Civil Registry Office. The objective is none other than to verify that the marriage has no intentions other than purely sentimental.
Once this procedure has been completed, the judge authorises the marriage. When both parties are already married according to Spanish civil law, a series of benefits are granted to the foreign spouse.
Required documents to apply for this procedure?
It is true that the documents requested may vary, but normally the following documents will be requested:
To the foreign citizen:
- Certificate of single status or divorce, if divorced.
- Birth certificate.
- Certificate issued by the Consulate of the foreign citizen’s country of origin in Spain regarding the need for publication of edicts.
- Certificate of consular registration issued by the Consulate of the foreign citizen’s country of origin in Spain.
- Valid passport or NIE.
- Certificate of census registration of the foreign contracting party.
For the Spanish citizen
- Birth certificate
- Spanish ID card or passport
- Certificate of census registration for the last two years.
- Proof of life
- Divorce decree, if divorced
It is important to note that, in the case of documents requested from abroad, all of them must be properly legalised and translated by a sworn translator.
Submission of documents
The contracting parties must present these documents to the Civil Registry Office, where they will fill out a sworn declaration and a declaration form to start the process. At this point, they will also be given an appointment to attend the reserved hearing.
What is the reserved hearing?
It is one of the most important steps in obtaining the preliminary procedure and the bride and groom must come with two witnesses.
At this hearing, both the bride and groom and the witnesses will be interviewed about their relationship.
Once the reserved hearing has been completed, notices will be published, if necessary, and the file will be passed on to the public prosecutor. The public prosecutor must give his final approval and, if there are no problems, the order approving the marriage will be issued and the date of the wedding will be set.
Celebration of the wedding
The wedding may take place in any municipality, even if it is different from the municipality where the case is being processed. Once the wedding has taken place, the family book and the marriage certificate will be handed over.
From this moment on, the foreign citizen becomes a family member of an EU citizen and has the right to apply for residence in Spain under the EU regime.
We hope you have found this information useful and that it can help you in the celebration of your marriage. Remember that you can read other interesting posts on our blog:
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