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Marriage in Spain
What to do to perform a Marriage between a Foreigner and a Spaniard?
To carry out a marriage between a foreigner and a Spaniard, you must begin by mandatorily processing a file before the civil registry. This allows certifying that both act voluntarily and that apparently there is no type of convenience.
This file is reviewed by a judge and if he determines that there is no complication for the marriage to take place, he will proceed to authorize it. The wedding will take place in accordance with Spanish civil regulations.
When the marriage takes place, it will be official in Spain and the member of the couple who is a foreigner will become a Spanish citizen. This person will begin to enjoy the benefits of any Spanish citizen.
What documents must be submitted to demonstrate the will of the contracting parties?
The documents that must be presented to demonstrate the will of the contracting parties are the following:
The foreign person must present the following: certificate proving that they can get married, current passport, divorce or single certificate, birth certificate, certificate on the need to publish edicts, consular registration and registration certificate.
The Spanish citizen must present the following documents: passport or National Identity Document (DNI), registration, birth certificate, proof of life and in case of being divorced must present the certificate.
If any of the documents is of foreign origin, they must be legalized or have the Hague apostille. If they are in a language that is not Spanish or any of the official languages spoken in Spain, they must bring a sworn translation.
Registration in the Civil Registry
When all the documents are gathered, the couple must go to the Civil Registry to present the corresponding file. After the documents are delivered, the audience is reserved, where they will ask questions to certify the authenticity of the act.
On the day of the hearing, it is very important to have some witnesses, this will help to give greater veracity. They will ask them several questions, in order to assess consistency.
When all the previous steps are passed, permission to marry will be obtained. The wedding can be done in any municipality, it is not necessary in the same place where the file was presented.
These procedures can take between 50 days and 75 days.
After the couple is officially married, they will be given a marriage certificate and a family book. Once this happens, the foreign person will become Spanish, which will give them the right to have residence under the community regime.
The foreigner of the couple must go with the marriage certificate, photograph and passport to the Foreigners Office and present the documents to obtain residence under the community regime.
What questions do they ask in the hearing?
- What are your feelings and those of your spouse?
- What is your and your partner's nationality?
- What was your nationality before marriage?
- Your spouse's full name, telephone number and address?
- What is yours and your spouse's favorite food?
- Does your spouse have any siblings?
- What are the names of your and your spouse's siblings?
- What was your marital status prior to marriage?
- Have you and your spouse been married before?
- When did you meet and by what means?
- When did you begin your relationship?
- Do you have children together or with other partners?
- How many times have you visited your spouse in your country?
What are the requirements for a marriage between a foreigner and a Spaniard?
The requisites for a marriage between a foreigner and a Spaniard prohibit the following:
- It is not allowed to perform a marriage under penalty of nullity: unemancipated minors. When one of the contracting parties is a minor, the nullity can only be demanded by his or her guardians, parents or guardians, in addition to the Public Prosecutor's Office.
- Persons who have previously had a marriage bond and it has not been dissolved.
- Person having a blood relationship up to the third degree.
- The person who has been convicted of being an accomplice or perpetrator of the death of the spouse of one of the members of the couple.
Requirements:
- The documents required are: registration certificate, birth certificate, proof of life, and a written declaration signed by both parties, which must be presented before the judge responsible for the Civil Registry.
If any of the parties were previously married, they must present the certificate of their previous marriage. The certificate must contain a marginal entry of nullity or divorce.
When one of the contracting parties is widowed, they must present the death certificate of the deceased spouse.
In the event that the spouses reside abroad, they must request a declaration of Spanish nationality and single status at the consulate of the country where they reside.
Requirements for a Divorced Spaniard
The requirements for the divorced Spaniard are to present a Physical Certificate of the previous marriage, which must have a marginal annotation of the divorce. When this has not been practiced, a testimony of the Sentence issued by the Court where the divorce was processed must be presented.
Marriage between foreigner and Spaniard by proxy
The Marriage between a foreigner and a Spaniard by proxy is a way to perform the marriage when the parties are not in the same country. This can occur when one of the parties is unable to obtain the visa required to travel to Spain.
The marriage by proxy allows the contracting party who is not in Spain, a power of attorney to another person to represent him/her. All that is needed is the power of attorney in authentic form and the presence of the other party.
The power of attorney becomes null and void before marriage if the principal revokes it, by the death of either party or by the resignation of the attorney-in-fact.
Marriage between foreigner and Spaniard by proxy
The documents required for marriage by proxy are as follows:
- Physical birth certificate.
- Certificate of bachelorhood or Certificate of matrimonial capacity.
- Certificate of residence or census registration.
- A document that certifies your identity, it can be the residence permit or passport.
- The printed application for marriage.
- Power of attorney granted before the Consul or Notary, it must be legalized in the form of a public deed.
- The documents must be legalized or have the Apostille of the Hague, if necessary translated by an official translator.
Why can a marriage between a foreigner and a Spaniard be denied?
The marriage may be denied because one of the parties does not meet the requirements. The Consular or Civil Registrar may also deny the marriage on the grounds that it is a marriage of complacency.
Complacency marriages are those that occur for any of the following reasons:
- Wanting to quickly acquire Spanish nationality.
- To obtain a residence permit in Spain.
- To obtain family reunification for people from other countries.
In order to demonstrate the existence of a true relationship between the parties, it is recommended to keep the following in mind:
The relationships that exist between the contracting parties refer to those they have had before or after the marriage took place. The relationship must have been uninterrupted for a fairly long period of time.
The relationships that have existed between the contracting parties may be personal, telephone, internet or any other means of communication.
There is proof of the existence of personal relations between the contracting parties is that they are currently living together or have a child together.
When the contracting parties do not speak the same language, it is understood that personal relations are a little difficult, but not impossible. Therefore, it must be demonstrated to the Spanish Civil Registrar that personal relations do exist.
If the history of one of the spouses shows that he or she has previously had simulated marriages, it is an indication that there are no genuine personal relationships between the spouses.
What to do when a marriage between a foreigner and a Spaniard is denied?
When the Spanish Civil Registrar denies the marriage, a lawsuit must be filed before the corresponding Court of First Instance. If this option is used, the assistance of a Procurator and a Lawyer is required.
The lawyer who assists you should be a professional with extensive experience and knowledge of immigration law. This professional will be in charge of presenting the allegations to prove that there is a strong relationship between the parties.
If you find yourself in a case of this nature, ask for the advice of Rodenas lawyers. We have a group of specialists in Immigration Law ready to advise you and accompany you in all the procedures.
