Getting Married in Spain as a Foreigner: Legal Requirements

When you want to get married in Spain as a foreigner, there are certain legal requirements that must be fulfilled in order to be granted the right to marry.

There are different factors that will speed up this process depending on the nationality of your partner, that is, if at least one of the couple is Spanish or resident in Spain.

But, regardless of whether you are American, Korean, Japanese, English or any other nationality, Spain is a country that welcomes you to celebrate your marriage regardless of your values and your thoughts.

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In this article we are going to try to solve all the necessary doubts that we believe convenient about getting married in Spain being a foreigner, as well as the legal responsibilities that they entail.

1. Legal Requirements for Foreigners

Understanding Spain’s legal requirements is the first step in planning your wedding. If neither partner is a legal resident or citizen, you’ll need to meet specific criteria to legally marry in Spain. Generally, at least one partner must have been a resident for at least two years or once the marriage has been celebrated request a residence permit. Alternatively, non-residents may consider getting legally married in their home country and having a symbolic ceremony in Spain.

2. Is a Spanish Resident Required?

For those not legally residing in Spain, you might wonder if having a Spanish resident partner is necessary. While it’s not mandatory, having a partner who is a resident or citizen can simplify the paperwork and legal process. They can serve as the anchor for residency-related legalities, making the process smoother for the non-resident partner.

3. Getting Married if We Both Are Foreigners

If both of you are foreigners planning to marry in Spain, it’s crucial to understand the legal requirements and processes involved. As foreigners, you must ensure that you meet the residency conditions; typically, at least one of you must have resided in Spain for a minimum period (usually at least two years) or become a habitually resident in Spain after the ceremony. Additionally, the procedure might take longer, so start the process well in advance.

All necessary documents, such as birth certificates and proof of civil status, need to be officially translated into Spanish and legalized with the appropriate apostille or consular legalization.

It is often wise to consult with legal professionals or wedding planners to facilitate this process and ensure that your marriage is recognized both in Spain and in your home countries.

4. Essential Documentation for the Marriage

Once you’ve determined the residency requirements that apply to your situation, gathering the necessary documents is the next critical step. The required paperwork can vary based on individual circumstances and local jurisdiction in Spain. However, the fundamental documents typically include:

Passports: Both partners must provide valid passports as proof of identity.
Birth Certificates: Original birth certificates for both individuals, along with officially translated copies into Spanish, are required.
Proof of Eligibility to Marry: This may include a declaration of marital status, stating that both parties are free to marry. Such documents need to be certified by a legal authority in your home country.
Certificate of No Impediment (CNI): A Certificate of No Impediment may be requested to verify that there are no underlying legal reasons preventing the marriage.
Residency Certificate: For residents, a certificate of residency (empadronamiento) can prove an established presence in Spain.
Divorce or Death Certificates: If applicable, provide relevant documents that attest to the end of previous marriages.

Ensure all documents are apostilled and translated into Spanish by an official translator to avoid delays.

It is advisable to begin the document collection process well in advance, as translations and legalization can be time-consuming. Consulting the local civil registry where you plan to marry can provide further guidance tailored to your situation.

5. Types of Marriage in Spain

Spain recognizes both civil and religious marriages:

Civil marriages are conducted at local registry offices or town halls, while religious ceremonies can be held in various places of worship. However, religious ceremonies typically require additional steps, such as pre-marital courses or church-specific documentation. Decide which option best fits your vision and values.

Civil marriages in Spain for foreigners:

Must meet the same requirements as Spanish citizens
Require legal documentation, such as passports and birth certificates translated into Spanish by a certified translator
May require additional paperwork depending on your country of origin and marital status. For example, if you are divorced or widowed, you will need to provide proof of dissolution of previous marriages.

Religious ceremonies in Spain for foreigners:

Are subject to the rules and regulations of the specific religious institution
May require additional documentation, such as a letter from your home church granting permission for the ceremony to take place in Spain
Consult with the officiant or wedding planner to ensure all necessary requirements are met before planning your religious ceremony in Spain

Do thorough research on the marriage laws in Spain to determine which type of ceremony is right for you. Remember that both civil and religious marriages require registration with local authorities to be legally valid.

6. Same-Sex Marriage in Spain

Spain has been at the forefront of LGBTQ+ rights, being one of the first countries in the world to legalize same-sex marriage. Since its legalization in 2005, same-sex couples enjoy the same legal rights and responsibilities as their heterosexual counterparts.

Couples can choose to have either a civil or a symbolic ceremony, depending on their personal preferences and legal requirements.

Civil ceremonies must be officially registered and typically require similar documentation as heterosexual marriages, such as identity verification, proof of marital status, and any relevant translations.

Religious same-sex ceremonies, however, might not be widely available due to differing policies among various religious institutions.

7. Rights and Benefits When Getting Married in Spain

Getting married in Spain provides a foundation of rights and benefits that enhance the security and well-being of both partners.

One of the primary rights is legal recognition of your marriage in Spain, which extends to issues of inheritance, tax relief, and joint property ownership. Married couples may benefit from favorable tax treatment, such as lower tax brackets and deductions, particularly when filing joint tax returns.

Additionally, marriage in Spain grants couples the right to make medical decisions on behalf of each other in the event of an emergency and provides access to spousal health insurance in some cases.

Moreover, spouses have entitlements related to social security benefits, which can include survivor pensions and unemployment benefits in certain situations. It’s important to be aware of and understand these rights and benefits as they can significantly impact your financial and legal status within the country.

8. Legal Implications

When getting married in Spain as a foreigner, it’s important to understand the legal implications and requirements. Spanish law recognises marriage as a contract between two consenting adults, regardless of gender. This means that both parties have equal rights and responsibilities in the marriage.

It’s also essential to note that if you get divorced, Spanish law will apply even if you’re non-Spanish citizens. For this reason, it’s crucial to understand the legal process and seek legal advice before tying

9. Registering a Foreign Marriage License

If you’re legally married abroad, registering your marriage in Spain is a crucial step. This ensures your marriage is recognized under Spanish law, which can be important for matters like residency or taxation.

You can register at the local Civil Registry by providing all necessary documentation, including your foreign marriage certificate.

10. Getting Legal Assistance

Navigating the legal complexities of getting married in Spain can be daunting, making it beneficial to seek professional legal assistance.

Engaging a knowledgeable lawyer, familiar with Spanish marriage laws, ensures that all necessary documentation is correctly filed and that you fully understand the legal obligations and rights tied to your marriage.

Legal advisors can offer valuable insights on issues such as prenuptial agreements, property rights, and post-marital legal matters.