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» Marriage registration in Spain. Civil registered marriage in Spain: legal aspects Marriage to a Spaniard documents

Marriage registration in Spain. Civil registered marriage in Spain: legal aspects Marriage to a Spaniard documents

Marrying a Spaniard is the dream of any provincial woman who empathized with “Simply Maria” and “The Woman with the Scent of Coffee.” But today, when borders and distances are no longer a problem, such dreams of young Russian women are becoming a reality. Another issue is registration of marriage. Being wary of fictitious unions, Spanish legislation provides for a number of features for legitimizing relations with foreigners, and officials are preparing a meticulous check for the couple. Let's try to figure out what newlyweds should be prepared for and what marital and civil rights they will have after marriage.

What you need to know about marrying a Spanish citizen

First, let's briefly look at the main features that an international couple should take into account. When intending to legalize relations with a Spanish citizen, you need to remember that:

  • newlyweds can choose any place for marriage. If the bride is Russian, the marriage can be concluded both in Russia and in Spain - it all comes down to where it is more convenient to do this. For example, in the Russian Federation it is easier to register a marriage. However, if the couple’s place of residence is the kingdom, it is logical to “sign” in Spain. Certificates, registration, residence – all this is processed on the spot;
  • When registering a marriage, only Spanish law will apply to both spouses. In particular, we are talking about Chapter III of the Codigo Civil (Civil Code), which is entirely devoted to the rules and conditions of marriage, Chapter II of Section IV of Law No. 20/2011 del Registro Civil “On the Civil Registry”, Art. 238-272 Reglamento para la aplicación de la Ley del Registro Civil (provisions for the application of the civil registry law), La Instruc. de 9 enero 1995, etc.;
  • for “mixed” marriages, Spanish legislation provides for a special procedure for considering a “marriage case”, which must be completed before registering a civil marriage (this will be discussed below);
  • marriage with a Spaniard can be concluded in several forms, up to the registration of official cohabitation, which requires applying to the municipality (we will talk about this below);
  • Marriage to a Spanish citizen allows you to obtain a residence permit without any problems, and subsequently - under a simplified scheme.

All this and much more will be discussed further. Let's start with the forms of registration of marital relations existing in the country.

Acceptable forms of marriage in Spain

Like many European countries, Spain recognizes the following forms of marriage: civil, religious, etc. According to Art. 49 Codigo Civil, the Spaniards can conclude:

  • civil marriage is a traditional union in our understanding, which is registered in the civil registry in accordance with the provisions of civil and family law. Since 2005, Spanish legislation allows not only traditional, but also same-sex marriages, essentially equalizing civil rights for such couples. According to Art. 51 Codigo Civil and Art. 58 of Law No. 20/2011, a civil marriage is registered by a magistrate, the head of the municipality or his adviser, a court clerk or a notary or another person in charge of the civil registry. Marriage is confirmed by a marriage certificate;
  • religious, church marriage. In accordance with Art. 59 Codigo Civil, a marriage concluded in a religious organization is permitted if this is provided for in a bilateral agreement on cooperation between the state and religious denominations. A church union entails the same consequences as a civil marriage: joint property, rights of spouses, etc. If the specified agreement is not signed, but the religious organization is included in the Registro de Entidades Religiosas (Register of Religious Organizations), the marriage concluded in such a church can also be recognized, but only if the requirements of paragraph 2 of Art. 60 Codigo Civil. In any case, a religious marriage will require registration in the civil registry (Registro Civil).

In addition, local legislation allows the conclusion of a form of official union such as Pareja de hecho (actual cohabitation). Such registration can be completed by men and women living together in a de facto marital relationship. If one of the cohabitants is a foreigner, Pareja de hecho allows you to obtain a residence permit.

All grounds for obtaining a residence permit in Spain are discussed in the article ““.

Such registration is separately regulated by each municipality. For example, in Andalusia this is law No. 5/2000 of December 16, 2000, in Aragon - law No. 6/1999 of March 26, 1999, and in Catalonia - law No. 10/1998 of July 15, 1998. In any case, to register as cohabitants, each of the couple must be unmarried, have full legal capacity and live with the other for a long time (1-2 years depending on the region).

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Documents for marriage in Spain

Any foreigner who decides to formalize a marital relationship in Spain is required to collect and provide the person responsible for the civil registry with the following documents:

  • Certificado plurilingüe de nacimiento - multilingual birth certificate;
  • Certificado de capacidad matrimonial (certificate of ability to marry: the age of marriage has been reached and no marital status) or Certificado de estado civil (certificate of civil status), if the country of origin does not issue the former. A divorce certificate or a death certificate of a former spouse will also be suitable.
  • Certificado de empadronamiento - certificate of registration at the place of residence in Spain, issued by the municipality (ayuntamiento);
  • certificate of consular registration - issued at the consulate of the country of origin to which the foreigner is assigned;
  • a copy of the residence permit, national visa of the foreigner, his foreign passport.

As a rule, such a package is quite sufficient for inspection and control authorities. Depending on the region, you may also need a Certificado de Edictos - a certificate confirming the publication of the intention to marry, a certificate of good conduct, and others.

All foreign documents must be apostilled and properly translated into Spanish. There is a special regime for citizens of the Russian Federation: by virtue of a bilateral agreement dated February 24, 1984, documents issued by Russian registry offices do not require additional legalization.

For a future wife or husband with Spanish citizenship, you will need to prepare:

  • Certificado literal de nacimiento - a birth certificate issued by the Spanish Civil Registry Office no earlier than 6 months before submitting documents for marriage registration;
  • Certificado de empadronamiento de los dos últimos años – certificate of registration at the place of residence for the last 2 years;
  • internal passport of a citizen;
  • divorce certificate, death certificate of a spouse for divorced people and widowers, respectively.

Preliminary examination of the marriage case (interview)

There is an opinion that undergoing an interview before marriage is a forced measure applied exclusively to mixed marriages concluded between Spaniards and foreigners. In fact, this is only partly true. The point is that Art. 56 Codigo Civil and Art. 58 of Law No. 20/2011 requires any couple to undergo such an interview - without specifying whether there are foreigners among those getting married.

Let's look at the general conditions for marriage in Spain:

  • the coming of age of partners or their emancipation if one of them is a minor;
  • absence of marriage or cohabitation with another person;
  • a true desire to start a family without intentions to take advantage of the legal advantages of marital status;
  • the presence of at least one of the spouses in the kingdom.

The interview allows officials to identify a fictitious marriage and other circumstances that prevent the registration of relationships (not reaching marriageable age, being married, lack of grounds for concluding a union). Given the importance of the procedure, it is not carried out formally. Previously, it was carried out exclusively by judges, court clerks or heads of municipalities, but from July 30, 2017, such powers were vested in notaries with jurisdiction over the couple’s place of residence.

To undergo an interview, you must contact a mutually chosen notary, judge or other person responsible for the civil register and submit to him the above-described package of documents. Based on them, a message is generated, which, according to Art. 243 Reglamento para la aplicación de la Ley del Registro Civil (RRC), will be published in the place of residence (if it has at least 25 thousand inhabitants) in order to identify persons who are aware of the facts that impede the conclusion of such a marriage.

If the couple lives in a larger locality (Article 244 RRC), the message is not published, but in this case, witnesses (a relative or close friend) will also have to be interviewed, who will confirm the absence of factors impeding the marriage.

At the same time, an interview is conducted with the couple themselves. To identify violations, according to Art. 246 RRC, this procedure is carried out with the bride and groom separately, strictly confidential.

They fill out a written questionnaire and communicate with the official orally. They may be asked various questions, for example, about how they met - through a dating site or otherwise, how long their relationship lasted until the moment when they decided to legitimize it.

A marriage license can only be issued based on the results of an interview. Moreover, finding out the details and comparing the answers can be quite lengthy and picky.

If an official identifies discrepancies indicating fraudulent actions, the absence of the true will of the parties to create a family, or understands that the union being concluded is fictitious, he, guided by Art. 247 RRC, will refuse to issue a permit. The refusal must be reasoned and indicate shortcomings and obstacles that do not allow marriage. However, even if the interview is unsuccessful and a refusal is received, in accordance with clause 4 of Art. 58 of Law No. 20/2011, the couple has the right to appeal to the General Directorate of Registers and Notaries and undergo a re-interview.

Marriage registration

If the official’s decision turns out to be positive, according to Art. 249 RRC, the couple is given the right to choose the date and time of the marriage, which should take place no earlier than in a month. If there are compelling circumstances, the parties may ask the responsible person to register the marriage within three days after the completion of the marriage case.

For a marital union to have legal consequences, it must be registered in the civil registry. To do this, the official registering the marriage draws up a protocol of the ceremony and sends it to the civil registry. Let us remind you that this can be done through the city council, registration offices (registry offices) or a notary.

The timing of the procedure will depend on who the procedure is carried out through. For example, when registering through the registry office, due to the presence of a queue, the wait can take up to six months. It is much faster to register a marriage with a notary, but it is not free: on average, the price of a notary’s services is 100-160 euros.

Two witnesses must be present at registration. As a result of the ceremony, in accordance with clause 4 of Art. 59 of Law No. 20/2011, the couple receives a marriage certificate, which confirms the legality and validity of the concluded union.

Marital Rights and Responsibilities

When deciding to marry a Spaniard or marry a Spanish woman, it is important to know about your marital rights. By the way, they must be read to the couple by the official registering the marriage immediately before registration.

Conjugal rights and responsibilities are dealt with in Art. 66-71 Codigo Civil, according to which:

  • each spouse is endowed with equal rights and responsibilities in marriage;
  • marital relations must be built on mutual respect and mutual assistance, each spouse must act in the interests of the family;
  • spouses are obliged to live together and remain faithful to each other, must share responsibilities around the house, equally raise children and provide care for other relatives who need their help;
  • spouses must jointly choose their place of residence, and if they cannot choose it independently, based on the interests of the family, the court can do this.

Matrimonial property regime in Spain

Right to residence and citizenship

If the foreign spouse of a Spanish citizen does not have the right to permanent or temporary residence in the kingdom, he has the right to obtain such permission after the wedding. In accordance with Art. 8 of Royal Decree No. 240/2007 of 02/16/2007, family members of a Spaniard who do not have citizenship of an EU country can apply for a tarjeta de residencia de familiar de ciudadano de la Unión (residence card for family members of an EU citizen).

Essentially, this card is a residence permit that gives the right to reside in Spain for 5 years, with the possibility of free or

Features of life in Spain

When deciding to move to Spain with your spouse, it is important to understand that life in the kingdom has its pros and cons.

Of course, everyone sees them in their own way, and we will only briefly draw your attention to some features, in particular:

  • Spain is a member of the EU and has open borders with all of them;
  • the kingdom has a typical Mediterranean climate, so you need to be prepared for high temperatures;
  • in the country it fluctuates between 1.8-2 thousand euros;
  • There are 4 official languages ​​in the kingdom: Spanish, Catalan, Galician and Aranese. In addition to them, Aragonese and Asturian Leonese are also common, but they are not official;
  • the main religion in the country is Catholicism, although Islam and Protestantism are also widespread;
  • Spain has a constitutional monarchy: the head of state is the king, and parliament exercises control over the executive branch;
  • the kingdom is one of the largest tourist centers, so meeting compatriots in Spain is not a problem.

The section “ will tell you about the incredible number of historical, cultural and natural attractions of Spain.

Conclusion

Thus, marriage in Spain has significant differences from the rules adopted in post-Soviet states. When concluding a marital union, you must remember that in Spain:

  • two forms of marriage are recognized: civil and church; in addition, you can register official cohabitation;
  • before marriage you will have to undergo an interview, during which you need to prove the sincerity of your intentions;
  • a judge, the head of the municipality, a person appointed by him or a notary can register a marriage;
  • after the wedding, the foreign spouse has the right to obtain a residence permit, permanent residence, and then citizenship - a year after the wedding.

Why you shouldn't marry a Spaniard: Video

How to register a relationship as a “registered couple”

As is known, since November 3, 2010, according to the decision of the Supreme Court of Spain, registered couples (cohabitants) are equal to married couples at the time of requesting residence as a relative of an EU citizen. We will describe below what the process of registering a relationship as a “registered couple” (pareja de hecho, pareja estable) looks like.

A “registered couple” is a union of two people who live together openly by mutual consent and their union is similar to that of married couples. This relationship between two persons who are considered a registered couple can be proven in various ways (the presence of common children, statements of witnesses, any documents, etc.). One of the most convincing evidence is the signing by both parties in front of a notary of a contract, which confirms the existence of a union between two persons, or registration with the body competent to perform this function.

Thus, in each region and in each province of Spain there is a body called the “Register” (Registro de parejas de hecho, Registro de Parejas Estables), which is responsible for recording such couples. Please note that the list of documents to be submitted and registration conditions largely depend on the province in which you live. This body, responsible for registering civil marriages, may be located in the city hall or in a separate department.

According to the law, both heterosexual and homosexual couples can enter into a civil marriage, provided that they are adults, are not married, and do not have direct family ties.

As mentioned earlier, you can register a civil marriage in an authority that has these powers. Next, we will describe the process of registering cohabitation (civil marriage) in Catalonia (we repeat that in other provinces and regions of Spain there may be some adjustments).

In Catalonia, the process of registering a civil marriage is carried out in any branch of the city hall.

Basic conditions for persons wishing to enter into a civil marriage:

Be of legal age or under the age of majority but leading an independent lifestyle (menores emancipados)

Have no direct family ties

Not be in another marriage

Not be in another civil marriage

Both persons must be registered at the same address

Provide a certificate of residence (volante de convivencia) confirming cohabitation for the last two years or a document signed by a notary stating this fact (this condition is mandatory for civil marriage in Barcelona and in most provinces of Spain)

Birth certificate of children (if there are common children)

Persons who meet the above conditions may apply for a civil marriage by providing the following documents:

Identification card (DNI), passport or residence permit card (NIE) of persons entering into marriage

In the case of minors who are independent from their parents - documents confirming this fact

A written statement from two persons (declaración jurada), indicating that there is no direct relationship between them; that they are not in any other marriage. The form for filling out this document can be obtained online or by going to the mayor's office in person.

Certificate of marital status issued by the civil registry office (Registro Civil). Foreign citizens must provide one of the following documents:

Document on marital status issued by the consulate of the country of which he is a citizen (translated into Spanish)

Certificate of marital status issued by the country of which he is a citizen (duly legalized and translated into Spanish by an official translator)

International certificate of marital status (certificado de estado civil plurilingüe) - this certificate can be requested by persons who have citizenship of one of the European Union countries.

If persons entering into a civil marriage sign a document at a notary's office declaring that they live together, the following documents will need to be provided:

Copy of the notarial document

A written statement from both persons (declaración jurada), indicating that there is no direct relationship between them; that they are not in any other marriage. The form for filling out this document can be obtained online or by going to the mayor’s office in person.

It is very important to know that in any case - be it confirmation of a certificate of registration or cohabitation for the last two years, or a notarized statement of living together - a prerequisite is the fact of registration of two persons at the same address.

In Barcelona, ​​a request for a civil marriage can be submitted either online (attaching all the necessary documents in a letter) or in person by contacting the authority responsible for carrying out this procedure.

For a personal request you must:

Go to the city hall, to the department for work with citizens, and take application forms for submitting documents.

Fill out and sign the required forms

Submit a request at any branch of the mayor's office.

If any documents are missing, you will have 10 days to submit them.

After submitting all the necessary documents, within 10 days you should receive a letter from the mayor's office confirming the conclusion of your civil marriage, which will contain a marriage certificate.

After receiving a marriage certificate, a foreign citizen who does not have a residence permit in Spain has the right to apply for a residence permit (tarjeta de residencia), which is issued for a period of 5 years.

The request for a residence permit is submitted to the Department for Work with Foreign Citizens (Extranjería).

This is usually how it all starts. Hot Spanish days and nights, sudden acquaintance, a mysterious interweaving of destinies, romantic anticipation of calls, wringing out pillows from inconsolable night tears, the first timid confessions, a whirlwind romance, and, finally, the apotheosis - a marriage proposal, as well as movable and immovable property. The language barrier has fallen under the weight of great love, the future is illuminated with a pink haze, and happy family evenings are already being discussed, surrounded by long-awaited offspring - the flowers of life in the garden of international marriage in Spain.

It makes my soul happy to write about such wonderful moments of Russian-Spanish relations, but our article, unfortunately, is not entirely about that. And about what awaits the sweet couple who decide to register their marriage in Spain.
The lovers' heads begin to spin, but not from love, but from the abundance of all kinds of obstacles separating the lovebirds from the cozy family nest and leading them down the wrong path of Spanish democracy, in comparison with which the domestic bureaucracy will seem like a picnic on the lawn. The process of collecting documents for marriage in Spain can put a spoke in the wheels of even the most nimble of our compatriots.

Having marched to the nearest registry office and become the happy owner of an alarmingly large list of documents required to register a marriage in Spain, you discover that:

  1. The name of many of them doesn't tell you anything.
  2. It turns out that some of them need to be requested from Russia, and you don’t know how to do this.
  3. And finally, the worst thing: your friend Masha is powerless to help you, because her list of documents for marriage in Spain was much shorter.

And all because each local registry office has its own version of the list of documents for marriage in Spain. And this Spanish meanness makes life much more difficult for Russian brides.

So, if your decision to get married is still unshakable, we present to your attention the nine circles of hell, oh, that is, the complete list of documents required for the official registration of marriage in Spain:

  1. Certificado de nacimiento (birth certificate)*. For Russian citizens, documents issued by civil registry offices do not need to be apostilled, according to the Soviet (Russian)-Spanish agreement on the mutual recognition of civil registry office documents without legalization (exchange of notes between the Spanish Ministry of Foreign Affairs and the USSR Embassy in Madrid in 1984)
  2. Certificado de estado civil (certificate of marital status)*.
    Divorced people must submit a divorce certificate, and widowers must submit a certificate of previous marriage and a death certificate of the spouse.
  3. Certificado de empadronamiento (certificate of residence)* for the last 2 years. If the bride has been registered in Russia for the last two years, then such a document is taken from the housing office; if in Spain, then the certificate must be requested from Ayuntamiento (municipality).
  4. Photocopy of foreign passport and resident card. By the way, it is not at all necessary to have the latest document; you can marry a Spanish citizen even if you are in an illegal situation. So, if your visa is inexorably coming to an end, do not rush to put a knife to the throat of an innocent employee of the Spanish registry office.
  5. A document with the indecently incomprehensible name Сertificado de Buena Conducta*.
    This is nothing more than a police clearance certificate with an apostille.
  6. With ertificado de inscripción consular (certificate of consular registration)*.
  7. Certificado sobre la necesidad de publicación de edictos* (is it necessary to announce the wedding in the bride’s home country).
  8. Certificado que acredite la capacidad para contraer matrimonio* (certificate confirming the ability to marry).
  9. Internal civil passport of the bride.

*Attention! All these documents must be accompanied by an officially certified translation.

In addition, when submitting documents, future spouses must be accompanied by witnesses (but not relatives!) These lords, to whom you have probably buzzed every ear, telling about your unearthly mutual love, are authorized to confirm your firm and sincere intention to get married in Spain.
There is another delicate moment when concluding a marriage. Due to the increased number of fictitious marriages in Spain, cunningly concluded in order to obtain a permanent residence permit in this honey-smeared country, local registry offices decided to conduct separate interviews with the bride and groom. During the interview, lovebirds may be asked to clarify the details of their acquaintance, each other's biographies, habits, hobbies, etc. A discrepancy in answers may result in refusal to register a marriage in Spain.

And if this suddenly happens, you must demand a written refusal, which the registry office must give you. The reason for the negative decision must be indicated there. Most likely, it will turn out that some paper is simply missing, or the translation of documents was done by a translator who is not accredited by the consulate... The right to register a marriage in Spain is one of the basic constitutional rights; serious reasons are needed for refusal.

So, if you have devoted weeks of hard work to preparing for an interview and collecting endless documents, and your precious groom still managed to forget the name of his future mother-in-law, do not despair, but contact the Center for Services for Business and Life in Spain “Spain in Russian” " Our company’s employees will help you navigate the sea of ​​papers, certificates, stamps and “swim out” to the long-awaited registration of your relationship.

But, unfortunately, only in fairy tales do frogs receive the kiss of a handsome prince, then turn into princesses and strive to jump out in marriage, and after the wedding, all life’s obstacles disappear as if by magic. In our mundane reality, after collecting documents and registering a marriage in Spain, everything is just beginning.
After all, after the long-awaited ceremony, the happy wife will face the second stage of the race to collect documents - acquiring resident status.

Marriage in Spain

Main menu " Marriage in Spain

In accordance with Spanish law for the conclusion marriage in Spain you must contact the registration authority at the place of residence of one of the future spouses and provide a certain set of documents: a birth certificate, information about registration for the last two years, a divorce certificate if you were already married, or information that you are a widower. If one of the future spouses is a foreigner, you need to provide some additional documents. First of all, a certificate from the consulate of your country stating that the civil status of the person entering into marriage allows you to do so. In Russia there is no database of unmarried persons, but based on the Russian passport data, the consulate confirms that you are not married and there are no obstacles to doing so. If the marriage being concluded is not the first, you must provide a divorce certificate translated by an official translator, as well as confirmation from the consulate that the state registration authorities, when issuing a divorce certificate, confiscate the divorce certificate. marriage(in general order for conclusion marriage in Spain Both IDs must be provided). In some cases, depending on the region, proof of citizenship is also requested.

To submit the above documents to the registration authority, you need to come with one witness. After a certain period of time (in Madrid - exactly 2 months), a judge’s permission to marry is issued. To make this decision, in some cases a test is carried out in the form of a personal interview in order to confirm the absence of deception on the part of those entering into marriage.

With the permission received, the future spouses are sent to the registry office or the mayor's office to set a wedding day. In this case, unlike the submission of documents, which must be done strictly at the place of registration, the marriage can be carried out in any locality in Spain (this may be of interest primarily to those living in large cities like Madrid, where the queues at the registry office for marriage can reach 8 months).

After receiving a marriage certificate (from the registration office at the place where it was concluded), the foreign spouse requests an identity card with the right to work and reside. This card is issued for 5 years. Moreover, with the latest changes in legislation, in order to obtain this certificate, it is now necessary to provide documents on the spouse’s solvency (a prerequisite is having a job). In the absence of evidence that the Spaniard will be able to support his spouse, the migration service may refuse to issue a residence and work permit to the foreigner’s spouse.

Spanish civil law also provides a foreign spouse with the opportunity to obtain Spanish citizenship after a year of residence from the date of receipt of the foreigner's certificate (see Spanish citizenship as a result of marriage for more details).

In addition to the traditional marriage in Spain it is possible to register a couple (“civil marriage” – pareja de hecho) in a special register of couples. This procedure for a foreigner has the same legal consequences as a traditional marriage, except for the possibility of accelerated acquisition of citizenship.

www.abogadoruso.com

Marriage in Spain between residents and non-residents

Marriage in Spain can be concluded between residents (and/or citizens) of the country and non-residents.

Mandatory conditions for marriage in Spain

If you are planning to register a marriage in Spain, the first thing you need to consider is the timing. Consideration of your application may take from six months to a year, depending on the circumstances. The second important point is to find out whether the Spanish registry office will be authorized to register your marriage in Spain. Let's look at this in more detail.

A marriage in Spain between foreign citizens can be registered only if at least one of the parties to the marriage has lived in Spain for at least 2 years (confirmed by an extract from the place of residence).

Even Spaniards who are citizens of the country are required to submit documents reflecting the period of their residence in the country over the last 2 years.

If the period of residence of the spouses in Spain is less than 2 years, and they are not legal residents, they will be denied marriage registration.

Documents for marriage in Spain

The list of documents required to register a marriage in Spain differs for citizens of the country and for foreigners.

Spanish citizens must present a document confirming their marital status, indicating their civil status: divorced or unmarried. If a Spanish citizen's divorce was filed outside of Spain, then before entering into a new marriage, he must undergo an exequatur procedure (execution of a court decision made by a judicial authority of another state). It is carried out in a civil court at the place of residence of the divorced person.

For foreigners who are divorced, it is necessary to present a divorce decree or a certificate of divorce, as well as a document issued by the consulate of their country in Spain, which states that the person did not remarry after the divorce.

A divorce certificate or a divorce decree issued by a Spanish citizen outside Spain must be apostilled in accordance with the provisions of the 1961 Hague Convention.

Russian citizens are exempt from such legalization due to a bilateral agreement signed between Spain and the Russian Federation in 1990.

In some cases, you may be required to provide a document stating that you can get married (this primarily applies to foreign citizens). Your consulate can prepare this type of document for you.

In certain cases, the Spanish registry office will require you to publish the intention to marry through an edict, or to provide a certificate stating that your country does not legally provide for the publication of announcements (edicts) about marriage in Spain (such a certificate is requested at the consulate general of a foreign citizen).

The same situation may arise for a Spaniard getting married if registration is planned in a locality where fewer than 25,000 people live. The mayor's office at the place of residence of the person entering into marriage will have to publish his intention within 15 days. If more than 25,000 people live in a locality, it will be enough to bring two witnesses who will confirm the intentions of both citizens to marry.

If you plan to marry between a resident and a non-resident of Spain, the list of required documents will remain virtually unchanged. But this situation has its pitfalls. The resident is exempt from the need to pre-publicate his intentions. But at the same time, the Spanish registry office will send a non-resident foreigner getting married to the national police to check his documents, where, in addition to checking, he may be subject to sanctions in the form of deportation or a fine for illegal stay in the country. Unfortunately, this happens everywhere in Alicante, Torrevieja and Elche.

From 2017, marriages in Spain can be registered through a notary, while the list of documents will remain the same as when concluding a marriage in the registry office.

In some cases, it is better to register a marriage outside of Spain or at the consular departments. Many consulates, for example in Kazakhstan, allow you to sign in the presence of a consul, who certifies the marriage and signs the marriage certificate. The Russian consulate, unfortunately, does not have such powers.

Marriage in Spain by proxy

It is possible to register a marriage in Spain by power of attorney. For example, a Russian citizen has the right to issue a special power of attorney to a proxy with the authority to enter into marriage on her behalf with a certain person in Spain without the need for her to personally travel outside of Russia. In this case, all documents must be submitted to the Spanish registry office in the general manner.

Marriage in Spain with British citizens

People who marry or have already married English citizens after the Brexit referendum has taken place are in the interim period. This interim period is that until bilateral agreements are reached between England and the Kingdom of Spain, everyone will be in somewhat of a limbo. However, residences for spouses of English citizens are still given under the European Community regime (Tarjeta comunitaria) and previously received residences are renewed for permanent ones for a period of 10 years.

When you make a decision with your bride and groom about getting married, think about where it would be better and easier for you to do it. Take into account all the nuances that I indicated. It may be easier for you to resolve this issue by going to Russia and signing at the registry office at your place of Russian residence; It may be a convenient option to register your marriage at the consulate of your country, if such powers are given to your consul; or, finally, the optimal solution would be to issue a power of attorney for marriage in Spain without having to take on the risks of illegal stay.

Same-sex, civil and church marriages in Spain

Same-sex marriage has been legal in Spain since 2005. There is no discrimination against same-sex couples; the requirements and list of documents are identical to those above.

You can also register a civil marriage, which is registered at the place of residence of both partners or one of them. And in this case, the list of required documents does not change.

And finally, you can register your marriage in Spain through the Catholic Church. In this case, you will need to convert to the Catholic faith.

If you have any questions, please ask them in the comments.

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sydorenkolawyers.com

Embassy of the Russian Federation in the Kingdom of Spain

Consulate

Marriage registration

In accordance with Article 157 of the Family Code of the Russian Federation, “marriages between citizens of the Russian Federation, living outside the territory of the Russian Federation, are concluded in diplomatic missions or consular offices of the Russian Federation.

Registration of marriage is carried out in the personal presence of persons entering into marriage by their mutual voluntary consent after the expiration of a month from the date of their submission of a joint application. The consular department registers marriages only in cases where both applicants are citizens of Russia and at least one of those entering into marriage lives in Spain, i.e. has a valid temporary/permanent residence permit (tarjeta de residencia).

For state registration of marriage, the applicant personally submits the following documents to the consular office:

1) A joint application for marriage in writing (Form 7, approved by Decree of the Government of the Russian Federation of October 31, 1998 N 1274 “On approval of application forms for state registration of acts of civil status, certificates and other documents confirming state registration of acts of civil status” ).

2) Documents identifying the citizens entering into marriage.

3) A document confirming the termination of a previous marriage (if the person(s) was previously married).

4) Permission to marry before reaching marriageable age, if the person(s) entering into marriage is a minor.

Persons getting married sign a joint application for marriage and indicate the date of its preparation. The cost of registering a marriage and issuing a marriage certificate is 28 euros.

Documents issued by the competent authorities of foreign states and presented for state registration of acts of civil status must be legalized (with the exception of Spanish documents), unless otherwise established by an international treaty of the Russian Federation, and translated into Russian. The accuracy of the translation must be notarized.

State registration of marriage is carried out after a month from the date of submission of all properly executed documents to the consular office. Persons who have entered into a marriage are issued an appropriate Russian-style certificate.

Upon a joint application of persons entering into marriage, the period specified in paragraph 18 of the Administrative Regulations may be changed by the head of the consular office if there are valid reasons. The period can be reduced (marriage is concluded before the end of the month), and also increased, but not more than a month. If there are special circumstances (pregnancy, birth of a child, immediate threat to the life of one of the parties and other special circumstances), the marriage can be concluded on the day the application is submitted.

Registration of a marriage between a Russian citizen and a foreigner is not carried out at the consular department of the Russian Embassy in Madrid.

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The procedure for getting married in Spain

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Marriage to a Spaniard is not only the joy of reuniting with your loved one, but also a lot of work in collecting and preparing a package of documents. Moreover, all these formalities often take a lot of time.

You can reduce your ordeal if you find out in advance what documents you will need.

On the part of a foreigner, for the procedure for officially registering a marriage, Spanish government authorities will require the following set of certificates and documents:

- original birth certificate;

- a certificate of marital status received from the consulate;

- a certificate stating that none of the prospective spouses published an edict, that is, did not announce an upcoming marriage to a third party;

- a document confirming your place of permanent residence for the last two years (you can obtain it from the consulate or local municipality);

All listed documents must be translated into Spanish, and this must be a notarized translation, which is confirmed by an authorized consulate employee or an accredited translator. Citizens of Russia do not have to affix an apostille on forms, because Russia, along with Spain, is a party to the Hague Agreement.

Before getting married in Spain, a Spanish citizen must prepare:

- birth certificate,

- certificate of marital status,

— documentary proof of place of residence (registration)

2. An even more exciting moment in mixed marriages is the birth of a child.

Registration of children in mixed marriages also involves resolving the issue of citizenship of newborns. If the child is a Russian citizen living in Spain, then the parents must present it to the Russian consular office

- original birth certificate of the baby,

— document proving the identity of a Russian citizen, a written statement from a Spanish citizen, which clearly states consent to assign Russian citizenship to the child or children,

- information about children’s registration,

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  • Many citizens of Russia and Ukraine want to marry Spaniards. Over the past eight years, more than twelve thousand citizens of the above states have been able to get married. This does not include women from other countries of the USSR. Many of the fair sex like Spanish men, so the guys are waiting for their chance and looking after brides from Russia and Ukraine. They believe that girls from these countries are the most beautiful.

    Now let's look at a few important points about marrying a Spanish citizen.

    Marrying a Spaniard: What to Consider?

    Place of the union

    You can get married both in Spain and the Russian Federation. If you live in Spain, then, of course, it is wiser to get married in this country, otherwise you will need to have your marriage certified and registered in Spain. If you enter into a union in this country, it will be easier for you when you need certificates confirming your marriage. They are periodically requested by various authorities.

    Applicable Law

    The laws of the country in which you are getting married are applicable to the details of concluding a union, as well as to the process itself. Note that if a married couple lives in Spain, although the marriage took place in Russia, then Spanish law will still apply (that is, at the place of residence of the spouses).

    Marriage: forms

    There are two forms of registration in this country:

    • Religious marriage.
    • Civil marriage.

    A religious marriage takes place in a church according to rites that are approved in Spain. Of course, this form of marriage, of course, cannot be done without a registration with the registry office.

    In the second case, the young people give consent only in the registry office in front of a respected official who is entrusted with the proper functions.

    Documents required for the conclusion

    It is not necessary for the bride to be legally present in that state.

    It is necessary that the bride or groom have a residence permit in the municipal district where you want to get married. You usually have to wait in line to submit documents asking for marriage. The length of the queue depends on the size of the municipality itself. The list of documents varies from municipality to autonomous region.

    As a rule, only two documents are needed to register marriages:

    • international passport + copy of document
    • birth certificate + translation (official) of the document into the local language.

    Please note that neither legalization nor an apostille is required for documents (marriage certificate, death certificate, etc.) that were issued on the territory of the Russian Federation, in accordance with the agreement signed between these countries (Spain and Russia). Let us note that some illiterate civil registry office employees require legalization.

    If the translation is made in the Russian Federation, then it must be submitted to the Spanish Consulate, where the document will be certified for you. If you want to get married in this country, we recommend making a translation (official) at the above-mentioned Consulate, or with an official translator in Spain.

    If the birth certificate is still old (that is, in the form of a book), then be sure to make a copy certified by a notary, since the originals will be taken away when submitting the document.

    Interview

    If one of those who wants to get married is a foreign citizen, then after studying the documents of the future bride and groom, they are invited to a special interview. During this conversation, registry staff are required to find out how well the future husband and wife know each other (address, how they met, how long they have known each other, etc.). The interview is necessary to find out that the purpose of marriage is the creation of a family union, and not material gain and so on.

    If the official reviewing your documents still has a lot of questions about the future of the union and the purpose of its conclusion, then you may be denied registration of the union. Of course, the refusal must be reasoned, that is, have specific reasons. For example, a girl says that she communicates with her groom in English, but he declares that he does not know any foreign languages. But, as a rule, those who want to get married know enough about their partner that they can easily pass the interview. By the way, the refusal of the Spanish authorities can be appealed within the specified period.

    Marriage

    After reviewing the documents, you must say the date on which the marriage will be scheduled. During the ceremony, the newlyweds must express their consent to the creation of a family union in the presence of two witnesses and, of course, an official. After which a proper entry will be made in the civil status book.



    Rights after marriage

    Husband and wife have the same duties and rights. They must respect each other, help, act in common interests. Spouses are required to live together. In addition, they must remain faithful to their husband (or wife). According to the civil code of this country, spouses must share responsibilities at home, as well as caring for relatives and people who are dependent on them.

    Property rights of spouses

    The Civil Code of this country provides for several regimes of matrimonial property:

    • separate property regime;
    • share of participation in each other's property;
    • joint property regime.

    If the general regime established by the Civil Code is applied, then joint property dominates. It applies unless the husband and wife have chosen a different regime. By the way, you can draw up a marriage agreement with a notary. This document will govern the relations of your union.

    Please note that before getting married, you need to find out what the prevailing regime is in the county where your future spouse lives. For example, some apply a separate ownership regime, while others have some of their own peculiarities.

    Features of each mode

    Joint ownership:

    • Property acquired during marriage, starting from the first day or from the day of signing the (marriage) agreement that provides for this regime, is joint.
    • If you file for divorce, an inventory of all your property is taken and then divided between two.
    • The property that a husband and wife acquired during marriage includes money from each of them from labor, commercial and other activities, as well as from gambling. In addition, movable and immovable things acquired for common finances are also common property, and it does not matter in whose name this or that purchase is recorded.

    Documents for marriage in Spain include quite a lot of certificates, the preparation of which will take quite some time. Therefore, it is better to find out all the nuances in advance to avoid misunderstandings later. To collect the entire package of documents for marriage in Spain, you will need to contact the consulate of the Russian Federation, a notary and the local municipality. The documents provided by a Spanish citizen differ from those that will be requested from a Russian citizen, and the rules for issuing them may differ from those that are familiar to us.

    Documents required for marriage

    Documents for registering a marriage in Spain that will be required from a Russian citizen:

    • Certificate of residence;
    • Certificate of marital status. You may also need a divorce certificate issued in Russia, apostilled and translated into Spanish;
    • Birth certificate, apostilled and translated into Spanish;
    • Document on the absence of edicts.

    Such a document for marriage with a Spaniard, such as a certificate of residence, is issued in the local municipality if you have lived in Spain for more than two years, if less than two years - at the Russian consulate in Spain. The best option would be to register in Spain, even if it is a tourist visa. There is no special bureaucracy in this procedure; all you need is a passport. A marriage certificate is issued at the consulate; the necessary documents are a passport of a citizen of the Russian Federation and a written application. It is better to provide certificates not in the original, but to make a notarized copy. In Spain, certificates have a so-called “expiration date”, so the originals can be obtained at any time. However, in Russia such documents are issued once and it is not recommended to give the original. The list of documents for marriage in Spain includes a document about the absence of edicts. In Spain, it is customary to publish information about all couples planning to get married. From their point of view, this is necessary for any citizen to file a protest, as a result of which the marriage cannot take place. The document stating the absence of edicts indicates that the citizen did not intend to tie the knot with another person. Documents for marriage in Spain, which will be asked from their citizen - registration, birth certificate and marriage certificate.

    Marriage procedure in Spain

    When all the documents are collected, marrying a Spaniard is quite simple. There is one simple condition: the presence of witnesses. This is necessary for the same purposes as in Russia, but they cannot be immediate relatives. The waiting period may seem specific - from two to four months from the date of submission of documents. After the wedding has taken place, the newlyweds are given a marriage certificate, on the basis of which documents are submitted for family reunification, and subsequently a residence permit is issued. An unpleasant moment may be checking whether the marriage is fictitious. It includes an interview, which the spouses undergo separately. Questions are asked about habits, biographical facts, acquaintances, etc.