Marriage in Spain.
A WEDDING UNDER THE SPANISH SUN: A GUIDE FOR FOREIGNERS
Let's look at what foreigners need to know about marriage in Spain.
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MARRIAGE OR COHABITATION
It's important not to confuse the following:
• Matrimonio (marriage) is an official union that grants inheritance and family rights.
• Pareja de hecho (cohabitation) is a romantic, but legally almost empty, option.
For example: a spouse inherits property, while a cohabiting partner practically does not.
WHAT MARRIAGE GIVES
Real bonuses for foreigners:
• Opportunity to obtain a residence permit for family reasons.
• And if married to a Spaniard, after one year of residency, the right to apply for Spanish citizenship. Marriage recognition in all EU countries.
• Important: In Spain, your surname does not change automatically after marriage.
• We recommend contacting a law firm for assistance with marriage, especially the prenuptial agreement.
• You can also contact our law firm using the phone number in the description of this video, and we will help you with this complex issue.
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WHO CAN GET MARRIED
Spain is hospitable:
Two foreigners (as long as at least one officially resides in the country).
A foreigner and a Spanish citizen.
The most important thing is a connection to the country: residency or citizenship.
WHERE CAN YOU GET MARRIED?
There are many options, each with its own atmosphere: Registro Civil — the official registry office.
Ayuntamiento — the romance of the town hall and ancient halls.
A notary is a fast and modern method (since 2015).
A church is beautiful and formal, but the marriage still needs to be registered at the registry office.
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MATRIMONIAL EXPEDIENTE — A CHECK OF STRENGTH
Before the wedding, you need to undergo an "expediente" — a dossier on the future spouses. This check includes:
• Personalities and marital status,
• The authenticity of the relationship (excluding sham marriages).
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DOCUMENTS FOR FOREIGNERS
Prepare in advance:
• Passport or NIE.
• Birth certificate with apostille + translation.
• Certificate of marital status (soltería/divorcio/viudedad).
• Empadronamiento (residence permit for at least two years).
• Divorce/widowhood documents (if necessary).
• Two witnesses.
• A certificate of consular registration.
FICTIVITY CHECK
You may be called in for an interview separately, or you may question witnesses. The questions can range from when you met to your partner's favorite dish. In Spain, this is taken seriously.
SPUSAL PROPERTY
By default, the sociedad de gananciales (jointly acquired property) system applies. However, if desired, you can draw up a prenuptial agreement and choose a separate property regime.
HOW LONG TO WAIT
Timeframe: 1 to 3 months (sometimes longer if the bureaucracy is in a "mañana" mood).
Results
A wedding in Spain is a marriage of romance and bureaucracy. Yes, you'll have to gather documents and undergo checks. But imagine: in a couple of months, you'll be not only husband and wife, but also an official Spanish family with all the rights and opportunities.
Mikhail Makedonsky.
Lawyer
Legalifasil Lawyers, Alicante - over 30 years of successful
protection of our clients' interests!
DISCLAIMER:
THIS INFORMATION DOES NOT CONSTITUTE LEGAL ADVICE. FOR A DETAILED ANSWER,
OUR LAW FIRM TEAM MUST REVIEW ALL
DOCUMENTS RELEVANT TO YOUR QUESTION AND CONDUCT A LEGAL CONSULTATION.