Getting Married in Spain: Requirements and Paperwork

🇪🇸 Read the original in Spanish

Taking the step to get married is one of the most important decisions in a person's life, but often the excitement of the wedding runs into the bureaucratic labyrinth of the Spanish administration. Whether it is a civil wedding before a notary, at the Registro Civil (Civil Registry), or a religious ceremony with civil effects, knowing the details of the procedures, deadlines, and necessary paperwork is essential to avoid unexpected delays. In this complete guide prepared by the legal team at AbogadoAI, we explain in a simple and rigorous way everything you need to know to get married in Spain, whether both spouses are Spanish or if one of them (or both) is a foreigner.

The Legal Framework of Marriage in Spain

Marriage in Spain is not just a social act, but a bilateral legal transaction that generates reciprocal rights and duties between the spouses. The regulatory framework governing this bond is mainly based on the Código Civil (Civil Code: Book I, Title IV, "Of marriage"), which has undergone various reforms to adapt to the social reality of our country.

Requirements of Capacity and Consent

For a marriage to be valid in Spain, the requirements of capacity and consent established by the Código Civil must be met:

• Age: Following the reform of Ley 15/2015 de la Jurisdicción Voluntaria (Voluntary Jurisdiction Act), the minimum age to contract marriage in Spain was set at 18 years (or emancipated minors). This eliminated the old possibility of obtaining an age waiver from the age of 14.
• Freedom of State: The prospective spouses cannot be bound by a prior matrimonial bond that has not been legally dissolved through divorce or the death of the spouse.
• Consanguinity: Relatives in a direct line by consanguinity or adoption, and collaterals by consanguinity up to the third degree, cannot marry each other (except with a judicial waiver for the latter case).
• Matrimonial Consent: This is the core element of marriage. Article 45 of the Código Civil establishes that there is no marriage without matrimonial consent. Any defect in consent (coercion, grave fear, or simulation to obtain residency) would determine the nullity of the union.

Gender Perspective and Family Protection

The Spanish legal system ensures the equality of rights and duties of the spouses (established in Article 66 of the Código Civil). Likewise, Spanish legislation, in line with the principles of Ley Orgánica 1/2004, de 28 de diciembre, de Medidas de Protección Integral contra la Violencia de Género (Organic Law on Integrated Protection Measures against Gender Violence), guarantees that matrimonial consent is given under conditions of absolute freedom and equality, criminally punishing forced marriages and protecting victims of any type of coercion within the relationship.

The Prior Matrimonial File: The Mandatory Procedure

Before the celebration of any civil marriage (and even in most religious ones for their subsequent registration), it is mandatory to process the so-called Expediente Matrimonial (Matrimonial File) or Acta de Autorización Matrimonial (Matrimonial Authorization Record).

The purpose of this procedure is to verify that the prospective spouses meet the capacity requirements and that there are no legal impediments (such as bigamy or lack of real consent).

Since the entry into force of the reform of the Ley del Registro Civil (Civil Registry Law), this file can be processed in two ways:

1. Through the Registro Civil of the domicile of either of the prospective spouses (free of charge, but generally slower).
2. Before a Notary (for a fee, but substantially faster). The Colegio Notarial (Notarial Association) will designate a notary in the municipality of residence of the applicants to instruct the record.

Necessary Documentation (Step-by-Step)

The documentation you need to gather varies slightly depending on whether you are a Spanish citizen or a foreigner, but the common base required by the Registro Civil or the Notary is as follows:

Common Documents for Spanish Citizens

1. Documento Nacional de Identidad (DNI) (National Identity Document) in force (original and photocopy).
2. Certificado literal de nacimiento (literal birth certificate), issued by the Registro Civil of your place of birth with a maximum age of 6 months.
3. Certificado de empadronamiento (town-hall registration certificate) of the last two years, issued by the corresponding Town Hall (expires 3 months after its issuance).
4. Fe de vida y estado (certificate of life and marital status), which proves your civil status (single, divorced, or widowed). This is requested at the Registro Civil.

Additional Documents According to Personal Circumstances

• If you are divorced: You must provide the Certificado literal de matrimonio anterior (literal certificate of the previous marriage) with the marginal note of divorce or nullity.
• If you are widowed: You must provide the Certificado literal del matrimonio anterior and the Certificado de defunción (death certificate) of the deceased spouse.

Specific Documents for Foreign Citizens

If one or both of the prospective spouses do not have Spanish nationality, the bureaucracy becomes more demanding. All foreign documents must be legalised or apostilled (Hague Apostille) and, if they are not in Spanish, translated by a Traductor Jurado (Sworn Translator) authorized by the Ministry of Foreign Affairs, European Union and Cooperation of Spain.

1. Passport or NIE (Número de Identidad de Extranjero / Foreigner Identity Number) in force (original and photocopy of all pages).
2. Certificado literal de nacimiento duly apostilled/legalised and translated.
3. Certificado de soltería (certificate of single status) or certificate of matrimonial capacity, issued by the Consulate or Embassy of your country of origin in Spain, or by the competent authority in your country.
4. Certificado de empadronamiento or certificate of residence for the last two years. If the foreigner has resided abroad, they must provide a certificate of residence issued by the consular authority or the country of origin.
5. Certificado de necesidad de publicación de edictos (certificate of the need to publish banns): Some countries require the publication of banns to marry abroad; a consular certificate must be provided indicating whether or not the legislation of their country of origin requires this procedure.

Where and How to Get Married? Celebration Options

Once the matrimonial file is approved, the couple has a period of 1 year to celebrate the wedding. They can choose from several options:

1. In the Registro Civil or Juzgado de Paz

This is a free option. The ceremony is officiated by the Juez de Paz (Justice of the Peace) or the Officer in Charge of the Registro Civil. There is usually a waiting list depending on how busy the municipality is.

2. In the Town Hall

Officiated by the Mayor or the Councillor to whom they delegate. Town halls usually charge a fee for the use of the municipal space and administration, which ranges between 50 € and 300 €, depending on the locality and whether the wedding is celebrated on a weekend.

3. Before a Notary

This is the fastest option. Since 2015, notaries can authorize marriages. The cost of the escritura pública de matrimonio (public deed of marriage) usually ranges between 120 € and 250 €, a fee that may increase if the notary has to travel outside their office or if it is celebrated on a public holiday.

4. Religious Marriage

Spain recognizes the civil effects of marriages celebrated under the rites of the Catholic Church, as well as the evangelical, Jewish, Islamic faiths, and others with cooperation agreements with the State. After the ceremony, the couple must present the religious marriage certificate to the Registro Civil for its registration and to obtain the Libro de Familia (Family Book) or equivalent digital certification.

Deadlines and Financial Costs: Practical Examples

Waiting times and costs vary enormously depending on the chosen route (public or notarial) and the residency status of the prospective spouses.

Average Processing Times

• Public Registro Civil Route: The instruction of the file can take between 3 and 9 months, depending on how busy the court is.
• Notarial Route: The instruction of the prior record is usually resolved within a period of 15 to 45 days.

Practical Examples of Costs and Deadlines

To better understand the economic and temporal impact of these procedures, let us analyze two common scenarios:

#### Example 1: Civil wedding of two Spanish citizens in Madrid via the notarial route

• Carlos and Sofía decide to get married quickly because they are going to buy a house and want to do so already as a married couple under the joint assets regime.
• They opt for the notarial route to speed up the process.
• Documentation expenses: They request their birth and town-hall registration certificates free of charge from the Registro Civil and the Town Hall.
• Notary expenses: The Colegio Notarial assigns them a notary for the prior record. The cost of instructing the record and the subsequent signing of the marriage deed amounts to 180 €.
• Total timeframe: From the moment they present the papers to the notary until they sign the marriage, exactly 28 days elapse.

#### Example 2: Mixed marriage (Spanish and Foreigner) in Barcelona via the public route

• Javier (Spanish) and Elena (Colombian citizen) decide to get married at the Registro Civil of Barcelona.
• Documentation expenses: Elena must request her birth and single status certificates in Colombia, have them apostilled, and send them to Spain by express courier (90 €). Since the documents are in Spanish, she does not require a sworn translation.
• Municipal fee: They decide to hold the ceremony in the Saló de Cent of the Barcelona Town Hall on a Saturday afternoon, which entails a municipal fee of 150 €.
• Total timeframe: As it is a mixed marriage, the Registro Civil schedules a private interview (to rule out a marriage of convenience). The file takes 6 months to be approved, and the wedding date is set for 3 months later. Total waiting time: 9 months.

Common Mistakes You Should Avoid

The matrimonial bureaucracy in Spain can be relentless if mistakes are made during the preparation phase. Avoid these common errors:

• Letting documents expire: Remember that the certificado de empadronamiento expires after 3 months and birth certificates after 6 months (or 3 months if they are foreign, according to the criteria of some registries). If you present an expired paper, the file will be halted immediately.
• Not legalising or apostilling foreign documents: Every document issued outside of Spain must bear the Hague Apostille or legalisation via diplomatic channels. A foreign birth certificate without this stamp has no legal validity in Spain.
• Not planning for the private interview in mixed marriages: If you marry a non-EU citizen, the registrar or notary will subject you to a separate questionnaire to verify the authenticity of the relationship. Failing to prepare for this appointment or showing serious contradictions (such as not knowing your in-laws' names or your partner's birthday) can result in the denial of the marriage.
• Forgetting the matrimonial property regime: In Spain, unless agreed otherwise, marriage is contracted under the joint assets regime of sociedad de gananciales (except in Catalonia and the Balearic Islands, where the separation of property regime applies). If you want a separation of property in common territory, you must execute capitulaciones matrimoniales (prenuptial/postnuptial agreements) before a notary, which has an approximate cost of 60 € to 80 €.

Frequently Asked Questions (FAQ)

Can a foreign tourist without legal residence get married in Spain?

Yes. The right to marry is a fundamental human right recognized by the Spanish Constitution. Legal residence in Spain is not required to be able to contract marriage. A foreigner in an irregular situation can marry a Spaniard or another foreigner, provided they prove their identity (with a valid passport), their civil status, and their address through empadronamiento (which can be done using the passport).

What is the private interview and who has to do it?

It is a mandatory procedure in matrimonial files where one of the spouses is a non-EU foreigner. It consists of an individualized and separate questioning conducted by the official of the Registro Civil or the Notary. The objective is to verify that a true emotional relationship and cohabitation exist, ruling out so-called "marriages of convenience", whose sole purpose is to obtain legal residency or Spanish nationality.

How long does it take to register the marriage after the wedding?

If the marriage is celebrated before a notary or at the town hall, the record or deed must be sent to the Registro Civil for registration. This process usually takes between 15 and 45 days, depending on the workload of the corresponding Registro Civil. Until the marriage is registered, you cannot obtain the marriage certificate that allows you, for example, to apply for the residence card as a family member of a Union citizen for the foreign spouse.

What is the difference between getting married before a Notary and at the Registro Civil?

The main difference lies in speed and cost. The Registro Civil is a completely free public service, but the waiting times are usually several months due to administrative saturation. The Notary charges fees regulated by legal tariff, but in return offers a much faster, more flexible process with personalized attention for the instruction of the file.

In Summary

• Marriage in Spain requires the mandatory processing of a prior matrimonial file or record to verify the capacity of the prospective spouses.
• The legal minimum age to contract marriage in Spain is set at 18 years (or emancipated minors).
• Documents issued abroad must obligatorily be apostilled or legalised and translated into Spanish by an official sworn translator.
• The notarial route allows the file instruction process to be accelerated to a period of between 15 and 45 days, compared to the several months that the public route usually takes.
• Not being in a regular administrative situation in Spain does not prevent contracting marriage, as it is a fundamental right.
• The default matrimonial property regime varies by Autonomous Community: gananciales (joint assets) in most of Spain and separación de bienes (separation of property) in Catalonia and the Balearic Islands.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.