Did you get married in a foreign country and wish to register the marriage in Spain? This guide will take you through the process, requirements, and important considerations.
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1. Where do you register a foreign marriage in Spain?
The main requirement to register your foreign marriage in the Spanish Civil Registry is that, at least one of the spouses has Spanish nationality.
Please note that if the marriage is not recognised in the country where it took place, it will never be recognised in Spain either. Assuming that the marriage is valid in the country where it took place, it will have full effect.
While registration isn't mandatory, it's strongly recommended to record it in the Spanish Civil Registry.
2. Some consequences of NOT registering a foreign marriage in Spain
If you decide not to register your marriage in Spain, this means that there will be no record of the marriage in Spain and this can have consequences - some serious - in certain circumstances.
Legal and Administrative Issues:
- The marriage lacks official recognition and full civil validity
- Spouses cannot access marriage-related rights, duties, inheritance rights, and tax benefits
- The economic matrimonial regime cannot be properly registered, creating uncertainty about property rights
- There are difficulties accessing benefits tied to marital status, such as widow's pensions, inheritance rights, and spouse's healthcare coverage
Divorce and Separation Complications:
- Legal proceedings for separation, annulment, or divorce become extremely complicated
- Court resolutions regarding these matters cannot be properly registered
- The legal effects of separation or divorce may not be officially recognised
This is based on Spanish law, specifically Article 4 of Civil Registry Law 20/2011, which requires registration of all events and acts related to personal identity and civil status, and Articles 60 and 61 which deal with marriage registration requirements and divorce proceedings respectively.
It is also important to determine the international regulation regarding the applicable Law. This will depend on the nationality of the spouses.
3. Some benefits of registering a foreign marriage in Spain
The benefits of registering a marriage in Spain are effectively the mirror-opposite of the negative consequences of not registering the marriage already stated above.
Perhaps less immediately obvious benefit is that following registration of a marriage in Spain, a couple can benefit from tax deductions in your annual income tax return (IRPF).
Likewise, by registering the marriage in Spain, the foreign spouse can apply for residency in Spain, and he/she may furthermore apply for Spanish nationality.
4. Required Documentation for Marriage Registration
To register your foreign marriage in Spain, you'll need to prepare several documents:
- Original marriage certificate from your country of marriage
- Official Spanish translation of the marriage certificate by a sworn translator
- Both spouses' valid passports or national ID cards
- Birth certificates of both spouses (with official translations if not in Spanish)
- Certificate of registration in the municipal register (padrón)
- Proof of legal residence in Spain (if applicable)
5. The Registration Process Step by Step
- Gather all required documentation
- Make an appointment at your local Civil Registry office
- Submit the documents along with the registration application
- Pay any applicable fees
- Wait for the registration to be processed (timeframes vary by region)
6. Special Cases and Considerations
Religious Marriages
If you had a religious ceremony abroad, you'll need additional documentation proving the religious authority was legally empowered to perform marriages in that country.
Same-Sex Marriages
Spain recognises same-sex marriages performed abroad, provided they were legal in the country where they took place. The registration process is identical to heterosexual marriages.
Proxy Marriages
Spain generally doesn't recognise marriages where one or both parties weren't physically present during the ceremony, with very limited exceptions.
7. Common Questions and Solutions
What if documents are missing?
The Civil Registry might accept alternative documentation in specific cases. Contact them directly to discuss your situation.
Can the process be expedited?
In urgent cases (like pending residency applications), you can request priority processing. You'll need to provide evidence of urgency.
8. After Registration
Once your marriage is registered, you'll receive:
- A Spanish marriage certificate
- Updated family book (libro de familia) if one spouse is Spanish
- Official documentation for use with Spanish authorities
Remember to update your:
- Tax status
- Social security information
- Banking details
- Health insurance coverage
9. Conclusion
Registering your foreign marriage in Spain might seem like a bureaucratic hurdle, but it's a valuable step that protects your rights and opens doors to various benefits. Take your time gathering the correct documentation, and don't hesitate to seek professional help if needed.
Remember that while the process might take some time, the long-term advantages make it worthwhile. From tax benefits to residency rights, proper registration sets you up for a smoother life in Spain.
