Getting Married in Spain

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Getting Married in Spain

Both civil and religious marriages are legally recognised in Spain, and a Spanish marriage is legally recognised in most other countries.

In order to marry, both parties must be over the age of 16 and living independently from their parents (individuals between 16 and 18 will need authorisation from their parents or be legally emancipated), unmarried and in fit mental state (if the authorities consider that either of the parties is affected by mental deficiencies, the Civil Register doctor is required to issue a medical opinion declaring that the marrying couple are fit to give their consent).

Note: residency and documentation requirements may vary from locality to locality, therefore it is highly suggested to consult with local officials where the marriage is to take place for requirements well ahead of time.

Civil Marriage 

Marriage Certificate (Certificado de Capacidad Matrimonial)

The process for civil marriage begins with the application for a certificate of permission to marry (Certificado de Capacidad Matrimonial). Couples wishing to marry must apply for this certificate in advance of the wedding. It is issued on condition that the applicants fulfil the legal right to marry. The certificate affords proof of permission to marry.

Application can be made at the Civil Registry (Registro Civil), District Court (Juzgado) or, in some cases, the Town Hall in the place where the marriage is to be held. 

• To find the nearest Civil Registry dial 010 from a Spanish phone (this connects to the local council who can provide details) or Click here

The couple should contact the Civil Registrar to find out exactly what documentation will be required as there are regional variations. Some provinces are stricter than others regarding the laws of residency.

Applicants will usually need to provide the following documents:

• Current valid passport (for non-Spanish applicants) or a DNI identification card for Spanish nationals
• Original birth certificates, with sworn Spanish translation if that is not the original language (traduccion jurada)
• Proof that they are free to marry (Certificado de Capacidad Matrimonial). Provide marriage and divorce, annulment or death certificates of any prior marriage, a Consular office may be able to help with this
• Proof of Spanish residency (residence card)
• Certificate of residence (Certificado de Empadronamiento), proving residence in Spain of at least two years (available from the Town Hall)

Note: All foreign (not Spanish) documents should be translated into Spanish and have an official seal, the Certificate of Apostille of the Hague (apostilla de la Haya). Translated documentation should not be more than three months old.

Approval period

Following the filing of the application there is a posting of Banns (a public declaration of intent to marry) (edictos) to be made at the Town Hall and in the case of a foreigner's application, at their Consular office. After a minimum period of 21 days without contest the marriage can legally proceed.

Note: The time it takes for a marriage application to be processed varies greatly between districts but is a minimum of 30 to 45 days and may be as much as four months. Once approval of eligibility is granted, there may be a further delay before a date is allocated for the marriage.

The Marriage

A civil marriage can be held in the courts, or the Town Hall of residence where it will be performed by the Mayor or a delegated Councillor. 

The marriage is effective immediately following the ceremony. After the wedding, it will be registered in the Civil Registry and a certificate stating the date, time and place of the marriage will be issued. 

A religious ceremony (or blessing) can be held following the civil ceremony if desired.

Church or Religious Marriage

Spanish law recognises Catholic, Protestant, Islamic and Jewish marriages as legal and valid in Spain without the need of a civil marriage taking place prior to the religious marriage. However, the couple must obtain a certificate to marry (as above) before the service can take place, and to be legally recognised the marriage must be registered with the authorities.

In the case of Protestant, Islamic or Jewish unions, in order to be legally recognised, the marriage must be performed by a legally licensed marriage officer and it must still be applied for and registered with the civil authorities as with a civil marriage. The marriage official will be able to advise on this.

The regulations for a religious wedding may vary depending on the religious denomination and the area in which the marriage is to take place.

Foreign Roman Catholics may marry in a Spanish Church provided they have proof of their religious background in the form of certificates of baptism and a letter from the parish priest. The couple should contact their local diocese and the Roman Catholic Church to make the arrangements. This may not be available in all provinces.

Documentation required includes:

• Birth certificate (with Spanish translation if foreign)
• Baptismal certificate issued at most six months prior to the wedding, authenticated by the issuing Bishopric (and translated into Spanish)
• Proof of permission to marry (Certificado de Capacidad Matrimonial)
• A Roman Catholic wedding is seen as a legally binding contract

Marriage Registration

Any marriage, regardless of whether the marriage takes place in a religious or civil service, must be registered within one week of the event with the Civil Registry (Registro Civil) . This is the registration of marriage (Inscripción de Matrimonio). The registration of the marriage can also be used to ensure the partnership is recognised outside Spain. 

If marrying in a religious ceremony, the parties should register the marriage within one week of the ceremony. For those marrying in a Town Hall, the presiding official will register the marriage. For those marrying in a court house, the procedure itself is the registration. A marriage certificate certifying the date, time, place of the marriage and details of the married couple will be issued by the Civil Registry.

Note: Spanish nationals who marry outside of Spain must register their marriage in Spain.

• For information from the Spanish Ministry of Justice on registering a marriage: Click here (in Spanish)

Consular Services

The Consular Offices of most Embassies are able to help their nationals with much of the documentation required in the preparation of a wedding in Spain.

• The Australian Embassy page on marriage in Spain: Click here
• The Embassy of New Zealand page on marriage in Spain: Click here 
• The US Embassy in Barcelona has a page on marriage in Spain: Click here
• The British Embassy has information on marriage in Spain: Click here

Further Information

• See the AngloINFO INFOrmation Page, Same-sex Marriage in Spain

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