Marriage in Spain
Marriage in Spain is more complicated than in the United States.
Spanish authorities may take 30 to 45 days to approve a marriage application.
Policies and procedures vary from region to region. For example, Spanish law
appears to permit foreigners who are not Spanish legal residents to marry in
Spain. The different autonomous communities in Spain, however, interpret this
law differently. Outside Madrid, it may be required that one party be a citizen
or resident of Spain. For this reason, the Embassy suggests an American consult
beforehand with the regional authorities of the area where the person wants to
marry. In general, legal and valid marriages abroad are also legally valid in
the United States. Should the parties contracting marriage have any questions
about the validity of a marriage performed abroad, they should contact the
Attorney General of the state or states of domicile of the parties.
Civil Marriages
In Madrid, applications for civil marriage are made at the Civil Registry at
Calle Pradillo, 66, 28002 Madrid, Tel. 91-397-3700, Fax: 91-397-3779. Outside of
Madrid, one applies to the District Court of the bride's or groom's residence.
One normally needs the following documents:
- Application form. Available from the Civil Registry or the District
Court.
- Birth certificate. This must be an original document bearing the
Apostille of the Hague (see Mutual Recognition of Documents). In addition, a
translation authenticated by a Spanish consulate in the U.S must be
provided.
- Proof of freedom to marry. For Spaniards, the Civil Registry has a
document for this purpose. Since there is no equivalent document in the
U.S., a sworn statement to the effect that the parties are single and free
to marry, signed before an American Consul can be used.
- Certificate of residence. This document may be obtained at the Junta
Municipal of the Tenencia de Alcaldia in the district of
residence. If an American is not a permanent resident in Spain, he/she can
sign an affidavit before an American Consul indicating his/her place of
residence for the last six years.
- Posting of Banns. The Posting of Banns is a public declaration of
intent to marry. The Embassy or Consulate may issue a letter explaining it
is not required in the U.S.
- Certificate of Consular Inscription. The Embassy or Consulate can
produce this letter once you have registered as a U.S. Citizen in Spain.
- If one party was previously married, he/she must present the
previous marriage certificate and proof the marriage no longer exists (a
divorce decree, an annulment certificate or a death certificate). The
documents must be original, bear the Apostille of the Hague, translated into
Spanish and the translation authenticated.
Spanish law recognizes religious marriages without a second, civil
ceremony. For a religious ceremony, couples first need authorization from the
civil authorities, obtained by presenting the requirements described above. Each
religious denomination may have separate documentary requirements. As most
religious marriages in Spain involve Catholics, the requirements for the
Catholic church are outlined below.
A Catholic ceremony involving a foreigner requires the Bishopric's permission
(in Madrid: Calle Bailen, 8; Tel. 91-454-6400). Obtaining permission for a
Catholic marriage takes from one to three weeks. The following documents are
required:
- Birth Certificate. It must be translated and the translation
authenticated.
- Baptismal Certificate. It must have been issued no more than
six months prior to the wedding and authenticated by the Bishopric
of issuance. It must be translated and the translation authenticated.
- Proof that Both Parties are Free to Marry. For Americans this
consists of a sworn statement by the parents of the party stating he/she has
never been married, witnessed by the parish priest. One should note
that a statement made by the party him/herself, while acceptable to the
Civil authorities, is not acceptable to the Bishopric in Madrid. The Church
insists on a statement by the parents. The Bishopric of the parents'
place of residence must authorize and seal the statement.
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