If you are considering getting married in Spain, here we explain how to get married at a notary in Spain complete guide.
Until very recently, the marriage proceedings had to be initiated at the Civil Registry of the residence of one of the spouses, or both if they lived at the same address.
Due to the heavy workload of most Civil Registries in Spain, it was common to encounter delays with overwhelmed registries that took several months to process such proceedings. This led many couples to consider either registering as domestic partners or simply not marrying due to the bureaucratic process involved.
In Spain it is now possible to marry at a notary without the need to visit or carry out any procedures at the Civil Registry and this guide explains how to initiate the marriage proceedings at a notary.
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How to get married at a notary in Spain complete guide.
- GETTING MARRIED IN SPAIN »
- INITIATING THE MARRIAGE PROCEEDINGS BEFORE A NOTARY »
- DOCUMENTATION FOR MARRIAGE AT A NOTARY »
- GETTING MARRIED AT A NOTARY »
- ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- SCHEDULE AN APPOINTMENT WITH A SOLICITOR »
GETTING MARRIED IN SPAIN:
Before getting married at a notary was possible, getting married was a long process with requirement to produce all the necessary documentation and present them to the Civil Registry corresponding to the applicants residence, and this took a lot of time to carry out.
There was a requirement to reduce this time required in the process to marry, and reduce the workload of the Civil Registry.
This caused a change in the legal process which allowed these marriage proceedings to be carried out directly at the notary and means that the process to marry in Spain is now much faster and earier than before.
INITIATING THE MARRIAGE PROCEEDINGS AT A NOTARY:
The Covid-19 crisis revealed deficiencies in the Administration and how dependent the system was on face-to-face appointments.
Due to the months of lockdown and restrictions, the number of couples deciding to marry decreased significantly, and although we do not have official figures, many sectors report a sharp decline.
Therefore, with the possibility of initiating the marriage proceedings at a notary, bringing all the documentation there and marrying in just two weeks could provide a boost for these types of proceedings.
DOCUMENTATION FOR MARRIAGE AT A NOTARY:
What documentation do I need to bring to marry at a notary? In principle, the documentation you will need includes:
- Identification document of both parties
- Literal birth certificate of each member of the couple
- Historical certificate of residency
- Judicial testimony, the final order approving the marriage proceedings, this can be processed directly by the notary.
If either member of the couple has been previously married, the literal marriage certificate indicating divorce or annulment, or in the case of the other spouse’s death, a death certificate. The divorce certificate does not exist in Spain; you will have to request the marriage certificate, which will show the updated marital status, whether married, separated, divorced, etc. Foreign spouses are required to provide a certificate of single status or marriage capacity issued by their country.
We remind you that if one of the spouses is a foreign citizen, they must also provide a Certificate regarding the need for publication of edicts. This document must be obtained from the Consulate of their country of origin, in Spain.
Likewise, we remind you that all documentation processed abroad must be properly apostilled or legalized, and if necessary, correctly translated by a sworn translator authorized by the Ministry of Foreign Affairs, European Union, and Cooperation.
GETTING MARRIED AT A NOTARY:
Submitting the Marriage Proceedings before a notary
In the first phase we must initiate the actual proceedings, that is, starting with the marriage proceedings.
To do this, we must:
- First, process all the documentation we have mentioned.
- Send a form to the Notary Association of our Autonomous Community to designate a notary.
As we mentioned, once the form with all the data is sent, the Notary Association will assign a notary near our residence. In this first step, it is not possible to freely choose the notary; instead, one will be assigned by the Notary Association.
Once you have the marriage proceedings as such, you can then freely choose a notary and get married.
Keep in mind that each phase will take a specific amount of time depending on the workload of each notary. Another aspect we should highlight is that each notary will establish the cost of each process, meaning that you must pay a fee to initiate the marriage proceedings and an additional fee for the wedding, that is, to say “I do“.
This is a significant advantage for all those who want to marry, as they will be able to complete the process in just a few weeks. This also opens up the possibility for a foreign partner to obtain the Community Card sooner.
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Golden-Visa Spain (Spain citizenship by investment)
- Non-Lucrative visa Spain (Spain visa non lucrative)
- Self-Employed visa Spain (self employed expats in Spain)
- Digital-Nomad visa Spain (remote worker in Spain)
Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
Remember that immigration procedures and immigration regulations change regularly, so it’s crucial to stay updated with the latest information from reliable sources. If you have specific questions or concerns about your situation, it’s advisable to consult with immigration authorities or legal professionals specializing in immigration matters, to do this, please click-here »
DO YOU REQUIRE ASSISTANCE TO APPLY FOR RESIDENCY IN SPAIN?
We are a Spanish Solicitor and assist our clients with all types Spanish legal processes.
Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.
