Who is required to register their marriage in Spain?
You have to register your marriage in Spain when the marriage was celebrated abroad, between a Spanish citizen and a foreigner, two Spanish citizens or if you acquired the Spanish nationality. In such cases it is mandatory to register the marriage in Spain regardless of the residency place of the couple when the marriage took place.
It is very important to mention the mandatory state for those who were naturalized Spanish or obtained the Spanish nationality through other procedures. Even if the marriage took place before the person would have obtained the Spanish nationality it is compulsory to register the marriage (and births of children if any). It is recommended to proceed to the registration as soon as possible provided that Spanish citizens’ spouses can apply for the Spanish nationality after 1 year after the registration of the marriage and having one year of residency in Spain.
The marriage registration can take months, depending on the Civil Registry’s work load, which is why it is recommendable to register the marriage soon after it takes place (in Spain or abroad).
Where should the foreign marriage be registered in Spain?
The Central Civil Registry located in Madrid city is the competent institution in charge of the registration of the marriages held abroad. If the applicant does not have his residence registered in Madrid, it can be applied for in the place of current residence. However, the local Civil Registry will send it to the Central Civil Registry in Madrid which will make the process even longer, which is why it is recommendable to apply for it in Madrid to the Central Civil Registry.
The applicants’ physical presence is not required in Madrid if they chose to carry the process out through a lawyer as their legal representative.
If the applicants do not live in Spain the marriage registration must be applied for at the Spanish Consulate designated to their place of residency.
What are the requirements to register the marriage in Spain?
- to have gotten married abroad
- to be registered as living in Spain. At least one of the spouses must be registered at the local council to the civil census.
What are the necessary documents to apply for the marriage registration?
- marriage certificate issued by the local foreign Civil Registry or religious marriage certification dully legalised or apostilled and translated by a Spanish translator registered in Spain.
- literal birth certificate of the Spanish spouse issued by the Spanish Civil Registry (applies to Spanish naturalized applicants as well).
- birth certificate of the foreign spouse dully legalised or apostilled and translated by a Spanish translator registered in Spain.
- birth certificates of common children if any (dully legalised or apostilled and translated by a Spanish translator registered in Spain in case the births certificates are not Spanish).
- Spanish spouse’s national I.D. card.
- passport and N.I.E. card of the foreign spouse in case they possess one.
- joint civil census registration.
- application filled out and signed.
- data form dully filled out.
How long does the registration take?
The law does not establish a legal term for it but surely the applications made at the Central Civil Registry (the institution in charge of the registration) it will be faster. The average time of response for the registrations carried out by our firm is four months. Nonetheless the response time may vary depending on multiple external factors.
Send us an email at info@sternaabogados.com, call us at 0034911270920 or book a consultation with us.