It is possible for a Spanish citizen to marry a foreigner in Spain whether the foreigner´s migratory situation be legal or irregular.
However, these types of marriages have specific characteristics. For example, the spouses must have a previous file registered in the system to be able to contract the marriage. This is done so that authorities may determine if both spouses are capable of carrying out the marriage and if both give their consent.
The administrator in charge of carrying out this procedure is the Civil Registry (Registro Civil) of the judicial district corresponding to either spouse´s place of residence. In order to initiate the procedure, both spouses must present a series of documents including birth certificates and proof of housing registrations (empadronamientos).
As soon as the Civil Registry completes the corresponding procedure and observes no major impediments, they will authorize the contraction of marriage.
What are the consequences of a foreigner marrying a Spaniard?
Certain legal and judicial consequences related to marriages in general will apply. Due to the special condition regarding this type of mixed marriage, the Spanish immigration law will provide certain established benefits in favor of the Spaniard´s spouse.
Translated by: Katherine Pascal