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.
Marriage Abroad