Marriage by a notary in Spain has become an increasingly popular option for foreign couples wishing to marry in Spain. It is a relatively simple and efficient process that offers many advantages. In this article, we will provide you with all the information you need to understand this procedure and carry out your marriage by a notary in Spain successfully.
What is required to get married by notary in Spain as a foreigner?
Here are the steps you need to follow and the requirements for getting married before a notary in Spain as a foreigner:
- First, you must request formal authorization from the notary association to appoint a notary.
- Once you have completed this step, a notary will be assigned to you to proceed with the marriage process.
- Next, you will need to prepare the necessary documentation to submit to the assigned notary.
- Once you have gathered all the required documents, the process of instructing the marriage file will begin. The notary will review all the documentation provided, and may request an interview with the couple wishing to marry.
- After verifying that the documentation is correct, the notary will issue a Certificate of Marriage Capacity.
- Once the couple has the Certificate of Marriage Capacity, they can choose the notary they prefer.
- Finally, once the chosen notary has been selected, the marriage can take place. After the marriage ceremony, it will be registered in the Civil Registry, and the couple will be provided with the family book and the marriage certificate.
Can I have a marriage interview to get married by notary in Spain?
As for the interview for marriage before a notary in Spain, it is common in cases where the couple has different nationalities or significant age differences. However, in the case of marriage before a notary, interviews are standard procedure to ensure the authenticity of the marriage and to prevent fraud.
Here are some common questions asked during these interviews:
- Your hobbies and those of your partner
- What is your nationality? And that of your partner?
- Full name, address, and telephone number of your partner
- What is your favorite food? And that of your partner?
- Does your partner have siblings?
- What are the names of your partner’s siblings?
- When did you decide to get married?
- What was your marital status before meeting your partner?
- Have you been married before?
- When did you meet?
- When did you start your relationship?
- Do you have children together?
- Do you or your partner have children from previous relationships?
- Have you visited your partner’s country?
- How many times have you visited?
What documents are needed to get married by a notary in Spain?
Before listing the documents you need to get married by a notary, you should know that all the documents you submit must be up to date, with a maximum of six months before the date of the marriage application. Also, all documents must be original and translated into Spanish.
Here are the documents you need to get married before a notary in Spain:
- DNI (for foreigners), Passport, or NIE for each individual.
- Birth certificate for each individual.
- If either party has been previously married, you need to present the certificate of the dissolved previous marriage due to divorce or annulment.
- If either party has been previously married and their spouse passed away, you need to present the marriage certificate and the death certificate of the deceased spouse.
- Certificate of registration at the municipality for both parties.
- Identification documents of witnesses.
- Testimony or electronic copy of a judicial resolution granting a dispensation from impediments, if applicable.
- Identification data of any common children from previous marriages, if applicable.
- Public deed of power of attorney in case of marriage by proxy.
- Medical opinion on the ability to give consent, in case either party has health conditions that may raise doubts about their ability to consent to marriage.
Advantages of Getting Married Before a Notary
If you’re wondering why it’s advisable to get married before a notary, here’s why:
- One of the main advantages of getting married before a notary is that it’s faster to schedule an appointment with a notary than with the town hall or registry office. This means you can get married sooner and schedule the day and time that suits you best with the notary.
- The second advantage of getting married before a notary is that you can agree on the location where the wedding will take place with the notary, although the notary is not obligated to do so, and if they do, it may involve an additional cost.
- The notary takes care of all the paperwork, so the waiting times are considerably shortened. If you choose to have marital agreements (prenuptial agreements), they can be made at the time of marriage.
- Furthermore, getting married before a notary is the best option if one of the two individuals is Spanish or European to access family reunification (family roots or community family).
How to Choose Witnesses for a Marriage Before a Notary?
You should know that whether you get married in a court, town hall, or before a notary, the Civil Code requires that there be two witnesses present at the ceremony, and they must sign the marriage certificate.
The witnesses must meet certain requirements, mainly being of legal age and literate, as they will have to sign the marriage certificate. These requirements are necessary because witnesses play a crucial role in validating the marriage and confirming that the parties come freely.
Can a family member be a witness?
Yes, witnesses can be family members, friends, or even strangers, as the law does not impose any limits. You can take advantage of this opportunity to have someone very close to you witness your wedding.
Can the witnesses at the wedding be foreigners?
Yes, but they must have legal residency in Spain and must provide their Foreigner Identity Card (TIE) to confirm their legal status in Spain. They also need to be proficient in the Spanish language.
In summary, getting married before a notary in Spain is an accessible and efficient option for foreign couples who wish to marry and start their lives in Spain. Through a simplified process and clear requirements, you can make your dream of getting married in Spain a reality without unnecessary complications.
If you are considering getting married in Spain, be sure to research and comply with all legal requirements and necessary documentation. A professional notary can guide you through this process, ensuring that each step is completed smoothly.
Frequently Asked Questions about Marriage by Notary in Spain
Here are the most common doubts and questions our readers usually have regarding the marriage process by notary, we’ll address them here:
Can I choose the notary for my marriage process?
No, the notary assigned by the Notarial College will handle your MARRIAGE FILE.
How long does it take to process a marriage file?
The process varies depending on the documentation and complexity. The notary will establish deadlines based on your needs.
Can I proceed with the procedure if I am a foreigner?
Yes, as long as one of the parties is registered in the corresponding community. The notary will manage the necessary documentation.
What is the cost of the marriage file?
The price of the CERTIFICATE varies depending on the required documentation. The notary will inform you about the specific cost for your case.
Do I have to marry with the same notary who processed my marriage file?
No, after obtaining the document, you can marry with any notary or other competent authority.
Can I process the marriage file in any autonomous community?
No, only in the autonomous community of residence of one of the parties.
Can I marry in any autonomous community after the process?
Yes, you can marry in any autonomous community with the CERTIFICATE from the MARRIAGE FILE.
Do I have to pay two notaries if I process with one and marry with another?
Yes, they are two separate documents and both have an associated cost.
How long do I have to marry after obtaining the marriage file?
The notarial certificate allows you to marry within a year from the testimony of the witnesses, six months for canonical marriage.
Can I use the marriage file to marry abroad?
Yes, in that case, the notary will provide you with the corresponding certificate.
Marta Palacios Cuesta is the founder and principal consultant of Es Abogado Extranjería, a law firm specializing in immigration law in Madrid and Seville. With an impressive academic background, Marta offers expert advice on immigration procedures, residency processes and obtaining Spanish nationality. Committed to providing personalized and up-to-date solutions, her firm stands out for its detailed and professional approach. If you need legal guidance regarding your status in Spain, contact Marta for a personalized consultation at Es Abogado Extranjería.