Marriage by proxy in Spain is when two foreign individuals who are in different locations decide to marry each other remotely.
Most of the time, in a marriage by proxy, one spouse is in Spain while the other is elsewhere.
This type of marriage, where one spouse decides to marry a foreigner remotely, takes place only when their partner cannot enter Spain due to various reasons.
What is marriage by proxy?
Marriage by proxy is the union between two foreign individuals who wish to marry but, due to various circumstances, are in different countries, locations, or cities and cannot both be present at the time of marriage. This type of marriage ceremony is generally used to marry a Spanish citizen to a foreigner who, for various reasons, has not been granted a visa to come to Spain.
Most proxy marriages are typically used to allow marriage between a Spanish citizen and a foreigner who, for different reasons, has not been granted a visa to come to Spain or is not currently in the country.
To carry out this type of marriage without any issues, a notarized power of attorney must be obtained. The power of attorney will act on behalf of the physically absent member of the couple.
This type of marriage by proxy is regulated by Article 55 of the Civil Code:
«(…) One of the parties may contract marriage through an agent, to whom they must have granted special power in authentic form, with the personal assistance of the other party always being necessary.
The power of attorney shall specify the person with whom the marriage by proxy is to be celebrated, stating the necessary personal circumstances to establish their identity, with the validity of the power being determined by the Judicial Secretary, Notary, Registrar or official processing the marriage certificate or pre-marriage certificate.
The power of attorney shall be extinguished by the revocation of the principal, by the renunciation of the agent, or by the death of either of them. In the event of revocation by the principal, their authenticated statement before the celebration of the marriage shall be sufficient. The revocation shall be immediately notified to the Judicial Secretary, Notary, Registrar or official processing the pre-marriage certificate, and if it has already been completed, to the celebrant of the marriage.(…)»
What do I have to do to get married by proxy?
To get married by proxy in Spain, you must provide the required documentation. In addition to the documentation, you will need to provide a notarial power of attorney and follow a specific procedure.
Procedure for Getting Married by Proxy in Spain:
First, the documentation of the couple must be submitted to the Civil Registry.
Once the documentation is submitted, the Civil Registry will contact the Spanish consulate in the country where the foreigner resides. After examining the documentation, the consulate will schedule an interview as soon as possible to verify that it is not a marriage of convenience. At the same time, the Spanish citizen will be summoned by the civil registry.
After the necessary checks have been made, and it has been confirmed that everything is in order, the Civil Registry will set a date and time for the marriage ceremony. At this point, the person granted the notarial power of attorney will act to marry by proxy.
Finally, after the marriage has been celebrated and the family book or marriage certificate is obtained, it will be sent to the foreign spouse to be requested at the Spanish consulate in the country where the EU family visa is located. It is essential to note that it is impossible to obtain the family book without being married.
Although it is not a complex process, this procedure often takes time due to the workload in consulates and the difficulty of swift communication between them and the Civil Registries.
What is a Notarial Power of Attorney?
A notarial power of attorney is a document that grants a person (for example, a relative, lawyer, or friend) the authority to make legal, medical, or financial decisions on behalf of another person.
It is a public document drafted and authorized by a notary, allowing a natural or legal person, called the principal, to choose another person to act as their representative for certain legal acts.
This representative is an attorney-in-fact, who, by presenting an authenticated copy of the power of attorney, is empowered to perform acts as if they were the principal.
The notarial power of attorney is unilateral. One person grants another permission to represent them without needing their authorization, even needing to be present at the time of granting the power before the notary.
The person granting the power must be an adult who is in full possession of their mental faculties and must present their ID to the notary to verify their identity.
In the case of marriage by proxy, it must be made clear that a person in Spain is authorized to initiate the marriage process, receive notifications, and provide marital consent. Through this notarial power of attorney, drawn up publicly by the notary, the granting of a special power is carried out, allowing the absent party to be represented by the person who will present them at the time of the marriage ceremony. The power in question can be granted before a notary or before a consul representing the consular country of origin and must be included in the original marriage record.
Documentation for Proxy Marriage Between a Spanish Citizen and a Foreigner:
- Literal Birth Certificate.
- Certificate of Marital Capacity or Certificate of Singleness.
- Certificate proving if the personal law of your country requires the publication of edicts when getting married.
- Certificate of residence or proof of residency.
- Passport, residence permit, or any other document proving the identity of the foreigner.
All documentation must be properly legalized and translated.
How long does it take to make a notarial power of attorney?
The processing times for a power of attorney typically vary, depending on the complexity of the agreement and how promptly you provide the necessary information to draft the document.
With an online voluntary agreement service, it can be much quicker: you can fill out the form at your own pace and receive immediate assistance if you have any questions. You could obtain it within one or two days.
In either case, you may need to dedicate some time to gather information and decide for yourself what you want the power of attorney to contain. Remember that the document you are granting must be clear and understandable. It should only grant the powers you intend to give.
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.