A mixed marriage is one formed by a Spanish man or woman and a foreign person. To be able to celebrate a mixed marriage, certain requirements must be met, which we will discuss later on. Read this article carefully because we will provide you with the complete guide to mixed marriage.
What is a mixed marriage?
As mentioned earlier, a mixed marriage is one formed by a Spanish person and a foreign person. With marriage, the foreign person obtains a series of benefits. The most important benefits that foreigners obtain are:
- Access to Spanish nationality.
- Obtaining a residence and work permit for 5 years.
Requirements to celebrate a mixed marriage
To be able to marry in a mixed marriage, the fundamental requirement is that one of the spouses be Spanish and the other be foreign, in addition to complying with the rules established by the civil code. Below are the general requirements for a mixed marriage:
- Marital consent from both parties.
- Being of legal age.
- Not being married to third parties or having an undissolved marital bond.
- Not being blood relatives in a direct line or collaterally related by blood up to the third degree.
- Neither party having a conviction for the painful death of a previous spouse or partner.
How to apply for a mixed marriage?
All individuals who wish to marry in Spain must apply for a marriage certificate. This certificate is processed in the Civil Registry.
This certificate certifies that both parties are marrying voluntarily and without any ulterior motive.
To obtain this marriage certificate, a series of documents must be submitted.
Documents to be presented by the Spanish person
The documents that the Spanish person must present to obtain the marriage certificate are:
- Birth certificate.
- Certificate of residency in the place where you have resided in the last 2 years.
- Valid ID card (DNI) or passport.
- Certificate of life and marital status.
- Certificate of divorce or annulment of marriage.
- Death certificate in case of being a widow/widower.
Documents to be presented by the foreign person
These are the documents that the foreign person must present:
- Birth certificate.
- If you are under 25 years old, you must present a certificate of legal age from your country of origin.
- Foreigner Identification Number (NIE) or valid passport.
- Consular certificate proving that the necessary conditions for marriage exist.
- Certificate of single status or divorce, or letter of exequatur to legalize your marriage in Spain.
All documents presented by the foreigner must be duly legalized and apostilled.
Process to carry out the mixed marriage
Once you have submitted the documents, you will be summoned separately for an interview with a person from the Civil Registry. This interview will be crucial, as the mixed marriage may be approved or denied based on it. Another reason for having this interview is to verify that the marriage is being carried out sincerely and not for convenience.
During the interview, private questions will be asked to ensure the truthfulness of the relationship. Some of the questions you will be asked during the interview are:
- The date you met.
- What was the last gift you gave each other?
- What does your partner do for a living?
- What is your partner’s favorite food?
- What was the last trip you took together?
Once the interview is concluded, the person from the Civil Registry will send the file to the Public Prosecutor’s Office, which will approve or deny it. If the file is approved, the date of the wedding can be set. The wedding can be celebrated before a notary, in court, or in a church.
What if I have a mixed marriage abroad?
If you have a mixed marriage abroad, it is common for a Spanish citizen residing outside of Spain to want to marry a foreign national who is a citizen of that country or another, and they can marry following the laws and regulations of that country.
However, for that marriage to be valid in Spain, it must be registered in the Consular Register. Once you have registered the marriage in Spain, you will be granted the family book, and if requested, a European residence card will be issued for the foreign person.
Frequently Asked Questions (FAQs)
How does the immigration status affect mixed marriage in Spain?
The immigration status of the foreign spouse is crucial. If they do not have residency authorization in Spain, it will be necessary to process it before the marriage takes place.
What happens if the mixed marriage ends in divorce?
In case of divorce, the foreign spouse should review their legal status. Their stay in Spain could depend on their current immigration status, and it may be necessary to update their residency authorization.
What legal advice would you give to those considering a mixed marriage in Spain?
I recommend seeking specialized legal advice from the beginning. Understanding the requirements and legal procedures before starting the process will help avoid issues and ensure a smoother experience in mixed marriage in Spain.
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.