Marriage by notary for foreigners in Spain

Requirements for Foreigners to Marry by Notary in Spain

Here are the steps and requirements to get married before a notary in Spain as a foreigner:

1. Formal Request: First, you must make a formal request to the College of Notaries to be assigned a notary.
2. Notary Assignment: Once this step is completed, a notary will be assigned to handle your matrimonial file.
3. Prepare the File: You must then prepare the file to present to the assigned notary.
4. Instruction of the Matrimonial File: After gathering all necessary documents, the Instruction of the Matrimonial File begins, where the notary reviews your documents and may request an interview with the couple.
5. Certificate of Matrimonial Capacity: Upon verifying the documentation, the notary issues a Certificate of Matrimonial Capacity.
6. Choose Your Notary: With the certificate in hand, you can choose any notary to perform the marriage.
7. Marriage and Registration: Finally, the marriage is conducted and registered in the Civil Registry, and you receive the family book and marriage certificate.

Why Choose a Notary for Your Marriage in Spain?

Marriage by notary in Spain has become an increasingly popular option for foreign couples who wish to marry in Spain. It is a relatively simple and efficient process that offers many advantages. In this article, we provide all the information you need to understand this procedure and successfully carry out your marriage by notary in Spain.

Common Interview Questions for Notarial Marriages

Interviews are common for couples of different nationalities and ages to ensure the marriage is genuine. Here are some frequent questions:

• What are your hobbies and those of your partner?
• What is your nationality and your partner’s?
• Your partner’s full name, address, and phone number?
• What is your favorite food and your partner’s?
• Does your partner have siblings? What are their names?
• When did you decide to get married?
• What was your marital status before meeting your partner?
• Have either of you been married before?
• When did you meet and start your relationship?
• Do you have children together or from previous relationships?
• Have you visited your partner’s country? How often?

Required Documents for Marriage by Notary in Spain

Ensure all documents are updated and issued within six months prior to the marriage application. Original documents must be translated into Spanish. The required documents are:

• DNI (for foreigners) Passport or NIE of each.
• Birth certificate of each.
• Divorce or annulment certificate if previously married.
• Death certificate of previous spouse if applicable.
• Certificate of residence (empadronamiento) of the couple.
• Identification of witnesses.
• Judicial resolution copy if exemptions are needed.
• Identification of children from previous marriages, if any.
• Power of attorney if marrying by proxy.
• Medical report on consent ability, if applicable.

Advantages of Marrying Before a Notary

• Faster Appointment: Easier to get an appointment with a notary than at the town hall or registry.
• Flexible Location: The marriage location can be arranged with the notary, although this may incur additional costs.
• Streamlined Process: The notary handles all procedures, reducing waiting times.
• Marital Agreements: Prenuptial agreements can be arranged at the time of marriage.
• Family Reunification: Ideal for couples where one is Spanish or European for family reunification purposes.

Choosing Witnesses for a Notary Marriage

Civil Code requires two witnesses to be present and sign the marriage act. Witnesses must be adults who can read and write. They validate the marriage and confirm that both parties enter it freely.

• Family and Friends: Witnesses can be relatives, friends, or even strangers.
• Foreign Witnesses: Must have legal residence in Spain and understand Spanish.

Frequently Asked Questions About Notary Marriages in Spain

1. Can I choose my notary for the matrimonial file? No, the College of Notaries assigns the notary for your file.
2. How long does the process take? The timeline varies based on documentation and complexity.
3. Can foreigners marry through a notary? Yes, as long as one party is registered in the corresponding community.
4. What is the cost? The cost varies; the notary will inform you.
5. Do I have to marry the same notary who handled my file? No, you can marry any notary or competent authority.
6. Can the file be processed in any autonomous community? No, it must be in the community where one partner resides.
7. Can I marry in any community after the file? Yes, with the matrimonial file act.
8. Do I pay two notaries if different ones handle the file and marriage? Yes, each service has separate costs.
9. How long is the matrimonial file valid? One year from the hearing for civil marriages, six months for religious.
10. Can the file be used to marry abroad? Yes, the notary will provide the necessary certificate.

Conclusion

Marriage by notary in Spain is an accessible and efficient option for foreign couples wishing to marry and build their life in Spain. With a simplified process and clear requirements, you can make your dream of marrying in Spain a reality without unnecessary complications.

If you are considering marriage in Spain, ensure you research and comply with all legal requirements and necessary documentation. A professional notary can guide you through the process, ensuring each step is completed smoothly.

We hope this article has been helpful. If you need further advice or assistance, please do not hesitate to contact us.