What is marriage?
Marriage is the union of two people through legal formalization, creating rights and obligations by virtue of marriage.
What requirements are there to get married?
In Spain, there are three requirements necessary to get married:
- Being of legal age or an emancipated minor,
- Not being previously married at the time of entering into a new marriage, and
- Entering into marriage with unblemished consent.
Who can get married?
Marriage can be celebrated between two people of the same or different sexes.
According to our legislation, the legal age for marriage is 18 years old or, alternatively, a minor who is emancipated.
Who cannot get married?
Those who cannot get married include minors who are not emancipated and those who are already bound by a marital tie, meaning they are married to another person.
Relatives in the direct line (parents, grandparents, grandchildren) and collateral relatives up to the third degree of consanguinity (uncles, nieces) cannot marry each other. Lastly, anyone who has been convicted of the wrongful death of someone cannot marry the surviving spouse of that person. This latter scenario could be resolved by obtaining judicial dispensation for the marriage.
I’ve decided not to get married, do I have any obligations?
The promise of marriage only entails the obligation to compensate the other party for expenses incurred and obligations contracted in consideration of the promised marriage. The statute of limitations for the action is one year from the day of refusal to celebrate the marriage.
What are the forms of marriage?
Marriage can be contracted in three ways:
- Civil form, regulated in the Civil Code
- Religious form legally provided for.
- If the marriage is celebrated outside of Spain in accordance with the law of the place of celebration.
Who can marry me?
Competence for the celebration of marriage lies with:
- The Justice of the Peace or Mayor of the Municipality where the marriage is celebrated, or a councilor designated by them.
- The judicial secretary or notary of the place of celebration.
- The diplomatic official or Consular Officer of the Civil Registry Abroad.
We are foreigners, can we get married in Spain?
If the spouses are foreigners, the marriage can be celebrated in Spain according to the form prescribed for Spaniards, or by complying with the one established by the personal law of either of them.
Can I get married before a Notary?
Yes, marriage can be contracted before a Notary freely designated by both parties who is competent in the place of celebration.
Can I get married by “proxy”?
Marriage can be contracted by proxy, with a special power of attorney in authentic form, provided that the other party is present. This power must specify the person with whom the marriage is being contracted, detailing the specific circumstances to establish their identity, and its validity must be appreciated by the judicial secretary, notary, or civil registry official processing the prior marriage record or file.
Where do I have to start the marriage process to get married civilly?
The procedure prior to marriage must be initiated before the competent Judge or Justice of the Peace, or the person in charge of the consular registry, corresponding to the domicile of either of the spouses.
From what moment does marriage have legal effects?
Marriage produces effects from its celebration, although registration in the Civil Registry is necessary for full recognition.
What is the marriage certificate?
The marriage certificate is a document that certifies the registration of the marriage, attesting to it for the purpose of achieving full recognition of the civil effects of marriage against third parties acting in good faith.
What are the obligations and rights derived from marriage?
Spouses are equal in rights and duties, and must respect and assist each other, always acting in the interest of the family and having the obligation to be faithful to each other and assist each other, sharing responsibilities and caring for dependents in their care.