Marriage
At our family law firm, we are committed to providing a complete and high-quality
legal service to our clients who wish to get married.
Our goal is to ensure that all legal aspects of marriage are handled in an effective and professional manner so that our clients can enjoy their union without worries.
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Once the union has been entered into, we continue to support our clients in all matters related to their marriage. For example, we can assist them in drafting a will, which will set out how the property will be divided in the event of the death of one of the parties.
We can also assist in the event that our clients wish to adopt children, advising them on the requirements and the necessary legal formalities.
Finally, should problems arise in the marriage, we are also here to help. We offer legal advice on divorce, child custody, child support and other family law matters. At Zabalgo Family Lawyers, we understand how stressful such a situation can be, so we always treat our clients with kindness and respect.
Specialization in International Family Law
Our work consists of advising the increasing number of workers who are hired by companies in other countries.
The phenomenon is growing and its complexity is increasing: not only have the job offers for Spanish professionals outside our country increased, but it is more and more frequent that in families, both spouses work and neither wants to leave their position and their professional career to “follow” the other.
How to regulate, for example, the return of children to Spain with one of their parents in case of separation or divorce? What to do to guarantee the return of your children when they have the opportunity to go to study in the country where your ex-spouse lives and works? These are aspects in which we advise you so that no unforeseen event surprises you.
If this is your case, think that you do not have to wait for a conflict situation to regulate the departure of your children abroad.
- It is a labor issue, but with important family consequences.
- If the residence of the children is established in another country, their return to Spain requires the consent of your spouse.
- International cases require working alongside lawyers in other jurisdictions, and we collaborate with law firms abroad whenever a case calls for it.
- The expatriation of workers modifies the judicial competence in the field of the rights of minors.
- Sometimes, a simple document such as a notarial act avoids conflicts when repatriating minors.
Protect your future with legal certainty
Every couple’s situation is different. At Zabalgo Family Lawyers, we guide and support you in making clear decisions tailored to your life together and your future plans.
Marrying in Spain as a foreign national
Spain celebrates a considerable number of marriages involving at least one foreign national each year, and the procedure is entirely accessible. It does, however, require a preliminary file before the Civil Registry or a notary, in which both parties prove their identity, their civil status and their legal capacity to marry.
The documents required from abroad are usually a full birth certificate, a certificate of no impediment or an equivalent document proving civil status, and evidence of residence. Documents issued outside Spain generally need the Hague Apostille and a sworn translation. Within the European Union, Regulation (EU) 2016/1191 removes the apostille requirement for certain public documents and provides multilingual standard forms, which simplifies matters considerably.
Where one of the parties has been married before, the previous marriage must be shown to have been dissolved, and a foreign divorce decree may itself require recognition in Spain before the new marriage can proceed. That is a step worth checking early: see recognition of foreign judgments.
What marriage changes in legal terms
The point that most surprises clients from common law countries is that in Spain, marriage automatically creates a matrimonial property regime, whether or not the spouses have signed anything. There is no need for an agreement for the regime to exist: if the spouses do not choose, the default regime applies by operation of law.
Under article 1316 of the Civil Code, the default in most of Spain is the community of acquisitions, under which income and assets acquired during the marriage are shared. Several regions have their own default rules: in Catalonia and the Balearic Islands, for instance, the default is separation of assets. Which set of rules applies to an international couple is determined by Regulation (EU) 2016/1103.
Our page on matrimonial property regimes explains the three regimes recognised by the Civil Code, and marriage contracts explains how to choose or change one.
Will your Spanish marriage be recognised in your home country?
As a general rule, yes. A marriage validly celebrated in Spain is recognised in most countries, subject to registration formalities in the country of origin. It is nonetheless advisable to obtain a multilingual marriage certificate and to register the marriage with your consulate, particularly where residence, nationality or inheritance rights may later depend on it.