MARRIAGE IN SPAIN
Disclaimer: The following information relating to marriage
requirements of specific foreign countries is provided for general information
only and may not be accurate in a particular case. Questions involving
interpretations of specific foreign laws should be addressed to foreign
attorneys or foreign government officials.
Marriage in Spain is more complicated than in the United States. Spanish
authorities may take 30 to 45 days to approve a marriage application.
Policies and procedures vary from region to region. For example, Spanish
law appears to permit foreigners who are not Spanish legal residents
to marry in Spain. The different autonomous communities in Spain, however,
interpret this law differently. Outside Madrid, it may be required that
one party be a citizen or resident of Spain. For this reason, the Embassy
suggests an American consult beforehand with the regional authorities
of the area where the person wants to marry. In general, legal and valid
marriages abroad are also legally valid in the United States. Should
the parties contracting marriage have any questions about the validity
of a marriage performed abroad, they should contact the Attorney General
of the state or states of domicile of the parties.
Civil Marriages
In Madrid, applications for civil marriage are made at the Civil Registry
at Calle Pradillo, 66, 28002 Madrid, Tel. 91-397-3700, Fax: 91-397-3779.
Outside of Madrid, one applies to the District Court of the bride's
or groom's residence. One normally needs the following documents:
Application form. Available from the Civil Registry or the
District Court.
Birth certificate. This must be an original document bearing
the Apostille of the Hague (see Mutual Recognition of Documents). In
addition, a translation authenticated by a Spanish consulate in the
U.S must be provided.
Proof of freedom to marry. For Spaniards, the Civil Registry
has a document for this purpose. Since there is no equivalent document
in the US, a sworn statement to the effect that the parties are single
and free to marry, signed before an American Consul can be used.
Certificate of residence. This document may be obtained at
the Junta Municipal of the Tenencia de Alcaldia in the district of residence.
If an American is not a permanent resident in Spain, he/she can sign
an affidavit before an American Consul indicating his/her place of residence
for the last six years.
Posting of Banns. The Posting of Banns is a public declaration
of intent to marry. The Embassy or Consulate may issue a letter explaining
it is not required in the US
Certificate of Consular Inscription. The Embassy or Consulate can produce
this letter once you have registered as a US Citizen in Spain.
If one party was previously married , he or she must present the previous
marriage certificate and proof the marriage no longer exists (a divorce
decree, an annulment certificate or a death certificate). The documents
must be original, bear the Apostille of the Hague, translated into Spanish
and the translation authenticated.
Religious Marriages
Spanish law recognizes religious marriages without a second, civil
ceremony. For a religious ceremony, couples first need authorization
from the civil authorities, obtained by presenting the requirements
described above. Each religious denomination may have separate documentary
requirements. As most religious marriages in Spain involve Catholics,
the requirements for the Catholic church are outlined below.
A Catholic ceremony involving a foreigner requires the Bishopric's
permission (in Madrid: Calle Bailen, 8; Tel. 91-454-6400). Obtaining
permission for a Catholic marriage takes from one to three weeks. The
following documents are required:
Birth Certificate. It must be translated and the translation
authenticated.
Baptismal Certificate. It must have been issued no more than six months
prior to the wedding and authenticated by the Bishopric of issuance.
It must be translated and the translation authenticated.
Proof that Both Parties are Free to Marry. For Americans this
consists of a sworn statement by the parents of the party stating he/she
has never been married, witnessed by the parish priest. One should note
that a statement made by the party him/herself, while acceptable to
the Civil authorities, is not acceptable to the Bishopric in Madrid.
The Church insists on a statement by the parents. The Bishopric of the
parents' place of residence must authorize and seal the statement.
AFTER THE MARRIAGE, THE US CITIZEN MAY PETITION THE SPANISH SPOUSE
FOR A K3 MARRIAGE VISA.
ALTERNATIVE TO MARRIAGE ABROAD:
Instead of the above procedures, it is possible to file a K1 fiancee
visa petition for an alien to enter the United States as the fiancee
of an American citizen. Thus, enabling the parties to marry in the United
States. Note that this is only possible if you have previously physically
met your fiancee. K1 Fiancee Visa.
To consult a K3 marriage visa attorney, please call us at (626)
279-5341 or e-mail us at info@bccvisalaw.com. An attorney in our office
would be happy to assist you.
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