Mixed Marriages and Domestic Partners


MIXED MARRIAGES AND DOMESTIC PARTNERS

We advise both procedures for mixed marriages and stable partner registration, depending on your choice.

Marriage between Spanish citizens and foreigners can take place in Spain. This right is not affected by the situation of the foreigner, i.e., no matter if the residence of the foreigner in Spain is either legal or irregular.

However, all mixed marriages between Spanish citizen and foreigner, must be documented prior to the wedding. This file is processed in the registry of the judicial party of where one of the intending spouses (either of them) lives, and is mandatory. The object is to determine:

  1. the ability of the couple to get married;
  2. to check that the consent to marriage is not affected by any bad habit.

If there is any suspicion of simulation of marriage, for not being a real marriage, but intended to obtain an advantage in the field of immigration, matrimonial consent will be declared simulated and may be declared null.

The so-called marriage of complacency can be refused by observing that the intention is to get any of the following purposes: acquisition of Spanish nationality in an accelerated way, obtain a residence permit in Spain or to achieve the reunification of family.

Once the document is done, the judge has to authorise the wedding celebration. Lawsuit can be brought against the judicial decree denying the marriage.

If the marriage takes place, it will be done based on the Spanish law, with all its consequences and including the civil regulations the benefits granted to the spouse.

The Government record of marriage requires presenting the documentation to the Civil Registry.
To do so, you must turn to the judge in charge of the Civil registration in the town of residence of either of the parties, providing the necessary documentation:

  1. Passport or NIE of both parties.
  2. Certificate of birth of both.
  3. Certificate of marital status or single status.
  4. Current registration of residency and proof of living there for the last two years (in case any of them not been in Spain, the consular certificate).
  5. Certificate of matrimonial capacity for EU citizens.

Marriage must meet the legal requirements of age, physical ability or any required in the country of origin or in the place of habitual residence.

Marriage shall be considered valid based on the below facts:

  1. Based on the Spanish law (venue).
  2. In accordance with the form established in the personal law of any of the parties, in front of any foreign consular authority or recognised religion authority in Spain, provided that these marriages are recognised civil effects in personal law of any of the Contracting Parties.

If you want to establish a couple in fact, or so-called stable under Catalan law, here you have basic information:

http://justicia.gencat.cat/ca/serveis/registre-parelles-estables/

In any case, couple in fact does have legal consequences and it would be good to see a specialist in case of wanting to agree previously conditions regarding the assets of the couple, as an example, and have them conveniently agreed by notarial deed.

In both cases, when the Constitution of the partner or the celebration of the marriage happens between mixed couples, and one of them does not have legal residence in Spain, it is convenient to reach out to assessment for the appropriate residence card to apply for.

Contact us without any obligation.