How to Register Your Marriage in Spain: A Complete Guide

Why Registering Your Marriage in Spain is Important

Registering your marriage in Spain is essential for legal recognition, residency applications, tax benefits, and inheritance rights. Whether you are a Spanish citizen, an expat, or in a mixed-nationality marriage, understanding the process is crucial to ensure your union is officially recognized under Spanish law.

Types of Marriages Recognized in Spain

Civil Marriages

A civil marriage in Spain is performed by a Civil Registry Office (Registro Civil), a Town Hall (Ayuntamiento), or a Notary (Notario). It is legally binding and recognized worldwide.

Religious Marriages

Spain recognizes Catholic marriages as legally valid without needing further civil registration. However, other religious marriages (Islamic, Jewish, Protestant) require separate civil registration at the Registro Civil to be legally binding.

Same-Sex Marriages

Spain legalized same-sex marriage in 2005. The process is the same as for heterosexual couples, with full legal recognition.

De Facto Unions (Pareja de Hecho)

A pareja de hecho (domestic partnership) grants certain legal rights similar to marriage but varies by autonomous community. This status is particularly relevant for residency applications for non-EU partners.

Where to Register Your Marriage in Spain

• Civil Registry Office (Registro Civil) – The main entity handling marriage registration.
• Town Hall (Ayuntamiento) – Some municipalities allow civil marriages here.
• Notary (Notario) – Some couples opt for a notarial marriage, which must still be registered at the Registro Civil.

Step-by-Step Process to Register Your Marriage

Step 1: Gather Required Documents

The documents vary depending on nationality and residence status but typically include:

• Valid passports or national ID cards of both partners.
• Birth certificates (apostilled and translated if issued outside Spain).
• Certificate of No Impediment to Marry (Certificado de Capacidad Matrimonial) from your home country.
• Proof of residence (empadronamiento) in Spain.
• Divorce decree or death certificate (if applicable).

Step 2: Submit a Pre-Marriage File (Expediente Matrimonial)

Before marrying, couples must open a pre-marriage file at the Registro Civil. This process involves submitting documents, attending an interview, and proving the legitimacy of the relationship. Approval can take several months.

Step 3: The Marriage Ceremony

• Civil ceremonies are conducted at the Registro Civil, Ayuntamiento, or Notary.
• Religious ceremonies (especially Catholic) do not require separate civil registration.
• After the wedding, the officiant provides a marriage certificate.

Step 4: Registering the Marriage

• Civil marriages are automatically registered.
• Religious marriages must be registered at the Registro Civil.
• If married abroad, you must register the marriage at the Spanish Consulate or the Central Civil Registry (Registro Civil Central) in Madrid.

Special Cases: Mixed-Nationality Marriages

Marrying a Non-EU Citizen in Spain

If a Spanish or EU citizen marries a non-EU citizen, the non-EU spouse can apply for:

• EU Family Member Residence Card (Tarjeta de residencia de familiar de ciudadano de la UE).
• Family Reunification Visa (Visado de reagrupación familiar) if the Spanish partner is non-EU but legally residing in Spain.

Marrying Abroad and Registering in Spain

If a Spanish citizen marries abroad, they must register the marriage at the Spanish Consulate or Registro Civil Central for it to be recognized in Spain.

Tax Benefits for Married Couples in Spain

• Married couples in Spain can choose to file joint tax returns (declaración conjunta), which can lead to tax reductions.
• Tax residence impacts how global income is taxed.
• Spouses freshly relocated to Spain can apply for the Beckham Law tax regime, which is primarily designed for individuals moving to Spain for work-related reasons, allowing them to be taxed as non-residents (with a flat 24% rate on Spanish income for six years).

Conclusion

Registering your marriage in Spain can be a complex but essential process, especially for mixed-nationality couples. Ensuring that your marriage is legally recognized will help with residency, taxation, and legal rights. Start early, gather the necessary documents, and follow the official procedures to make the process as smooth as possible.