Spain is a fairly liberal country in relation to many issues, including the area of love. In addition to the classic marriage, which involves the presence of both partners, there is the possibility of entering into an alliance when one of the spouses cannot be physically present.
This procedure is called proxy marriage. As a rule, it is used in the case of mixed couples, where one of the parties is a citizen (coy) and resident of Spain, and the other is a non-resident of the kingdom.
Such a marriage implies that a foreigner from another country cannot be in Spain at the time of the marriage. For example, due to the inability to enter the country, which we are seeing now during a pandemic in many countries, including Spain.
In this case, according to article 55 of the Spanish Civil Code, the trustee can replace the absent party for the marriage with a special power of attorney.
To do this, both partners must submit the following package of documents to the local registry office (Registro Civil) of Spain:
– application for marriage;
– birth certificate;
– certificate of marital status, if necessary, of divorce or widowhood;
– registration of registration;
– foreign passport, residence permit in Spain or passport of a citizen of Spain.
!!! The list of documents may vary depending on the autonomous region and municipality.
In addition to the above documents, you will need a notarized power of attorney. The power of attorney must include a trustee in Spain who will submit documents, receive notifications and give marriage consent. It should also include the person you are marrying and an explanation of your personal circumstances.
All foreign documents must be properly legalized and translated by an official translator.
In some cases, neither legalization nor apostille is required, for example, in the case of documents issued by the registry office of Russia, according to the signed agreement between the countries.
The power of attorney may lose its validity in the event of:
– refusal of the trustee to act in this capacity;
– refusal of the principal to enter into marriage;
– in connection with the death of one of the participants in the power of attorney.
It is also necessary to provide the staff of the Spanish Civil Registry Office with the address of the Consulate or Embassy closest to the place of residence of the person abroad.
When all the papers are collected, they must be submitted to the local Registro Civil to apply for marriage. A full package of documents, including the power of attorney and documents of the authorized person, are sent to the address (previously reported) to the Representative Office or Consulate of Spain of the principal.
!!! The principal must come in person to confirm his consent. There he is also interviewed to make sure that the marriage is authentic.
After the interview, the Consulate communicates its decision to the Civil Registry Office in Spain. If the decision is positive, a wedding day is assigned. When the marriage is officially concluded, the process of obtaining a visa to enter Spain can begin.
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