Thinking of tying the knot in the land of flamenco and paella? Getting married in Spain as a foreigner may seem like a complicated process, but fear not! In this article, we will guide you through the enchanting journey of mixed marriages in Spain, step by step. Discover all the requirements, documents, and legal advice you need to make your dream wedding a reality!
Why Marry a Spanish Citizen?
Before we delve into the nitty-gritty, let’s explore the benefits of contracting a mixed marriage within Spanish borders. Here’s why navigating this legal procedure is truly worthwhile:
- Residence and Work Permit: Marrying a Spanish citizen offers the foreign partner an opportunity to easily obtain a residence and work permit in Spain.
- Accelerated Spanish Citizenship: The time required to acquire Spanish citizenship is substantially reduced for the foreign spouse after marriage.
- Tax Advantages: Registering your marriage allows you to benefit from a joint personal income tax declaration, offering certain tax advantages.
- Social Security Benefits: Both partners can access social security benefits even if only one of them is actively employed.
- Inheritance Rights: In case of the unfortunate event of a partner’s demise, the surviving spouse can access a portion of the inheritance.
Additionally, in many cases, constituting a civil partnership instead of marriage may be more appealing due to simpler requirements and procedures. To help you make an informed decision, we have an article comparing the advantages and disadvantages of marriage and civil unions.
Can Irregular Situations Marry in Spain?
Yes, they can! Regardless of a foreigner’s immigration status in Spain, a Spanish citizen and a foreigner can get married. Proof of residence in Spain is not necessary, as we will discuss further in the requirements section.
In fact, such marriages are quite common. Often, foreigners initially reside in Spain irregularly without a residence permit. After meeting their current partner, many couples choose to marry, as it offers significant advantages. Once the marriage is formalized, they obtain a marriage certificate and a joint family book. With these documents, the foreign partner can easily obtain a residence permit, allowing them to stay in Spain legally. The community card, granted to the spouses of Spanish nationals or EU citizens, provides the opportunity to live, work, and study in Spain for 5 years. If eligible, citizenship can be obtained after just 1 year in the country as a legal resident.
Registering Your Marriage with a Foreigner in Spain
Let’s now explore the step-by-step process for registering a mixed marriage in Spain.
- Check the Requirements at the Civil Registry
To begin the process, visit the civil registry office corresponding to your specific address. While the general procedures and documents are common, some variations may exist based on your city’s civil registry. It is advisable to consult with a lawyer or directly inquire at the civil registry to obtain the specific requirements.
- Prepare all the Required Documents
This step is crucial. Together with your partner, gather all the necessary documentation. Incomplete or non-compliant documents may lead to rejection of the application. In a later section, we will provide a detailed analysis of each required document. Seeking legal advice from a lawyer specializing in family law, such as ProSpainConsulting can greatly assist you in this process.
- Submit all the Documents at the Civil Registry
Once you have all the documents ready, visit the designated civil registry office based on your census. You will be issued a marriage file and will need to complete it with basic information, attaching all the prepared documents. The initial form will require details such as names, nationalities, etc., of both partners. Ensure that both members of the couple are single, as this is an essential requirement.
If you have any further questions, please do not hesitate to contact us!