Marriage in Spain:
Complete Legal Procedures
Discover how to navigate the bureaucratic process to get married in Spain. From opening the file to the final registration, for both Spanish citizens and foreigners.
Marriage as a Legal Act in Spain
In the year 2026, getting married in Spain continues to be a rigorous process designed to guarantee free consent and the legal validity of the union. It is not just a ceremony, but the constitution of a family unit with profound implications in civil, tax, and immigration law.
Whether you opt for a civil marriage before the Civil Registry, a Notary, or a Mayor, or a religious ceremony with civil effects, the first step is always the processing of the matrimonial file. This preliminary procedure is mandatory and aims to verify that the parties meet the capacity requirements and that there are no legal impediments (such as kinship or a previous non-dissolved marriage bond).
For foreigners, this process takes on an additional dimension, as they must coordinate with the authorities of their countries of origin to obtain certificates of single status and matrimonial capacity, which must be duly apostilled or legalized.
Types of Marriage in Spain
Spain recognizes various forms of celebration, all with full legal validity once registered in the Civil Registry.
Civil Marriage
Celebrated before the Justice of the Peace, the Mayor or Councilor, or a Notary. It is the most flexible option regarding deadlines, especially the notary route, which significantly reduces waiting times compared to the traditional Civil Registry.
- Speed before a Notary
- Fully non-religious
Religious Marriage
Effective for denominations with agreements with the State (Catholic, Evangelical, Jewish, Islamic).
View state agreements →Mixed Marriage
Between a Spaniard and a foreigner. Requires special attention to the private interview to avoid marriages of convenience.
Alternative: Civil Partnership
For those seeking similar effects without the marriage bond.
If marriage seems too complex a process, in many autonomous communities there is the option to register as a civil partnership (pareja de hecho), which also grants rights for the EU family member NIE.
Read the Civil Partnership guideThe Step-by-Step Procedure
1. Opening the Matrimonial File
Mandatory for any civil marriage.
You must go to the Civil Registry of your residence or before a Notary. A file number will be assigned to you and initial documentation will be requested.
2. Submission of Documentation
Both spouses must provide their identity documents (DNI or TIE), birth certificates, and an updated registration certificate (empadronamiento).
It is vital to have completed the empadronamiento recently, as certificates expire after 3 months.
3. The Private Interview
Especially for mixed marriages.
The instructor will interview the couple separately to verify that it is not a sham marriage. Questions are asked about the relationship, tastes, and shared life.
4. Wedding Ceremony
Once the file is approved, you have a period (normally 6 months to a year) to hold the wedding. You can choose the location and who will officiate the ceremony.
Remember that two adult witnesses are required to sign the marriage certificate.
5. Registration and Family Book
After signing, the document is sent to the Civil Registry for final registration. You will obtain the marriage certificate and the Family Book (or digital equivalent certificate in 2026).
Virtual Assistant: What documents do you need?
Particularities for Foreign Citizens
Marrying in Spain as a non-resident or resident foreigner is perfectly possible, but requires more exhaustive planning due to obtaining documents in the country of origin.
The Certificate of Matrimonial Capacity
Many countries require this document to validate that, according to their laws, you are free to marry. It must be requested at your consulate or directly in your country. If your country does not issue this document, you will need a Certificate of Single Status or civil status certificate.
Registration of Marriage Celebrated Abroad
If you have already married outside of Spain, for it to have legal effects here (for example, for inheritances or applying for Spanish nationality), you must register the marriage in the Central Civil Registry or at the corresponding Spanish Consulate.
Official external registration guide →Sworn Translations
Any document that is not in Spanish or co-official languages must be translated by a sworn interpreter authorized by the MAEC.
Hague Apostille
Documents must carry the Apostille if your country is a signatory to the convention, or consular legalization otherwise.
Visa and Residency
Getting married does not automatically grant residency rights. After the wedding, the foreign spouse must process their Residency Card for Family Member of an EU Citizen.
Matrimonial Economic Regimes
Community Property (Sociedad de Gananciales)
The profits or acquisitions of either spouse become common. It is the default regime in almost all of Spain (except Catalonia, Balearic Islands, and Aragon).
Default by lawSeparation of Assets (Separación de Bienes)
Each spouse maintains ownership of their previous assets and those acquired during the marriage. Highly recommended for the self-employed and entrepreneurs.
Consult with a lawyerParticipation Regime (Régimen de Participación)
Functions as separation of assets, but upon dissolution, each spouse has the right to participate in the gains obtained by the other.
To choose a regime other than the default one, you must grant Marriage Articles (Capitulaciones Matrimoniales) before a notary before or after the wedding.
Frequently Asked Questions (FAQ)
How long does the marriage process take in Spain?
It depends on the chosen route. In the Civil Registry, it can take between 4 and 9 months. Via the notary route, the file can be ready in less than 2 months.
Can a tourist get married in Spain?
Yes, the law allows marriage regardless of administrative status. However, at least one of the two must be registered (empadronado) in the municipality where the file is processed.
What happens if my country does not sign the Hague Apostille?
You must carry out legalization via diplomatic channels, which includes the seal of the Ministry of Foreign Affairs of your country and the Spanish Consulate there.
Is the Family Book mandatory?
In 2026, the physical Family Book is being replaced by digital records, but the equivalent document (Marriage Certificate) remains essential for procedures such as registering children.
What is marriage "by proxy"?
It is a procedure where one of the spouses is not physically present and is represented by another person through a power of attorney. It is common in cases where one of the couple lives abroad.
Do I have to renew my NIE after getting married?
If your spouse is Spanish or from the EU, you can change your status to EU family member. Consult the NIE renewal guide for more details.
Can I choose my spouse's surname?
In Spain, marriage does not alter the spouses' surnames. Each one maintains their original ones by law.
Do You Need Help with Your Marriage?
Avoid common mistakes that can delay your wedding for months. Our experts can manage your documentation and speed up the process before a notary.