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panish citizens and foreigners have the right to wed in Spain, no matter what the legal situation of the foreign citizen might be. It´s possible then, to wed an illegal alien.
The peculiarity in the case of mixed marriages Spanish-foreigner resides in the need to process a record prior to the wedding taking place. This record is mandatory and is done through the Civil Register of the judicial district of residence of either of the two spouses, and has the purpose of determining if both have the capability of celebrating the marriage and to confirm that the marital consent doesn´t have any flaws.
Once the record is concluded, the judge authorizes the celebration of the wedding, and once it has taken place, both parties /spouses become “married following Spanish civil regulation”, generating from that moment a series of judicial consequences of different types, from which stands out due to its importance, the benefits granted in favor of the person married to a Spanish citizen from the legislation on foreigners.
The government marriage record is mandatory and must be started with the presentation of a series of documents. Each Civil Register has its own special way of processing these records, but the following documents are common to all:
By the foreign citizen.
- Birth Certificate. It must be apostilled, legalized, certified, and translated.
- Certificate of Single Status, or if the case, Divorce Status along with the marriage certificate including the divorce note or divorce sentence. It must be apostilled, legalized, certified, and translated.
- Certificate issued by the foreign citizen home country Consulate in Spain certifying his or hers capability to wed (not all registers require it).
- Certificate issued by the foreign citizen home country Consulate in Spain regarding the need to publicize edicts.
- Certificate issued by the foreign citizen home country Consulate certifying the registration in the Consulate.
- Valid passport or Foreigner ID card.
- Certificate of Census Registration
By the Spanish citizen.
- Birth Certificate.
- Certificate of Census Registration for the past two years.
- Valid passport or Identification Card.
- Life and status certificate.
- If divorced, the divorce sentence or Marriage Certificate with the side note regarding the divorce.
Take into account the following considerations when in the process of obtaining foreign documents:
- Foreign documents must be adequately legalized, either by regular legalization (stamped by the issuing entity, stamp from the Ministry of Foreign Affairs of the foreign country, stamp from the Spanish Embassy in the foreign country, and stamp from the legalization section of the Spanish Ministry of Foreign Affairs) or with the corresponding Apostille of the Hague. Certain registers admit consular legalization (only the stamp of the consulate or the Spanish Embassy or the consulate or embassy of the country of origin in Spain).
- Foreign documents in foreign language must by translated by a certified translator. If the translation is done abroad, it must be apostilled, legalized, or certified along with the original.
Regarding the documents requested from the Spanish citizen, it’s necessary to remember that the Certificate of Census must contain the original date of registration. If during the two years prior to the marriage there is more than one city of residency, you must justify it with all of the corresponding Certificates of Census of each place of residency by requesting the Historic Certificate of Census.[/vc_column_text][/vc_column][/vc_row]