Getting married in Spain as a foreigner: requirements and documents

• A foreign person can marry in Spain with a Spanish or foreign person.
• Before the wedding, the expediente matrimonial or acta previa matrimonial must be completed.
• Irregular status does not prevent marriage, but marriage does not grant residence automatically.
• Foreign documents may need apostille, consular legalization or sworn translation.
• After marriage, the residence route depends on the spouse's nationality and legal status.

Basic idea

A foreign person can get married in Spain, whether to a Spanish person or another foreign person. Nationality does not prevent marriage, but both people must meet legal requirements and provide documents proving identity, civil status and capacity to marry.

The process does not begin with the wedding itself. First, an expediente matrimonial (pre-marriage file) or acta previa matrimonial (pre-marriage notarial act) is completed to confirm that the couple can legally marry and that there is no legal impediment.

Who can marry in Spain

Two foreign people, a Spanish person and a foreign person, or two foreign people even if one does not have legal residence may marry, provided they can prove identity and meet the rest of the requirements. Same-sex and different-sex couples are treated equally.

Requirements

Basic requirements include being 18 or legally emancipated, not being married to someone else, giving free consent, not having a prohibited family relationship and not acting under pressure, deception or serious fear.

Consent matters. The marriage must be real and voluntary. In some files, especially when one person is foreign, separate interviews may be held to check that the marriage is not simulated.

Documents

Documents vary by Civil Registry, notary and country of origin, but generally include a valid identity document, birth certificate, certificate of civil status or capacity to marry, empadronamiento, witnesses' identity documents and, where applicable, documents relating to previous marriages.

Foreign documents must be reviewed carefully. Depending on the country, they may need Hague Apostille, consular legalization, sworn translation or a European multilingual form.

Where the expediente matrimonial is processed

The expediente matrimonial may be processed through the Civil Registry, a notary, a consular authority in certain cases or another competent authority. The competent authority is generally determined by the address of one of the future spouses.

Irregular status and residence

Being irregular in Spain does not itself prevent marriage. However:

• Marriage does not automatically regularize the foreign person.
• Marriage may open a route to request residence, but the corresponding procedure must still be filed and its requirements met.

After marriage, the possible immigration route depends on the spouse: family member of a Spanish national, EU family member card, family reunification or another applicable procedure.

Before starting, review which authority will process the file, which exact documents are required and which foreign documents need apostille, legalization or sworn translation.

• Requesting foreign certificates without checking whether they need apostille, legalization or sworn translation.
• Starting the procedure at an office that is not competent for either person's address.