Friday, 3rd July 2020
LEGAL Article

This Month's Magazine
Family law in Spain

Family law in Spain

Why not Plan for your Spanish Wedding with the help of your Lawyer?

Like everything legal in Spain, weddings can also be stressful and a lawyer can help to avoid such stress.

Firstly it is important to bear in mind that two non resident foreigners cannot marry in Spain. Either one of the partners must be a Spanish national or both partners must be resident in Spain.

Having satisfied these qualifying conditions, the following documents will be required:

  • Passport
  • Original birth certifi cates
  • Marriage application form (obtained from Civil Registry in your Country)
  • Proof that you are single
  • Certificate of residence �� If non resident you will need to sign an affi davit before the Consulate of your country
  • If either or both of you were previously married you will need your final divorce papers (decree absolute)
  • If either or both of you are widowed you will need original death certifi cates
  • Certificate of Consular Inscription from the Consulate or Embassy of your Country
  • A Baptism certifi cate is necessary for Catholic marriages

All non Spanish documentation must be officially translated into Spanish and authenticated by apostille, something else your lawyer can deal with.

It is worth noting that recent new Spanish legislation now allows same sex weddings in Spain.

A marriage between a Spaniard and a foreigner, or between foreigners of the same sex resident in Spain, shall be valid as a result of applying Spanish material law, even if the foreigner’s national legislation does not allow or recognize the validity of such marriages.

If you are contemplating a same sex marriage, you should consult Blanco Abogados for constructive legal advice on the matter.


Pre-nuptial Agreements
Marriage contracts, better known as prenuptial agreements, are advisable when people of different nationalities and subject to different laws in their country of origin are marrying in Spain. As we live in a multicultural society these are becoming much more common. A marriage of “first category” is one where the conditions agreed by both spouses prevail as the conditions mutually “accepted” by the spouses. The marriage contract containing all the conditions accepted by the spouses, known as “capitulaciones matrimoniales”, must be executed before a notary.

A marriage of “second category” describes a marriage without prenuptial agreement and the marital arrangements are determined by the law applicable to the marriage at the time of the wedding.

When things go wrong. Divorce & Separation
A petition for divorce can be fi led on the grounds of mutual agreement or litigious judicial divorce due to domestic violence, child matters, adoption matters, etc.

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