Family

Getting married in Spain as a foreigner: process and documents

Marriage in Spain has three stages: checking the right to marry (acta or expediente), the ceremony and inscripción in the Registro Civil. The process is the same for a couple of foreigners and for a couple with a Spanish citizen, and marriage does not grant residence by itself.

Information material, not an individual legal opinion. Conditions apply to each specific situation and may change.
In brief
  • Three stages: an acta before a notario or an expediente at the Registro Civil or a juzgado, then the ceremony before an alcalde, concejal, letrado de la Administración de Justicia or notario, then the inscripción in the Registro Civil [1][2].
  • Where to apply: where at least one of you has their domicile; if you both live abroad, the expediente is handled by the consul [1][2].
  • If you are both foreigners, you can marry in the Spanish form or in the form of the personal law of either of you (article 50 Código Civil). Capacity to marry is assessed under the law of each person’s nationality (article 9) [1].
  • Each of you will be interviewed separately and without witnesses to check that consent is freely given. The authorities actively look for sham marriages (matrimonios de complacencia) [2][4].
  • Marriage does not equal a residence permit. Marriage to a Spanish citizen opens the regime of article 94.1.a of the Reglamento if you live together, and marriage to a resident opens reagrupación, but the decision on status is made by the oficina de extranjería [6][7][8].

Marrying a foreigner in Spain: the procedure in outline

The law requires you to prove before the marriage that you are entitled to enter into it: this is done in an acta or expediente under the Registro Civil rules (article 56 Código Civil, article 58 Ley 20/2011) [1][2]. If you are both foreigners, you can marry in Spain in the Spanish form or in a form allowed by the personal law of either of you [1]. The marriage is then registered in the Registro Civil: without the inscripción it has civil effects from the day of the ceremony, but registration is needed for full recognition [1].

RouteWho carries out the checkWho performs the ceremony
Through the Registro CivilEncargado del Registro Civil for the domicile of one of youAlcalde or concejal of your choice
Through a juzgadoLetrado de la Administración de Justicia for the domicileThe same or another letrado, or an alcalde or concejal
Through a notarioNotario for the domicile of one of you, outcome: an actaThe same or another notario, an alcalde or concejal

The Ajuntament de Barcelona and notaries publish their own prices, timeframes and ceremony schedules: we have not checked them.

Who can marry

The law rules out marriage for minors who are not emancipated, for people who are already married, for direct relatives and for collateral relatives up to the third degree (a judge can waive the impediment for the third degree) [1]. The same requirements apply to same-sex and opposite-sex couples [1]. For a foreigner, capacity and marital status are assessed under the law of their nationality (article 9.1 Código Civil), so whoever handles the acta may ask for documents on your entitlement under your own law [1]. One of you can marry through a special proxy granted in notarial form, while the other attends in person (article 55) [1].

Which documents you need and how to prepare them

The exact list is set by whoever handles the acta or expediente, and it differs between a notario, the Registro Civil and a juzgado. Usually you are asked for a passport, a birth certificate, a document on marital status (that you are not married; if you were, a divorce certificate or the spouse’s death certificate) and proof of domicile, for example the padrón. This is our guide, not an official list: check it with the specific official handling your case.

In extranjería procedures, foreign public documents are accepted with an apostille or legalised, and with a sworn translation [5]. We have not found this wording in an official source for marriage files, but the rule reflects the general approach, and it is safe to prepare your documents this way. The procedure for Russia and the CIS: apostille on Russian documents, apostille on marriage and birth certificates, sworn translation. Registration at your place of residence in Barcelona is done through the Ajuntament: empadronamiento in Barcelona.

Step by step: from appointment to certificate

  1. Choose the route: Registro Civil, juzgado or notario. Apply where one of you has their domicile (article 51 Código Civil). If you both live abroad, the expediente is handled by the consul [1][2].
  2. Attend a separate interview: the official hears each of you in turn and in confidence to check capacity, the absence of impediments and the genuineness of consent [2].
  3. Receive the decision or acta: it authorises or refuses the marriage with reasons, and may state the applicable matrimonial property regime and vecindad civil. A refusal can be appealed to the encargado and then to the DGSJFP [2].
  4. Hold the ceremony. If a year has passed since the publication or the acts replacing it, the marriage cannot be celebrated without a new procedure. Two witnesses attend the ceremony; the official reads articles 66-68 of the Código Civil and asks each of you for consent [2][1].
  5. On the same day the official sends the document electronically to the Registro Civil, and the registrar checks it and makes the entry. After that you receive a certificación de inscripción [2].
  6. If you need the certificate abroad, check the apostille and translation requirements for the destination country: the rules depend on the country, and we have not checked them.

Marriage in Catalonia: what changes for property and status

If Catalan law applies to your marriage and there is no marriage contract, separate ownership of property applies (separación de bienes, article 231-10 libro segundo Código civil de Cataluña) [3]. But which law applies depends on the spouses’ personal laws: the common personal law at the time of marriage; failing that, the law you chose in a notarial document before the marriage; failing that, the law of the common place of residence after the marriage (article 9.2 Código Civil) [1]. For a couple from Russia, Ukraine, Belarus or Kazakhstan this question often has no obvious answer: talk to a notary before the wedding.

The regime is entered in the Registro Civil together with the marriage; a marriage contract is drawn up before a notary [2]. If you choose a partnership instead of marriage, in Catalonia it is governed separately: pareja de hecho in Barcelona and marriage or pareja de hecho for a residence permit.

Marriage and residence permit: what it gives and what it does not

Married toWhat it opensCondition
A Spanish citizenResidencia temporal de familiar de persona con nacionalidad española, article 94.1.a [6]Living together, no divorce or annulment decision, the marriage was not entered into to circumvent the law
A foreigner with a residence permitReagrupación familiar, article 66.1.a [6][7]Spouse aged 18+, the couple is not separated, the marriage is not a sham; the resident has the funds, housing and insurance
A citizen of another EU countryReal Decreto 240/2007 regimeSeparate rules, not covered in this article

Marriage does not by itself grant a residence permit: it is a ground that the oficina de extranjería examines in a separate procedure [6]. For a Spanish citizen’s spouse, the information sheet describes the procedure as free of charge, with a five-year permit [8]. More: residence permit for a relative of a Spanish citizen and reunification with a spouse.

Sham marriages (matrimonios de complacencia) are considered void, and the Instrucción DGRN of 31 January 2006 describes how the Registro Civil detects them through interviews and other checks [4]. Prepare your documents honestly: false dates and fake addresses harm both the marriage and the whole case.

If one of you is in Spain without papers

Articles 44-58 of the Código Civil on entering into marriage do not list a residence permit as a condition [1]. But the registro civil checks that intentions are genuine, and the consequences for your status are determined not by the marriage but by the immigration procedure you choose and your history in the country. Do not hide circumstances at the interview, and discuss the plan with a lawyer before applying: in which cases you need to leave the country, what the deadlines are and what risks your case carries.

Common mistakes

  • Domicile in another city. The competent official is the one for the domicile of one of you; applying in the wrong place delays the case [1].
  • Documents without an apostille or translation. It is safer to prepare them in advance [5].
  • Missing the deadline. Once a year has passed since the publication, a new procedure is needed [2].
  • Differences in the spelling of names. The transliteration in the passport and the certificates must match.
  • Expecting marriage to grant a residence permit automatically. A separate procedure and proof of living together are needed [6].
  • Not knowing which law applies to property. Discuss it with a notary before the ceremony [1].
  • Not preparing for children being born. If your family is expecting a child, read in advance how the birth is registered and how the child gets a residence permit: having a baby in Spain.

How we can help

The ReloVictory team in Barcelona helps you understand which route suits your couple, prepare documents from Russia, Ukraine, Belarus and Kazakhstan (apostilles, translations, extracts) and then choose the immigration procedure together with the lawyer. Notarial and government charges and translations are paid separately, the first 15 minutes of a consultation are free, and the cost of handling your case is calculated by quote. We are not responsible for how long the authorities take to respond. To book: consultation, family section. The family route card shows the steps after the wedding, and the general procedure after moving is described in the residence permit in Barcelona section.

Frequently asked questions

Can we marry in Spain if we are both foreigners?
Yes. If you are both foreigners, you can marry in the Spanish form or in the form of the personal law of either of you (article 50 Código Civil). The check is carried out through an acta or expediente for the domicile of one of you. [1][2]
Who registers a marriage in Barcelona?
The check is handled by a notario, the Registro Civil or a letrado de la Administración de Justicia for the domicile of one of you. The ceremony is performed by an alcalde, concejal, letrado or notario of your choice, and then the entry is made in the Registro Civil. [1][2]
How long does the expediente take?
The Código Civil and Ley 20/2011 do not set a general timeframe. It depends on who handles the procedure. The marriage must be celebrated within a year of the publication or the acts replacing it, otherwise a new procedure is needed. [2]
Do we need an apostille and translation to marry?
In extranjería procedures, foreign public documents are submitted with an apostille and a sworn translation. For a marriage file, check the list with whoever is handling it; it is safer to prepare the documents the same way. Details in the article on apostilles for certificates. [5]
How do I get a marriage concluded in another country recognised in Spain?
A marriage concluded before a foreign authority is entered in the Spanish Registro Civil through the inscripción of the certificate, if it is valid under Ley 20/2011. The documents must be legalised and translated. [2]
Does marriage to a Spanish citizen give a residence permit?
It opens the regime of article 94.1.a of the Reglamento if you live together and the marriage is not a sham, but the permit is issued by the oficina de extranjería in a separate procedure. For a Spanish citizen’s spouse, the information sheet describes it as free of charge, for a term of five years. [6][8]
Can you marry by proxy?
Yes, one of the spouses can marry through a representative holding a special proxy in authentic form, but the other must attend in person (article 55 Código Civil). [1]

Official sources

  1. BOE · Código Civil, articles 17, 22, 44-58, 81-89 ↗
  2. BOE · Ley 20/2011 del Registro Civil, articles 44-49, 58-61 ↗
  3. BOE · Ley 25/2010, libro segundo del Código civil de Cataluña, articles 231-10, 233-1-233-9, 234-1-234-14 ↗
  4. BOE · Instrucción DGRN of 31.01.2006 on matrimonios de complacencia ↗
  5. Ministry of Inclusion · Hoja 61: legalisation and translation of documents (May 2025) ↗
  6. BOE · Real Decreto 1155/2024 (Reglamento de Extranjería), consolidated text as at 22.09.2026 ↗
  7. Ministry of Inclusion · Hoja 8: reagrupación familiar (May 2025) ↗
  8. Ministry of Inclusion · Hoja 18: familiares de personas con nacionalidad española (April 2026) ↗

Sources reviewed on 02.10.2026. Consolidated texts and government reference pages are for information only: applying the law depends on official publications, amendments and the specific circumstances. Reviewed by lawyer Francisco Romero Jiménez (ICAB 33641) on 21.10.2026.

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