Author Irina Firsova Immigration lawyer in Spain, member of the Barcelona Bar Association no. 46.385 18 September 2026 7 min read Message the author

Marriage in Spain for foreigners: documents, procedure and what it gives

Two foreign nationals can marry in Spain: the law ties jurisdiction not to a residence permit but to where one of the couple actually lives. The marriage file is handled by a notary, a court clerk or the Registro Civil, and the authorisation that comes out of it is valid for one year and cannot be extended. The biggest recent change concerns not the wedding but its consequences: since 20 May 2025 the spouse of a Spanish citizen receives not an EU family member card but a separate permit for five years under the new immigration regulation.

Below: who can marry and where it is registered, which documents a foreign national needs and how long they stay valid, how the marriage file and the registration work, what marriage gives you in terms of residence, citizenship and tax, how a registered partnership differs and what the regional rules are. Citizenship after one year is covered separately in Spanish citizenship through marriage.

Three steps: documents, the marriage file with separate interviews, then the ceremony and the entry. The authorisation from the file lasts a year.

Who can marry and where it is registered

Two foreign nationals can. The Civil Code expressly allows a marriage in Spain either in the Spanish form or in the form prescribed by the personal law of either spouse.
Jurisdiction follows where you live. The requirements are checked by a court clerk, a notary or the registrar of the Registro Civil where one of the couple is domiciled; the law speaks of actual domicile, not of lawful residence.
The padrón is evidence, not a condition. There is no separate statutory requirement to be registered, but the padrón certificate proves domicile and determines where the papers are filed.
Since 30 April 2021 the file is handled by notaries and the Registro Civil rather than a judge: the notary transmits the marriage record to the Registro Civil electronically the same day.
On not having a residence permit. There is no express rule saying that irregular status does not prevent a marriage: the right to marry is recognised for everyone, but in practice the particular Registro Civil decides, so such cases are handled individually.

Documents and how long they are valid

Document	Requirement
Passport, DNI or NIE	Original and copy, valid
Birth certificate	Full form, issued no more than a year ago, with an apostille and a sworn translation
Proof of marital status	A certificate of marital capacity or of single status under the law of your own country
Padrón registration	Madrid — no older than 3 months, Valencia — no older than 1 month; there is no single national rule
If previously married	The full certificate of the previous marriage with the divorce or annulment annotation; widowed applicants also need the death certificate
Witnesses	Two adults with ID — both at the appointment and at the ceremony
Translation and legalisation	A sworn translation; an apostille under the Hague Convention, except multilingual forms under the Vienna Convention
If you do not speak Spanish	An official interpreter at the appointment

The certificate of marital capacity under the 1980 convention is valid for six months. It is required above all from nationals of Germany, Austria, Greece, Italy, Luxembourg, Moldova, the Netherlands, Portugal, Switzerland and Turkey; nationals of other countries bring the equivalent certificate under their own law. Getting documents from Russia apostilled works the same way as described in the criminal record certificate guide.

How the marriage file works

The application is filed by both parties with a notary or the Registro Civil where one of them lives.
Separate interviews. The law expressly requires both to be heard “confidentially and separately” to confirm capacity, the absence of impediments and the genuineness of the marriage. Further documents and checks may be ordered on the authority’s own initiative.
The decision. A reasoned record states whether the requirements are met, and also determines the matrimonial property regime and, where relevant, the spouses’ civil status under regional law. A copy is handed to the couple.
Validity. If a year passes after the notices and no marriage has taken place, the process starts again: the authorisation lasts one year and cannot be extended.
Ceremony and entry. The marriage is celebrated before two witnesses and the record goes to the Registro Civil the same day.
A refusal must be reasoned and name the specific impediment; it is appealed to the directorate-general for legal security.

How long it takes. No statutory deadline exists, and the regional pages do not state one. The “two to three months” from other guides is somebody’s experience rather than a rule: plan with a margin and ask your own Registro Civil.

One more thing that confuses people: the family book (libro de familia) has not been issued since 30 April 2021. Instead you get an extract of the marriage entry, and that is what the authorities ask for.

What marriage gives you

Residence: five years under the new regulation. Since 20 May 2025 the spouse of a Spanish citizen receives a permit under Regulation 1155/2024 — for five years and with the right to work without further formalities. Cards issued as EU family member cards before that date remain valid; they are covered in the EU family member card.
Citizenship after one year. One year of marriage plus one year of lawful continuous residence in Spain opens the reduced route to citizenship. The decision is taken within a year, and silence here means refusal. See citizenship through marriage and Spanish citizenship; on keeping your old passport, dual citizenship.
Tax. Spouses may file a joint return, which reduces the taxable base by €3,400 a year. It pays off when one spouse has little income; with two comparable incomes filing separately is usually better. The return itself is covered in form 100.
Family. Marriage is a ground for family reunification and for including a spouse in an application on other grounds; see family reunification and Spanish residence permits.

A registered partnership: how it differs

A pareja de hecho is an alternative to marriage, but the rights are narrower and depend on the region.

For residence purposes Regulation 1155/2024 recognises a stable partnership after 12 months of living together.
Regional requirements differ: in Catalonia it is two years of cohabitation, or a common child, or a notarial deed; in Madrid, 12 months of joint padrón registration plus entry in the register.
A widow’s or widower’s pension requires five years of cohabitation and two years since the partnership was registered.
An unregistered partnership gives none of this: neither a joint income tax return nor the reduced route to citizenship — there is no such rule in the code.

A marriage celebrated abroad is entered in the Spanish Registro Civil through a separate procedure; divorce and its consequences are covered in divorce in Spain. Electronic notifications from the authorities arrive in the accounts described in sede electrónica in Spain, and the card after a permit is granted follows the process in the TIE guide.

Frequently asked questions

Can two foreign nationals marry in Spain?

Yes. The Civil Code allows a marriage in Spain in the Spanish form or under the personal law of either spouse. The competent authority is determined by where one of them lives.

Do I need a residence permit to get married?

The law refers to domicile rather than a permit, and there is no express rule barring those without one. In practice the particular Registro Civil decides, so such situations are handled case by case.

Which documents does a foreign national need?

A passport, a birth certificate less than a year old with an apostille and sworn translation, proof of single status under your own country’s law, the padrón certificate, and for anyone previously married the old certificate with the divorce annotation. Plus two witnesses.

How long is the marriage authorisation valid?

One year, without extension. If the marriage does not take place within that time, the notices and checks have to be done again.

How long does the process take?

No statutory deadline exists and the regional pages do not state one. Expect several months, ask your own Registro Civil, and do not rely on figures from other articles.

Is a family book still issued?

No, the libro de familia was abolished on 30 April 2021. Instead you receive an extract of the marriage entry, which is what the authorities ask for.

What does marriage to a Spanish citizen give you?

Since 20 May 2025, a residence permit for five years with the right to work under the new immigration regulation. After a year of marriage and a year of lawful residence, the reduced route to citizenship opens.

Marriage or pareja de hecho?

For residence, a partnership is recognised after 12 months of living together, but regional requirements differ and some rights, such as a survivor’s pension, require time since registration. An unregistered partnership gives neither a joint tax return nor the reduced citizenship route.