The processing of the marriage file before a notary is a viable option for couples, as long as at least one of them resides in any community in Spain (e.g., civil marriage in Madrid with a notary), who wish to have a civil marriage officiated by a notary. This procedure, regulated by Spanish law, ensures the legal capacity of the future spouses and the absence of impediments to marriage.
Marrying a Foreigner Before a Notary
Uniting lives across borders has never been easier. Marriage before a notary, an increasingly popular choice, allows mixed couples to formalize their union in an efficient and discreet manner. Whether a Spanish citizen wishes to marry the love of their life from another country, or vice versa, the notary serves as a legal guarantor of this bond, providing certainty and legal security to the spouses. This process, adapted to the cultural diversity that characterizes our society, simplifies the formalities and allows couples to focus on what truly matters: celebrating their love. It is important to note that this procedure can also apply to the union of two foreigners, as one of the spouses does not necessarily have to be Spanish.
Celebration of Marriage Before a Notary in Spain
A marriage before a notary in Spain is carried out at the notary’s office, where the notary acts as the competent authority to formalize the union. This process involves submitting the required documentation, verifying legal requirements, and holding the ceremony in the presence of the spouses and witnesses. Once the ceremony is concluded, the notary issues a marriage certificate that legally validates the marriage and proceeds with its registration in the Civil Registry.
Requirements for Getting Married in Spain
For those interested in a civil marriage in Spain, the formalization can be performed before a notary, eliminating the need for proceedings at the Civil Registry. This streamlines the process and avoids long waiting periods. The requirements for getting married before a notary are:
- Be of legal age: Both parties must be at least 18 years old.
- Not married to another person: Neither party can be legally married to someone else.
- No kinship between the parties: The couple cannot be related in a direct line or collateral line up to the second degree.
- No legal impediments: There must be no legal barriers preventing the marriage, such as guardianship or conservatorship.
Advantages of Getting Married Before a Notary
Marriages officiated by notaries have become increasingly popular due to the congestion of civil registries and lengthy waiting times. Since April 30, 2021, this process can be completed without submitting the marriage file at the Civil Registry. The benefits of getting married before a notary include:
- Convenience: The process is usually faster and simpler than in court, saving time and reducing bureaucratic hurdles.
- Confidentiality: The ceremony is conducted in a more private and discreet setting, ideal for couples who prefer an intimate event.
- Proximity: Notaries are often well-known professionals within the community, fostering trust and familiarity.
- Speed: The time frame to celebrate the marriage is typically shorter than with other methods.
- Flexibility: Couples can arrange the date and time of the ceremony with the notary, accommodating their schedules.
Reasons to Choose a Notary Marriage
Formalizing marriage before a notary in Madrid or another Autonomous Community provides the same legal validity as a civil registry marriage. This method is efficient, reduces waiting times, and offers a more personalized and comfortable environment for the couple. Choosing Lexmovea as your trusted immigration law firm for a notary marriage in Madrid ensures a professional and dedicated service.
Getting Married Before a Notary vs. Civil Marriage: What’s the Difference?
Marrying before a notary or through a civil ceremony are two options for formalizing a union. Traditionally, civil marriages were held in courts or town halls, requiring more administrative procedures. However, since 2021, marriages officiated by notaries have been significantly simplified, allowing couples to start the marriage file directly with the notary.
The main difference lies in the flexibility and personalization offered by a notary marriage, allowing the ceremony to be tailored to the couple’s preferences.r otro lado, el matrimonio civil tradicional suele ser más formal y protocolario. En cuanto a la validez legal, ambas opciones son igualmente válidas y confieren los mismos derechos y obligaciones a los cónyuges. La elección dependerá de las preferencias personales de cada pareja y de la importancia que se le otorgue a la rapidez, personalización y formalidad del acto.
Procedure for Application Getting Married Before a Notary
- Request for Prior Notary Designation: Interested parties must download and complete the prior notary designation application form, available on the website of the Notarial Association of their autonomous community.
- Submission of the Application: The application, along with the required documentation (DNI, NIE, or passport of both parties and a certificate of residence), can be submitted via email or in person at the Notarial Association of the autonomous community where the marriage will take place.
- Notary Assignment: The Notarial Association will assign a competent notary to process the marriage file and will inform the applicants of the notary’s name, address, and contact details.
- File Processing: The couple must contact the assigned notary to schedule an appointment and submit any additional required documentation. The notary will conduct the necessary procedures to verify the couple’s legal capacity and the absence of marital impediments.
- Required Documentation Getting Married Before a Notary: To get married before a notary, the following documents are needed.
- Birth Certificate: For both parties.
- Identification Document: DNI or passport for both parties.
- Certificate of Residence: For both parties.
- Civil Status Certificate: Including proof of prior marriage and divorce, if applicable.
- Choosing Witnesses: The Civil Code requires the presence of two witnesses at the ceremony. Witnesses must be of legal age and able to read and write to sign the marriage certificate. Their role is to validate the notary marriage and confirm that the couple is acting freely.
Legal Framework for Notary Marriages
Marriages officiated by notaries are governed by Article 58 of the Civil Code, amended by Law 15/2015 of July 2 on Voluntary Jurisdiction. This legal modification enables notaries to officiate civil marriages, granting them the same legal validity as those conducted at the Civil Registry.
This change aims to alleviate the workload of civil registries and offer citizens a more accessible and streamlined process for formalizing their marriage. Since its implementation, it has significantly reduced waiting times and provided couples with an efficient alternative for celebrating their union.
Marriage File for Notary Marriages
Marriage File in Madrid
Getting married before a notary in Madrid (e.g., notarial marriage file Madrid) allows couples to celebrate their union in a more personalized setting, different from the traditional Civil Registry. To begin, both parties must be of legal age and present documents such as identification, birth certificates, and, for foreigners, a marriage capacity certificate. Once a notary is selected, the couple will sign a marriage application, specifying the details of the ceremony, including date, time, and location.
The ceremony is brief and intimate, conducted at the agreed location with the notary. Afterward, the notary sends the marriage certificate to the Civil Registry for legal formalization. Couples receive a copy of the certificate, essential for future legal proceedings. This alternative offers flexibility and a tailored experience for those choosing a notary marriage in Madrid.
Why Choose Lexmovea for Your Notary Marriage in Madrid?
Choosing Lexmovea for your notary marriage in Madrid is a smart decision. We have extensive knowledge of the procedures and requirements for notary marriages in Spain, ensuring the process is smooth and effective. Our Madrid-based office stays updated on current regulations, offering a personalized service tailored to each couple’s needs. Our dedicated team accompanies couples at every step, ensuring their experience is unique and stress-free. With Lexmovea, you can trust your union will be handled professionally, allowing you to fully enjoy your special day.
Marriage Files: Andalusia, Ceuta, and Melilla
In these regions, the process begins with submitting a request form to the corresponding Notarial Association, along with a copy of the residence certificate. Lexmovea provides support to couples to ensure their marriage file is complete and the process runs smoothly.
Marriage Files: Valencian Community
In Valencia, the request must include proof of payment for the initial funds deposit. Documentation can be submitted to the Notarial Association in person or by mail. Lexmovea assists couples in managing these steps to meet all requirements efficiently.
Marriage Files: Murcia
Applications for the marriage file can be submitted in person or via email to the Notarial Association. Lexmovea ensures a seamless process for couples preparing their marriage documents in Murcia.
Marriage Files: Catalonia
Following the guidelines of the Notarial Association in Catalonia, Lexmovea ensures proper preparation of marriage files for couples getting married in this beautiful region.
Marriage Files: Extremadura
Lexmovea helps couples in Extremadura by assisting with their applications, whether submitted in person or via email.
Marriage Files: Castilla-La Mancha
For couples in Castilla-La Mancha, Lexmovea ensures all documents, including ID and residence certificates, are submitted correctly to the Notarial Association.
Marriage Files: Basque Country
Lexmovea simplifies the marriage process for couples in the Basque Country, ensuring all steps are handled efficiently.
Marriage Files: Balearic Islands
Lexmovea supports couples marrying in the Balearic Islands, ensuring all requirements are met for their notary marriage.
Marriage Files: Castilla y León
Lexmovea helps couples in Castilla y León manage their marriage files with professionalism and care.
Marriage Files: Asturias
Lexmovea supports couples in Asturias, ensuring a stress-free notarial marriage experience.
Marriage Files: Aragón
Lexmovea offers expert guidance for couples navigating the notarial marriage process in Aragón.
Marriage Files: Cantabria
Lexmovea assists couples in Cantabria with their marriage applications, ensuring a smooth and straightforward process.
Marriage Files: Galicia
Lexmovea helps couples comply with Galician regulations for notarial marriages, ensuring an efficient and pleasant process.
Marriage Files: Navarra
Lexmovea supports couples in Navarra by managing every step of their notarial marriage process.
Marriage Files: Canary Islands
Lexmovea ensures couples in the Canary Islands meet all requirements for their notarial marriage, providing guidance and support throughout the process.
Frequently Asked Questions About Notary Marriages
- Can I choose the notary to handle the marriage file? No, the notary will be assigned by the Notarial Association of the autonomous community where the marriage will take place.
- What is the processing time for the marriage file? The time frame depends on the complexity of the case and the submitted documentation. The assigned notary will provide an estimated time. On average, processing times are much shorter than those for civil registry marriages.
- Can foreigners process the marriage file with a notary? Yes, as long as one of the parties is registered in a municipality within any autonomous community in Spain.
- What is the cost of the marriage file? The cost depends on the documentation provided and the notary’s fees.
- Is it mandatory to marry the same notary who processed the file? No, once the marriage file is completed, the couple can marry before any notary or competent authority.
- What is the validity of the marriage file? The notarial act authorizing the marriage is valid for one year from the date of the witness hearing.
- Can two foreigners marry in Spain? Yes, foreigners can marry in Spain, even if neither of them is Spanish.
- Can I marry in Spain if I am undocumented? Yes, marriage is an act that does not require legal residency in Spain.
- Can witnesses for a notary marriage be family members? Absolutely! There are no legal restrictions on who can be witnesses. They can be family members, close friends, or even acquaintances. The only requirements are that they are of legal age and capable of reading and writing.
- Can witnesses for a notary marriage be foreigners? Yes, witnesses can be foreigners, provided they have legal residency in Spain. They must present their Foreigner Identity Card (TIE) and demonstrate they understand Spanish to follow the legal act.
- Is it possible to marry before a notary in Madrid? Yes, at Lexmovea, we offer personalized advice for any notary marriage in Madrid or other communities in Spain.
- What is a marriage file? A marriage file is a legal document that gathers all necessary information to verify that two individuals can validly marry. This file is prepared and processed before the wedding, either with a notary or at a civil registry.
- What is a marriage certificate? A marriage certificate is an official document that legally validates the union between two people. It is issued by the Civil Registry or, in some cases, by a notary after the wedding is held and registered.
- What is the cost of a notary marriage file? Processing the marriage file at a public civil registry is free, but when done with a notary, it can cost between €150 and €300, depending on the case.
- How much does it cost to marry before a notary in Madrid? The cost ranges from €150 to €350, depending on the notary and the required services. Contacting an immigration law firm for detailed budgeting is recommended.
- Can civil wedding witnesses be family members in Spain? Yes, witnesses for a civil wedding in Spain can be family members, as long as they are of legal age, have legal capacity, and present valid identification.
- Can notaries officiate marriages in Spain? Yes, since 2015, notaries in Spain have been authorized to officiate civil marriages, offering a faster and more flexible alternative to the Civil Registry or Town Hall. Costs typically range from €400 to €1,000.
- What is the main requirement for marrying before a notary in Spain? The main requirement is an approved marriage file, certifying that both parties meet the legal conditions for marriage.
- What are the requirements for a civil wedding in Madrid as a foreigner? Requirements include a valid passport or NIE, birth certificate, updated civil status certificate, and proof of residency if applicable. Foreign documents must be legalized or apostilled and translated into Spanish by a sworn translator.
At Lexmovea, our family law experts provide comprehensive guidance and assistance throughout the marriage file processing before a notary, ensuring legal security and compliance with all requirements.