Know how to formalize marriage in Spain

Marriage between Spanish and foreigners increase year after year.  Spain is also a great location for foreign couples to tie the knot.  If you are planning to formalize your marriage in Spain, there are a number of requirements and documentation that you will need:

The Spanish citizen must present

  • Literal birth certificate issued less than three months prior.
  • Affidavit of civil status. In case you were divorced, you must also submit the literal marriage certificate with divorce registration.
  • Original ID and a photocopy.
  • Documentation from your local Town Hall requesting a civil marriage completed and signed.
  • Certificate from the local census which shows the applicants address from the last two years (expires every 3 months).

A foreign citizen must present

  • Literal birth certificate. In addition, this document must be legalized by their Consulate and by the Ministry of Foreign Affairs and officially translated into Spanish.
  • Affidavit of civil status. If you are divorced, you must enclose a literal marriage certificate issued by your country of origin.
  • Original and photocopy of the NIE and passport.
  • Application for the celebration for civil marriage from your local Town Hall completed and signed.
  • A certificate from the Town Census showing your address for the last two years.

All documentation must be legally translated into Spanish by a sworn translator.

The applicants must deliver the documentation to their Town Hall in the company of two witnesses who must present a copy and their original ID. These witnesses do not need to be the same ones that come on the day of the wedding.

Am I entitled to paid leave from work if when I get married?

Article 37.3, of the Workers’ Statute, says “the worker, with prior notice, may be absent from work, entitled to remuneration, for one of the reasons and for the fifteen calendar days in the case of marriage”. If the couple marries on a non-working day, such as a Saturday or Sunday, the paid leave that corresponds to them begins from the first working day and not the day of the ceremony.

How far in advance do I have to inform my place of work?

There is no set period of notice, although it is recommended that it be at least 15 days in advance.

When can we enjoy our paid leave?

The law states that they should be enjoyed right after the wedding. However, if you prefer to leave them for later you must negotiate with the company.

What if it’s about remarriage? Or a civil partnership?

The rights in case of second nuptials are the same as in the first marriage, as long as you marry a different person.

On the other hand, if you become a civil partner, you do not have any of these rights, as the Workers’ Statute only refers to legally established marriages.

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