Does Spain recognise a same-sex marriage or partnership formed abroad

Key rules

• Same-sex marriage: Spain treats same-sex couples like any other couple under its marriage law.
• Foreign partnerships: Whether a foreign partnership counts depends on its type and on the office reviewing your case, so ask that office first.
• No certificates: If home-country certificates are unavailable or unsafe to get, you can use other evidence of your relationship.

How foreign partnerships and alternative evidence are treated varies by office and region, so confirm with the office handling your application.

The short answer

Spain has allowed same-sex marriage since 2005. A same-sex couple is treated like any other couple under Spanish law. Spain also recognises many marriages and partnerships formed abroad. If you come from a country that is hostile to same-sex couples, you can use other evidence of your relationship.

The details below depend on the office handling your case, so confirm them before you apply.

A same-sex marriage formed abroad

A valid marriage from another country is generally accepted in Spain, whatever the sex of the spouses. You normally need to show:

• A marriage certificate from the country where you married.
• An official translation into Spanish if it is in another language.
• A legalisation or apostille, which is a stamp that confirms the document is genuine.

Ask the office handling your application, such as the immigration office or the civil registry, exactly which version of the certificate it wants. Check this before you order new copies.

A registered partnership formed abroad

Spain does not treat all foreign partnerships the same way. Whether your partnership counts as a pareja de hecho, or as a partnership for a family immigration route, depends on the type of partnership and on the office that reviews it.

• Many registered partnerships from other countries are accepted as proof of a stable relationship.
• Some places also ask for evidence that you live together.
• Regional pareja de hecho registers have their own rules. Ask the register in the region where you will live.

If you have both a foreign partnership and a marriage, ask which of the two the office prefers to see.

If you cannot get certificates from home

Some couples cannot get documents from their home country. Asking for them may be unsafe, or the country may not recognise the relationship at all. Do not put yourself at risk to get them.

In that case, gather other proof that the relationship is real and lasting:

• Proof that you live together, such as a shared lease or utility bills.
• Joint bank accounts, shared costs or insurance naming each other.
• Travel records, tickets and photos over time.
• Messages and correspondence showing a long relationship.
• Statements from friends or family who know you as a couple.

Explain in writing why official certificates are unavailable. Keep copies of everything.

Before you submit, get advice from a lawyer or an LGBTQ+ support organisation with experience in immigration. They can tell you what the office will accept in your case and how to protect your privacy.

What to do next

1. Decide which route you are applying under.
2. Ask the office handling it which documents it accepts for same-sex couples.
3. Order any certificates, translations and apostilles that are safe to get.
4. Build the alternative evidence if you cannot get them.