Getting a foreign marriage recognised in Spain

Key rules

• Recognition: A marriage valid where it was celebrated is recognised in Spain, including a same-sex marriage.
• Refused marriages: Forced, child and polygamous marriages are not entered in the Spanish register.
• Registration: You need it for nationality by marriage and the Libro de Familia, but many procedures accept the apostilled, translated foreign certificate.
• Partnerships: Foreign partnerships that are not marriages are judged case by case under regional law.
• Foreign divorce: Have it recognised or registered before you remarry in Spain.

Is your foreign marriage recognised?

Yes. Spain recognises a marriage that was valid in the country where it took place. That holds for marriages between foreigners and for marriages involving a Spaniard. You do not need to marry again in Spain.

Same-sex marriages are treated the same way. Spain has allowed same-sex marriage for years, so a valid same-sex marriage abroad is recognised whatever your nationalities.

Spain refuses to enter some marriages in its register. These are forced, child or non-consensual marriages and polygamous marriages. The registry also checks that the marriage is real and that your documents are authentic. Individual registrars apply these checks case by case.

When you need to register it

Registration means having the marriage entered in the Spanish civil register, the Registro Civil. You need it, or practically need it, for:

• Spanish nationality by marriage, or a Libro de Familia (the Spanish family record book) for Spaniards.
• Changing your civil status in Spanish records.
• Some procedures that ask for an updated Spanish civil-status certificate.

You also need a foreign divorce recognised or registered before you can remarry in Spain.

When the foreign certificate is enough

Many procedures accept your foreign marriage certificate itself, apostilled and translated. Examples are family reunification, EU-family residence cards, joint tax filing, a survivor's pension and inheritance proceedings. Whether registration is compulsory depends on the office and the procedure. Ask the office handling yours before you start the registration.

How to register

You apply at the Registro Civil for your home area in Spain. The documents list below shows what to bring. Allow time for the apostille and the sworn translation, as these usually take longest.

Partnerships that are not marriages

Spain has no national registered-partnership system. Regions run their own registers of parejas de hecho (unmarried couples' partnerships), and the rules and effects differ by region. A foreign partnership that its country does not call a marriage is not treated as a marriage. What it achieves depends on the regional law, and some regions accept foreign partnerships into their register. Inheritance and tax effects also vary by region.

For residence, the registered partner of an EU citizen can qualify for EU-family rights. The partner of a non-EU resident may qualify for family reunification if the partnership creates a comparable close relationship. Check your region's register and the immigration office before you rely on either route.

Documents to register a foreign marriage or divorce in Spain

Documents to register a foreign marriage or divorce

• Marriage certificate from the country where you married. It normally needs an apostille (an international stamp that validates a document) if that country is part of the Hague Convention of 1961, or consular legalisation if it is not.

• Sworn translation (traducción jurada) of the certificate into Spanish, or into a co-official language where relevant, if it is not already in Spanish. It must come from a sworn translator appointed by Spain's Ministry of Foreign Affairs, or from a Spanish consulate.

• Passports or ID for both spouses, handed in with the application at the Registro Civil of your home area in Spain, or at the Spanish consulate if a Spaniard is involved.

• Certificate of capacity to marry, if the registry asks for it.

• Divorce decision or certificate, if you are registering a divorce. It follows the same apostille or legalisation and sworn translation steps as a marriage certificate. Ask the registry what proof it wants that the decision is final.

• For a divorce decided in another EU country, the standard EU certificate issued by the court that granted it. Ask that court for it.

• EU multilingual standard form, if your document comes from another EU country. It needs no apostille, no legalisation and no translation. Documents from a Spanish consulate are also exempt from legalisation.

Checklist

• Check that your marriage was valid under the law of the country where you married, including a same-sex marriage.

• Confirm that the marriage is not one Spain refuses, such as a forced, child or polygamous marriage.

• Decide whether you need a Spanish entry, for example for Spanish nationality by marriage, the Libro de Familia or a change of civil status in Spanish records.

• Ask the office handling your procedure if it accepts your apostilled, translated foreign certificate instead of a Spanish entry.

• Apply at the Registro Civil if you need the marriage entered in the Spanish register.

• Check your region's parejas de hecho register if you have a partnership that is not a marriage, and ask what effects it has there.

• Ask the Registro Civil to recognise or register a foreign divorce before you remarry in Spain.

Frequently asked questions

Do I need to register my foreign marriage to apply for family residence in Spain?

No, family reunification and EU-family residence cards usually accept the foreign marriage certificate itself, apostilled and translated. The same is true for joint tax filing, a survivor's pension and inheritance proceedings. Ask the office handling your case if it wants a Spanish entry.

Will Spain refuse to register my marriage if it was celebrated abroad?

Spain refuses to register a foreign marriage only if it is against public order or looks like a sham. Forced, child and polygamous marriages are refused. The registrar also checks that your documents are authentic.

Is a foreign civil union or registered partnership treated like a marriage in Spain?

No, a foreign partnership that is not a marriage is not treated as marriage in Spain. Its effects depend on the region, and some regions let foreign partnerships join their parejas de hecho registers.

Do I need to register a foreign divorce before I remarry in Spain?

Yes, a foreign divorce needs recognition or registration in Spain before you can remarry here. Ask the Registro Civil which papers it wants for your divorce.