Documents you need for your partner and children

Key rules

• Foreign documents: Foreign certificates normally need an apostille or legalisation plus a sworn translation into Spanish.
• Birth certificate: Bring the long-form version naming both parents, not a short extract.
• Child with one parent: Have proof of custody or the other parent's notarised, apostilled consent ready.
• Issue date: Order certificates close to filing, as offices often want them issued within 3 to 6 months.

The basic rule for foreign papers

Most foreign family documents need two steps before a Spanish office will accept them. First, an apostille or legalisation, which confirms the document is genuine. Second, a sworn translation into Spanish, unless the document is already in Spanish. The list of documents is in the box below; this page explains how they work in practice.

Two shortcuts exist. Documents issued under the EU's multilingual forms, and international multilingual extracts, can avoid legalisation and translation. Ask the office whether yours qualify before you pay for either step.

Many offices want a recent issue date, often within 3 to 6 months. Some set their own validity period. Order certificates close to the time you file, not months ahead.

Proving your marriage or partnership

If you married abroad, you need the marriage certificate from the foreign civil registry, apostilled or legalised, with a sworn translation.

If you married in Spain, use the Spanish certificate (certificado literal) or the libro de familia. No apostille is needed.

For a registered partnership, you need a certificate from the partnership registry, Spanish regional or foreign. Procedures for the family of EU or EEA citizens may also ask for proof that the relationship is lasting.

Offices may question some marriages, such as marriage by proxy. If yours is one, ask the office early what extra proof it wants.

Proving a child is yours

Use the full long-form birth certificate naming both parents. It must come from the foreign registry, be apostilled or legalised, and be translated by a sworn translator. A short extract often does not show both parents, so it may be refused.

For a child born in Spain, the libro de familia or a literal birth certificate from the Registro Civil is accepted. For an adopted child, you need the adoption decision.

Custody and the other parent's consent

If a child moves with only one parent, offices typically want one of these:

• proof of custody, such as a court order or custody judgment; or
• the other parent's consent, notarised and apostilled, authorising the move and the procedure, with a sworn translation.

Proof of sole custody, or the death certificate of the other parent, can replace that consent. Consulates handling visas often also ask for a copy of the other parent's ID. The exact form depends on the office or consulate, so ask which they want before you get the consent notarised.

If you were married before

Show that the earlier marriage ended. Use the final divorce decree with proof that it is final, a notarial or administrative divorce certificate, or the former spouse's death certificate. Foreign documents normally need apostille or legalisation and a sworn translation.

You usually do not need a Spanish court to recognise a foreign divorce just to complete an immigration procedure. The apostilled decree or an extract often suffices. Recognition is mainly needed to register the divorce in the Spanish Civil Registry or for other effects in Spain. Divorces from EU states are recognised without a special procedure. If your marriage was recorded in Spain, the divorce may need registering there too.

Documents you need

• Marriage certificate from the foreign civil registry, apostilled or legalised, with a sworn translation into Spanish if it is not in Spanish. An EU multilingual form or international multilingual extract avoids legalisation and translation.

• For a marriage celebrated in Spain, the Spanish certificate (certificado literal) or the family book (libro de familia).

• For a registered partnership, a certificate from the partnership registry, Spanish regional or foreign.

• Full long-form birth certificate naming both parents, from the foreign registry, apostilled or legalised and translated by a sworn translator. In Spain, the libro de familia or a literal birth certificate from the Registro Civil is accepted.

• For an adopted child, the adoption decision.

• If a child moves with one parent, proof of custody (court order or custody judgment), or the other parent's notarised and apostilled consent to the move and the procedure, with a sworn translation.

• Proof of sole custody or the other parent's death certificate, which can replace the other parent's consent.

• If you had a previous marriage, the final divorce decree with proof it is final, a notarial or administrative divorce certificate, or the former spouse's death certificate, apostilled or legalised and sworn-translated.

Frequently asked questions

Can I skip the sworn translation of my marriage certificate?

Yes, you can skip legalisation and translation if your marriage document is an EU multilingual form or an international multilingual extract (CIEC). Otherwise the certificate needs an apostille or legalisation and a sworn translation into Spanish.

What do I need if my child travels with only one parent?

You need proof of custody, such as a court order, or a notarised and apostilled consent from the other parent, with a sworn translation.

Do I need a Spanish court to recognise my foreign divorce?

Not for many immigration procedures, where the apostilled divorce decree or an extract is enough.