Marriage and partnership for same-sex couples in Spain

Terms used

• Registro Civil — The Registro Civil is the civil registry office that processes marriage files and records marriages, births and deaths.
• Expediente matrimonial — The expediente matrimonial is the marriage file that proves you are free and able to marry before the wedding.
• Pareja de hecho — A pareja de hecho is a registered partnership, a legal couple status separate from marriage, with rules that vary by region.
• Audiencia reservada — The audiencia reservada is a separate private interview with each partner, used to check the marriage is genuine.

Key rules

• Same terms: Same-sex couples marry in Spain on the same terms as any couple, and nationality does not bar you.
• Home country law: A foreign law that bars same-sex marriage cannot be applied if one of you is Spanish or lives in Spain.
• Foreign marriages: A same-sex marriage validly held abroad is generally recognised in Spain.
• Registration: If one of you is Spanish, register the foreign marriage. If you are both foreigners, it is not needed for validity.

Can you marry in Spain?

Yes. A same-sex couple marries on exactly the same terms as a different-sex couple, and nationality is not a barrier. Foreign couples can marry in Spain if they meet the conditions below.

Both of you must:

• be at least 18, or be emancipated minors;
• have the capacity to consent;
• have no impediment, such as an existing marriage or a direct family relationship.

Normally at least one of you must live in the area of the office that handles your file. Foreigners without residence can still marry if one of you meets this rule or the office accepts your other documents. Rules for non-residents vary by office and by country of origin, so ask the Registro Civil before you plan dates or travel.

What if your country does not allow same-sex marriage?

A foreign partner's capacity to marry is usually judged under their own national law. But a foreign law that bars same-sex marriage cannot be applied if one of you is Spanish or lives in Spain. The FAQ below covers this case too.

Who handles the file and the wedding

Before the wedding you need a marriage file, the expediente matrimonial. It can be processed by:

• the Registro Civil, the civil registry office;
• a notary.

You apply where one of you lives. The Registro Civil now works digitally, and many offices use online appointments, though local systems differ.

The wedding itself can be held before the mayor or a councillor, a judge of peace, a court official (letrado), a notary, or in a religious form.

Offices check for marriages of convenience, so expect an interview with each of you separately (audiencia reservada), especially when one of you is a foreigner. The documents you need and the steps are in the blocks below.

How long it takes

Plan for roughly one to several months from submitting the file to the wedding. It takes longer in busy cities and when you have foreign documents, interviews or extra checks. Ask your office for its current waiting time before you book a venue or guests.

A marriage celebrated abroad

A same-sex marriage validly held abroad is recognised in Spain if it met the rules of the country where it took place and does not conflict with Spanish public order.

• If one of you is Spanish: register the marriage in the Registro Civil, usually through the Spanish consulate in the country where you married. You can also do it directly in Spain.
• If you are both foreigners: registration is not needed for the marriage to be valid. You may still need a marriage certificate as proof for immigration or residence purposes.

To register in Spain, bring the marriage certificate from the foreign authority, with an apostille and a translation if needed. Requirements vary by country of marriage and by office.

Marriage or registered partnership

Some couples choose a registered partnership (pareja de hecho) instead. The comparison below sets out the differences.

Children

Married same-sex couples can adopt jointly on the same terms as other couples, and so can registered partners in many regions. You can also adopt your partner's child. International adoption is harder in practice because many countries of origin do not accept same-sex couples.

Marriage versus registered partnership (pareja de hecho) for same-sex couples

Marriage gives you the same rights everywhere in Spain. A pareja de hecho does not: each region (and some cities) runs its own registry with its own rules, so what you get depends on where you register. Same-sex couples have the same access to both options as everyone else.

Marriage: one set of rights nationwide

Since 3 July 2005, marriage has the same requirements and effects whether the spouses are of the same or different sex. That covers inheritance, pensions, spousal benefits, taxes, residence, nationality and adoption. Both spouses are legal parents of a child in the same way as opposite-sex spouses.

Pareja de hecho: depends on the region

There is no national regime. Before you register, check these points with the registry in your region:

• Residence: many registries require one or both partners to be empadronado (registered at a local address) in that region.
• Age: usually 18 or over, with some exceptions for emancipated minors.
• Cohabitation: some regions ask for a minimum period (for example 6 to 12 months) or proof that you live together.
• Effect of registering: in some regions, such as Catalonia, Madrid, Valencia and Andalusia, registration creates the status. Elsewhere it only records it.
• Rights: Catalonia, Aragon, Navarre and the Basque Country give wide rights, including inheritance and sometimes pension rights. Other regions give few rights beyond the basics, and regional rules only reach matters the region controls. Registries run by local councils are mostly symbolic.

Side by side

If you are a foreigner

• a valid passport or ID
• proof that you are single, or have no other registered union
• an address registration (padrón) in the region, where required
• documents from abroad apostilled and translated

Non-EU nationals normally need to be in Spain legally to register. Registering does not give you a residence permit. It can support a family-reunification or EU-family residence application.

Which to choose

If you want the same protection wherever you live or move, marriage is the safer choice. It is also the only route to nationality after 1 year of residence. A pareja de hecho can work if you will stay in one region that gives wide rights. Even then, check that region's registry first, because the rules are amended from time to time.

Timeline and deadlines

• Gather your documents and translations: Before you submit the marriage file

• Submit the marriage file to the Registro Civil or a notary where one of you lives: Start of the process; book the appointment online where available

• Attend interviews if the office asks for them: After submission, more likely with foreign documents or extra checks

• Receive the decision and hold the wedding: Roughly one to several months after submitting, longer in busy cities

The overall time varies by city and by whether foreign documents or interviews are needed; confirm with your Registro Civil or notary.

Documents needed for a same-sex marriage in Spain

Documents for the marriage file

• Valid passport or ID, plus your NIE or residence card if you live in Spain.

• Full birth certificate, apostilled (or legalised by the Spanish consulate if your country is not in the Hague Convention) and translated into Spanish.

• Certificate of single status or no impediment to marry (certificado de capacidad matrimonial or soltería) from your home country, legalised and translated. Usually it must be recent: often issued within the last 3 months.

• Certificate of registration at your address (certificado de empadronamiento) from your town hall.

• If you were married before, the final divorce judgment or annulment, or your former spouse's death certificate, legalised and translated.

• Signed sworn statement of your civil status. Some offices ask for witnesses.

• Spanish translation of every document not in Spanish (or the region's co-official language), usually by a sworn translator (traductor jurado). Birth certificates are often accepted if issued within the last 6 months.

• Some countries are exempt from legalisation under international conventions, such as multilingual extracts under the Vienna convention (CIEC). Ask the registry if yours qualifies.

• Choose who handles the file: the Registro Civil (civil registry) or a notary in the district where one of you lives. Both of you are usually interviewed separately.

Frequently asked questions

What if my home country does not allow same-sex marriage?

You can still marry in Spain if one of you is Spanish or lives in Spain, because a foreign law that bars same-sex marriage cannot be applied in that case. Your nationality does not stop you from marrying. Ask the Registro Civil which of your papers it needs.

Do I have to register my foreign same-sex marriage in Spain?

No, if only foreigners are involved, registration is not needed for the marriage to be valid. You may still want a registered certificate as proof for immigration or residence matters. If a Spanish national is involved, register it through the consulate where you married or at the Registro Civil in Spain, with an apostilled and translated certificate.

How long does the marriage file take before the wedding?

Expect roughly one to several months from submitting the file to the wedding. It takes longer in busy cities and when foreign documents, interviews or checks for sham marriages are needed.

Can same-sex couples adopt jointly in Spain?

Yes, married couples and, in many regions, registered partners can adopt jointly on the same terms as other couples. They also go through a suitability assessment by the regional child-protection body, and can adopt a partner's child.