As an expat living in Spain, you should know that Spanish law recognises as legal both Civil and Religious marriages. Even if both partners are not legal Spanish citizens, they can still get married -- but only in Madrid. As of 2005, Spain now also allows same-sex couples to get legally married under Spanish law. You must be over 18 to get married in Spain.

Civil Marriages
Applications for civil marriage should be submitted to the Civil Registry in Madrid. If you live outside Madrid, you should submit the form to your local District Court. Most Consulates do not have the necessary information and cannot provide their nationals with legal marriage procedures and services.

The civil marriage must be solemnised by the judge in charge of the Civil Registry, the town Mayor, an authorised officer, or the diplomatic officer of the Civil Registry abroad.

You will need the following documents when arranging a civil marriage. All documents from outside Spain must be officially translated into Spanish and authenticated by apostille.

Documentation required

• Passport
• Original birth certificate
• Application to marry form
• Proof that the two parties are single (A form can be obtained from the civil registry of your home country.)
• If previously married, the original final divorce decree or death certificate
• Certificate of residence - If you are non-resident, you may sign an affidavit before your consular officer
• Certificate of Consular Inscription - This can be obtained from your embassy or consulate.

Religious Marriages
Catholic, Protestant, Jewish and Muslim marriages may be celebrated in Spain. The certificate of marriage issued by the church after the ceremony must be registered with the Spanish civil registry in order to get an official marriage certificate. A baptismal certificate is also needed when arranging Catholic marriages. The required documents must be presented to the priest performing the ceremony.

Partnerships
Not all people living together, however, decide to get married. If you are not looking to get married, but are in a serious and dedicated relationship, here is some legal information to keep in mind. Note that every Spanish district may have different laws with regard to partnerships.

In general, Spanish law will recognise your relationship if you and your partner meet the following requirements:

• You are an opposite-sex couple or a same-sex couple
• You shall be stably cohabiting - living together in a de facto relationship
• You shall have common interests to maintain a family life together

Current Spanish law does not state the period of time unmarried couples must have lived together before becoming legally established. If you are in such a relationship, you should know that you are entitled to the following:

• Private contracts
• Bank contracts: granting of a loan, bank accounts, credit cards, etc
• Contracts with third parties: rentals, sale of assets, for example, to show that the couple shares common assets

The following might provide evidence of cohabitation:

• Your domicile for tax purposes and registration with the town council
• Your common children
• Your family Book (Libro de Familia), which is issued by the Spanish Civil Register.
• Your registration at the De Facto Relationships Register Office (Registro de Uniones de Hecho), for which you make a public statement that you are together

Currently there are about 100 local Register Offices for live-in couples in Spain. They have different provisions for their registration. Requirements for live-in couples to register:

• You and your partner should be of legal age or emancipated minors
• You must be legally capable
• You must register with the town district where the Register Office is located
• Registration is not allowed for close relatives.

Updated by Veneta Krumova / Expatica

Article by iAbogado Servicios Jurídicos SLU (Madrid, Spain). Visit iabogado.com for more original content like this. For more detailed information, click here.