A Ukrainian national holding a long-term residence permit wishes to marry a woman of Spanish nationality.
Can they marry in a civil ceremony or in a church? How is marriage processed in Spain?
The marriage may be celebrated either in a civil or a religious form, in accordance with Spanish law (personal law of the Spanish spouse and lex loci celebrationis).
The procedure for a civil marriage must be initiated at the Civil Registry Office (Registro Civil) of the municipality where one or both parties are domiciled or habitually resident.
The documents to be submitted (for guidance purposes) are as follows:
For both parties (in all cases)
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Application form and sworn statements.
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Valid ID card, passport or NIE. Original and copy.
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Full birth certificate issued less than one year ago by the Civil Registry of the place of birth (naturalised persons must submit only the Spanish birth certificate).
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Proof of the city or cities of residence during the two years prior to the marriage, by means of the municipal register (padrón) of all the cities in which the person has resided during those two years, or a certificate from the Consulate if the person has lived abroad.
Exceptional case: no municipal registration (empadronamiento)
If the applicant has not been registered, this must be proved by means of documents showing the applicant’s name and address and the relevant period of residence, such as:
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tenancy agreements with a letter from the landlord,
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letter from the employer with company stamp,
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letter from the president of the homeowners’ association together with a copy of the minutes appointing him or her as president,
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letter from the bank branch where the applicant holds an account, with the bank’s stamp,
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receipts evidencing money transfers, water, electricity, etc., for the period to be proved.
In addition, depending on the situation
Spanish nationals
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Divorced or annulled: full certificate of the previous marriage with the marginal note of divorce or annulment.
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Widowed: full certificate of the previous marriage and full death certificate of the deceased spouse.
Foreign nationals
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Certificate of legal capacity to marry or certificate of single status, as required by the law of their country.
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Divorced or annulled: full certificate of the previous marriage with the marginal note of divorce or annulment.
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Widowed: full certificate of the previous marriage and full death certificate of the deceased spouse.
All documentation issued in a foreign language must be accompanied by a sworn (official) translation and must be legalised.
Minors
They must obtain, prior to submitting the marriage documentation, either:
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emancipation (between 16 and 18 years of age), or
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a judicial age dispensation (from 14 years of age).
Asylum seekers or refugees
They must provide a certificate issued by the General Directorate of the Police, UNHCR (ACNUR), the Red Cross, or the relevant authority, confirming that status and including the applicant’s personal details.
The documentation relating to the foreign party must be requested from the competent authorities of his or her country.
