Marriage of non nationals in Spain


I am a British citizen living in the Uk. I am engaged to a Brazilian woman who lives in Madrid. She is currently there illegally as she has overstayed her student visa by a considerable period. We are very keen to marry but because of her illegal status it is not possible for her to leave Spain and then return. Is it possible for us to marry in Spain whilst her status is illegal and I am a resident of UK? Thanks

Non Spanish citizens can marry in Spain even, if both being non nationals, one of them is not living in Spain and the other one does live, although not legally, in the country.

The marriage can be celebrated either according to Spanish law before the judge taking care of the Register Office corresponding to the domicile were the one being in Spain is registered in the census (empadronado), or according to foreign law before the foreign Consulate in Spain.

In both cases the requirements are similar although with slight diferences.

Consultas y comentarios

  • my husband is Spanish and I am resident in Spain . Our house is mine
    by ” separaciones de bienes “. do I have to give him any share of it if
    I get divorced or leave him.
    I bought the house after we were married.

    • admin-iuris

      Dear Kate,

      The divorce sentence will include the economic regime after the marriage. Unless there is some exceptional circumstance, as for instance, he receives the custody of the children, should there be any, the property will remain yours.

      Kind regards,

  • We are both spanish residents but are non catherlic we live in spain, we just want to know can we get married in spain?

    Aline Hutton09/19/2014
  • hello, i would like to ask, if a non eu citizen is married to a
    spanish citizen for one year then they divorce. can the foreign
    resident remain in spain? if they can, what will they need to do.Also,
    in the future would they be able to marry a different spanish citizen
    and if they did this would they need to return to their country of
    origin first? thank you

    Abigail Barker09/23/2014
    • admin-iuris

      If you have a resident permit, it will only be a matter on renewal. After divorce, if you want to marry again, you could do so with anyone you want, no matter his citizenship. No need to return to the country of origin. Kind regards,

  • I came from South Asia and living in Spain with my Spanish girl friend
    for last 6 months. We got marriage three month ago at Centro Islamico
    Barcelona. My girl friend is Spanish national. We want to move Denmark
    for work. Please answer the following questions:

    1- Does Centro Islamico marriage certificate is legally accepted in
    other country?

    2- What is the legal value of those people who do not have any visa of
    EU or Spain but are registered in Spain as “Padro Muncipal D’

    3- What services you can provide us in this regards?

    Amir Ighani10/02/2014
    • admin-iuris

      Your marriage should be registered in the “Registro Civil” in order to be formally recognised. Once it is valid in Spain, it will be valid overseas.

      Padrón Municipal is not enough to have a work permit. You need to be resident in a EU country and ask for a work permit. After that you would be able to move within the EU countries under Schenghen treaty.

      We can provide advice throughout all the proceedings order to obtain these permits.



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