Process before the marriage ceremony is done
What is it?
This is the procedure prior to the marriage ceremony, through which the partners accredit, in the records processed according to civil registry legislation, which contains the capacity requirements established in the Civil Code for getting married.
Where are they done?
The legal procedure for civil matrimony must always be started at the civil registry in the municipality where one or both of the future partners have their residency or primary residence. If they reside in different cities, they may select the most convenient registry.
What documentation is needed?
When starting the process, you must provide the following documentation:
- Marriage application (provided by the civil registry)
- Photocopy of both DNIs or, where applicable, passport or residency card, and the Family Book if there are children
- Up-to-date and original birth certificate issued by the civil registry of the birth city of both partners.
- Census registration certificate issued within the last three months. This certificate is issued by the city council.
- For widows and widowers, the death certificate of the spouse and the certificate from the first marriage
- For people who are divorced or have had marriages annulled, the original marriage certificate, on which there will be a margin entry on the divorce or annulment
- For minors 14 to 16 years of age, they must first have the age restriction overruled, which is done at the civil registry Minors from 16 to 18 years of age must obtain emancipation by concession from their parents or the parties holding legal guardianship. After emancipation, they must provide the original birth certificate with a marginal entry of emancipation.
- Foreigners must provide a certificate from their consulate or embassy accrediting their registration and civil status. The consulate or embassy will also notify foreigners if they need to present a certificate of marriage capacity. All foreign documents must be duly notarised and translated by a sworn translator.
Where do I present the documents?
- In person in the matrimony division of the appropriate civil registry, or by post by mailing it to the appropriate civil registry
- In general, anybody can file the documents and the presence of the couple to be married is not required. But find out at the appropriate civil registry
Appearance with witnesses
- After examining the documentation presented, the assigned judge issues an order, by which a matrimony record is opened and a date and time assigned when the couple must appear.
- The couple must bring their original DNIs, passports or residency cards, and appear with a witness of legal age who knows them (can be a family member or friend). The appointment is sent by post to the address on the application.
- The couple must swear under oath on their civil status and the witness has to testify about the truthfulness of the information provided on the application.
Conclusion of the record
- The assigned judge from the civil registry rules on the outcome of the proceeding. If it is approved and complete, the judge authorises the marriage ceremony.
- The marriage record and the list of information on both partners is sent directly to the authority with whom the ceremony will take place, or it can be picked up in person from the civil registry on the assigned date.