Marriage Documents and Paperwork for Foreign Couples

If you’re a foreign couple planning to get married in Madrid, the first question is usually what documents you’ll need and where to submit them. On this page we bring together — each answer backed by its official source — the documentation and the preliminary procedure, the “expediente matrimonial” (marriage file), that must be completed before the wedding.

The marriage file can be processed through two routes: through the Civil Registry (Registro Civil) of the place of residence of one of the spouses-to-be, or through a notary, a route enabled by the Instruction of the Dirección General de Seguridad Jurídica y Fe Pública of 3 June 2021, which tends to be faster for foreign couples working to a tight schedule.

Below we answer, question by question and always with the official source visible, the most common doubts about this procedure. If you still have questions about your specific situation after reading them, get in touch and we’ll help you work it out.

Looking for a quick overview of the three topics that matter for getting married in Spain, or want to jump straight to ceremony types and legal validity? Go back to Destination Weddings in Spain.

Frequently Asked Questions

What documents does a foreign national need to get married in Spain?
A foreign national who wants to marry in Spain needs to submit, together with their future spouse, a completed application, a valid ID card, passport or NIE, a full birth certificate issued less than a year ago, and proof of address (padrón); if unmarried, they also need a certificate of legal capacity to marry or, where applicable, a certificate of being unmarried, as required by the law of their country. Two properly identified witnesses must also make a declaration, and anyone previously divorced or widowed must provide the full certificate of the earlier marriage (with the marginal note of divorce or annulment, or the full death certificate of the deceased spouse, as applicable).

Source: Comunidad de Madrid — Civil Marriage (Matrimonio Civil)

What is the expediente matrimonial (marriage file) and what is it for?
The 'expediente matrimonial' (marriage file) is the mandatory preliminary procedure that proves the future spouses meet the legal requirements to marry and that there is no impediment between them. It is a mandatory step before the wedding: without it, the marriage cannot be authorised. The procedure ends with a ruling that authorises or denies the marriage.

Source: BOE — Law 20/2011 on the Civil Registry, art. 58.2-58.3

What are the two routes for processing the marriage file — the Civil Registry or a notary?
The marriage file can be processed through two routes: through the letrado/a of the Administration of Justice (or the Civil Registry official) of the place of residence of one of the spouses-to-be, or through a notary in that same place of residence. The notarial route is regulated by the Instruction of the Dirección General de Seguridad Jurídica y Fe Pública of 3 June 2021, and for foreign couples working to a tight schedule it tends to be the faster option.

Source: BOE — Law 20/2011, art. 58.2 (two routes of the marriage file)

Which Civil Registry or notary handles it if we live in different cities?
If the two of you have different places of residence, you can choose between the Civil Registry (or notary) of either one's residence. If one or both of you live abroad, the preliminary procedure may be handled by the diplomatic or consular official of the consular district where you live.

Source: administracion.gob.es — General Access Point, Marriage section

Once the marriage is authorised, how long do we have to hold the ceremony?
You have one year from the publication of the marriage banns (or the substitute proceedings) to hold the ceremony. If that period passes without the marriage taking place, you cannot hold it without repeating the procedure from the start.

Source: BOE — Law 20/2011, art. 58.5

What is the certificate of legal capacity to marry, and how long is it valid?
The certificate of legal capacity to marry is the document that proves you are legally free to marry under the law of your country, and it is required if you marry abroad under that law or in a religious form. It is valid for only six months from its date of issue, so it is best to request it close to the date you will actually use it.

Source: administracion.gob.es — Marriage section

Do foreign documents need to be apostilled and translated?
Yes: foreign public documents you submit (birth certificates, civil status certificates, etc.) need the Hague Apostille to be valid in Spain, unless a legal exception applies. In addition, if they are in a language other than Spanish, they must be accompanied by a translation made by a certified (sworn) translator, and if you do not speak Spanish, you must attend the procedure together with a certified translator.

Source: Ministry of Justice — sede.mjusticia.gob.es, Hague Apostille

Can we get married in Madrid if neither of us lives in Spain?
It depends on your specific situation: Spanish law requires the marriage file to be processed by the Civil Registry or a notary in the place of residence of at least one of the spouses-to-be, and the exact route for couples without residence in Spain varies depending on nationality, individual circumstances and, in some cases, the consular route. We cannot give you a single, safe answer here for your specific case. We recommend consulting directly with a specialist in marriage procedures for foreigners, or with the Civil Registry office that corresponds to your situation, before setting a date.

Source: administracion.gob.es — General Access Point, Marriage section

The information on this page is for general informational purposes about the process of getting married in Spain. It does not constitute legal advice. Procedures, deadlines and requirements can change and vary depending on nationality, region and each couple's specific situation. Before making decisions, please verify the information directly with the official source cited in each answer, and if you have questions about your own case, consult a professional (a gestoría, a notary, or the relevant Civil Registry office).

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