Marriage

What does marriage consist of?

Marriage is a legal institution, with constitutional recognition (article 32 of our Spanish Constitution), which in the civil sphere seeks to articulate family relations in such a way that, through this union, a legal bond is created between two persons that originates a community of life in which the spouses must respect each other, act in the interest of the family, be loyal to each other, help each other and provide mutual assistance. It is also necessary to state that, in accordance with the provisions of the law, the spouses shall have the same rights and duties in marriage, especially with regard to the care and attention of the other members of the family who are dependent on them and live with them, as well as the obligation to share domestic responsibilities.

Who can get married?

In accordance with current civil regulations, any man or woman may marry, provided that the following rules are met:

The contracting parties may be of different sexes (i.e., male and female) or of the same sex (i.e., two men or two women), in both cases having the same rights.
In order to contract a marriage, it is indispensable, as it cannot be otherwise, that both parties give their free and voluntary consent to the marriage.
Both parties must be of legal age (or, if applicable, emancipated minors).
That the future spouses are not already bound by a previous marriage bond.
That the contracting parties are not directly related to each other (specifically, relatives in the straight line by consanguinity or adoption and collateral relatives by consanguinity up to the third degree).

Example: straight line by consanguinity means that a son cannot marry his mother, or a grandson cannot marry his grandmother, etc. While collaterals by consanguinity cannot marry siblings to each other, or an uncle and his niece, etc.
None of the members has been previously convicted for having participated in the malicious death of the spouse or person with whom he/she was united by an analogous relationship of affectivity.

In these last two cases, if the requirements are not fulfilled (specifically, that of kinship between collaterals and that of the criminal conviction), it is necessary to point out that the law foresees the possibility of requesting a dispensation from the judge to allow the marriage.

Where will the family domicile of the married couple be established?

The spouses shall determine by mutual agreement the place of the family domicile, but, in case of disagreement, either spouse may apply to the judicial authority, which shall determine the domicile that corresponds to the interest of the family for legal purposes.

How will the daily life of the family that emerges from the marriage be organized?

In accordance with the provisions of the law, the family created by the marriage bond shall be managed by both spouses by mutual agreement, always taking into account the interests of all members.

Thus, in the interest of the family, either spouse may act alone to meet ordinary family needs and expenses, in accordance with customary social customs and the family's standard of living.
On the other hand, neither spouse may claim to represent the other, unless such representation has been expressly granted to him or her by means of a power of attorney.

In addition, it is necessary to know that both spouses must contribute to the support of the family expenses, in the way they agree, with the resources coming from their work or economic activity or from the assets of their patrimony, in proportion to their income or patrimony, taking into account that domestic work is a form of contribution to the family expenses.

<ejemplo>Sobre estos gastos familiares, hay que puntualizar que tendrán esta naturaleza, de conformidad con lo establecido por la ley, los originados en concepto de alimentos, los gastos ordinarios de conservación, mantenimiento y reparación de la vivienda y demás bienes de uso familiar, así como los derivados de atenciones médicas y sanitarias.<ejemplo>

In any case, the spouses have a reciprocal duty to inform each other, so that both must inform each other adequately of the asset management that they carry out in relation to the care of family expenses.

What are the implications of marriage on the disposition of the family home?

Indeed, another of the relevant consequences of the marriage is the effects that this one produces on the capacity of disposition of the family housing, because once the matrimonial bond is formalized, independently of the applicable matrimonial economic regime, and although the family housing was property of only one of the spouses (or by undivided quotas), this one will not be able to make any act of alienation, encumbrance or, in general, disposition of his right on the housing without the consent of the other one. Thus, if the family dwelling is to be sold or mortgaged, both spouses must agree and consent to such act or legal transaction.

On the contrary, if an act is produced without the consent of the other spouse, the same will be annullable at the request of the spouse who did not consent, as long as he/she lives in that dwelling, and for which the law grants him/her a term of 4 years since he/she has knowledge of the act or since it is registered in the Property Registry.

What benefits do the laws recognize to the members of the marriage?

In the following, we will try to compile a series of favorable aspects that different regulations recognize to the members of the marital union. Thus, among others, I would like to highlight:

In terms of social security, the possibility of accessing an eventual widow's benefit, if the requirements set forth in the corresponding regulations are met.
In inheritance matters, the recognition of a series of rights in favor of the surviving spouse, such as, for example:
~The right to the ownership of the household goods, as well as the so-called widow's year (which allows the widowed spouse to continue using the family home and to be fed from the deceased spouse's estate for one year).
~If applicable, the right to the so-called fourth estate, which allows the surviving spouse to claim up to a quarter of the liquid inheritance assets, when he or she does not have sufficient resources to meet his or her needs.
~Or in the case of intestate succession (i.e., without a will), in which the widowed spouse, if he or she is inheriting with children of the deceased spouse, will be entitled to the universal usufruct of the estate, while, if there are no children or other descendants, the surviving spouse will be the heir.
If the married couple lives in a dwelling rented by one of them, the law also recognizes the possibility for the other member to be subrogated to that rental contract if the other spouse who holds the contract wishes not to renew it or to withdraw from it.
The benefit of tax advantages in multiple taxes, such as the possibility of joint taxation in Personal Income Tax or the application of reduced rates in Inheritance and Gift Tax.
Obtaining paid leave recognized in the labor regulations when the marriage is celebrated, or in case of serious illness or accident of the spouse, as well as in the event of the spouse's death.

What are the economic implications of marriage?

When two people get married, they must know that as a result of this, their economic relations will be intensely affected, since the law determines that every marriage will be governed by a matrimonial property regime, that is to say, by specific rules that will determine how their assets are administered, to whom the assets they owned before the marriage belong, as well as those they acquire during the marriage and, even, the rights that each of them has in case of breakup or dissolution of the marriage bond.

What types of matrimonial property regimes are there and what are their main characteristics?

In the area of Catalan civil law, which is the area of activity of this notary's office, the following regimes can be identified:

THE SEPARATION OF PROPERTY REGIME: In this regime, each spouse has the ownership, enjoyment, administration and free disposition of all his/her property, with the only limits established by law. Each spouse retains ownership of the assets that belonged to him/her before the marriage, as well as those acquired during the marriage. Likewise, the onerous acquisitions that occur during the marriage belong to the spouse who is recorded as the owner.
Thus, for example, if two people are married in separation of property and one of them acquires a second residence, being acquired and registered only in favor of one spouse, such residence belongs only to him or her.
THE PROFIT SHARING REGIME: In this regime, each spouse has the ownership, enjoyment, administration and free disposition of all his/her property, with the only limits established by law. And unlike the previous one, in case the marriage bond is extinguished (for example, in case of divorce), each spouse will have the right to participate in the patrimonial increase obtained by the other during the time that this regime has been in force. Thus, when the regime is extinguished, the difference between the initial patrimony and the final patrimony of each of the spouses will be made and, in view of the result obtained:
- If only one of the spouses has obtained a capital gain, the other spouse will be entitled to half of the value of that gain.
  Thus, if Mr. Juan and Mrs. Maria were married under this regime, if at the time of the divorce, Mr. Juan had not obtained any increase in assets, while Mrs. Maria had increased her assets by 100,000, Mr. Juan would be entitled to obtain half of that increase, that is, 50,000 euros.
- If both have obtained an increase in assets, the one who has obtained less is entitled to the difference between the value of his/her own increase and that of the other spouse.
  In this case, following the previous example, if Mr. Juan had obtained an increase of 20.000€ and Mrs. Maria that already indicated increase of 100.000€, in this case, Mrs. Maria would have to deliver to Mr. Juan 40.000€, corresponding to half of the difference between the patrimonial increases of both.
THE COMMON PROPERTY REGIME: its main characteristic is that the profits obtained indistinctly by any of the spouses and the assets to which such character is conferred become common.
Thus, for example, if Mr. Juan and Mrs. Maria, when contracting marriage, decide to govern the same by this system, if during the union Mrs. Maria, as a successful lawyer, manages to collect 500,000 Euros derived from her professional activity, which are destined to the family savings, if finally the matrimonial bond is broken, half of that amount would correspond to Mr. Juan.
OTHER REGIMES: Finally, it should also be noted that the Catalan law provides for other matrimonial property regimes specific to certain specific geographical areas of Catalonia, such as, for example, the partnership for purchases and improvements, the "agermanament" or half-for-half agreement or the so-called "pacto de convivença or mitja guadanyeria".

In any case, as already indicated at the beginning of this question, these marital property regimes correspond to those provided for in Catalan legislation. However, in the event that the contracting parties have another civil status, the regimes provided for in other foral civil regulations or, if applicable, those provided for in the common Civil Law could be applicable to them.

How is the matrimonial property regime of the marriage determined?

In accordance with Catalan civil law, the matrimonial property regime will be determined:

Or by choice of the spouses, for which purpose they must execute a marriage contract.
Or, if they do not make an express choice by means of a marriage contract, in such a case, the supplementary legal regime of the first degree provided for in the Catalan law will be applicable, that is, the separation of property regime.

What are marriage contracts?

As it has just been indicated, the marriage contracts are a pact or agreement reached by the spouses (or future spouses, as will be seen), by virtue of which they fix the matrimonial property regime that will govern their union. Likewise, in these capitulations, the spouses or future spouses will also be able to make donations to each other, to fix any other lawful stipulations and pacts that they consider convenient, and even to reach agreements on how an eventual matrimonial breakup should be articulated. If you wish to obtain more information about this institution, you can consult the section dedicated to it in our web site.

What is the matrimonial file?

The matrimonial file is the first phase of the process that the future spouses must follow to celebrate their marriage. For this purpose, this first phase must be carried out before the Civil Registry office, so that the future spouses must both go to the Civil Registry office that corresponds to them, according to their place of residence, and initiate this matrimonial file, submitting an application to that effect, together with all the corresponding documentation.

Once the application has been submitted and all the corresponding documentation has been provided, the file will be processed, and for this purpose, an instructor will be appointed to review all the documentation and ensure that it is correct, and also to interview both parties, in private and separately, to ensure that there is no impediment or legal obstacle to the marriage.

Once this procedure is completed, if everything is correct, the Judge in charge of the Civil Registry will finally issue an order approving the file, after which the marriage may be celebrated before the authority or official chosen, on the corresponding day and time.

Who is responsible for initiating the matrimonial proceedings?

As indicated in the preceding question, those responsible for initiating the marriage proceedings at the corresponding Civil Registry will always be the bride and groom, i.e., the future spouses.

How far in advance should the marriage proceedings be initiated at the Civil Registry Office?

The time in advance to initiate the marriage proceedings will depend on the workload and possibilities of each Civil Registry. However, it usually takes two or three months from the beginning of the process until the favorable order for the celebration of the marriage before a notary is issued.

In which Civil Registry do I start the procedures?

The procedures of the matrimonial file will have to be initiated in the Civil Registry of the locality where the bride and groom are registered. In case, of being registered in different addresses, they will be able to go to initiate the procedure of the matrimonial file to the competent Civil Registry of any of both addresses.

From when can the notary start processing the matrimonial file?

The full entry into force of Law 20/2011 of July 21, 2011 on the Civil Registry is scheduled for April 30, 2021, although a progressive application of the same has been foreseen, for which reason the deadlines are still pending, which will be reported as soon as the manner in which this new regulation will be applied is clarified.

Thus, as soon as this regulation enters into force, one of its main points is the authorization to Notaries to process and approve the matrimonial file, a competence that, until now, was the exclusive competence of the Civil Registries.

For the time being, a progressive implementation is planned, starting in Madrid and Barcelona, as precursor cities and on a trial basis, with a planned implementation in Barcelona during autumn 2021.

Thus, when the Notary is in charge of the Matrimonial File, the same will conclude with a Notarial Act, that is, a document authorized by the Notary, in which he/she will authorize, or not, the celebration of the marriage.

Who is responsible for initiating the matrimonial proceedings?

The same as when the file is processed at the Civil Registry, if the Notary is chosen, the persons in charge of initiating the process of the matrimonial file will always be the bride and groom, that is to say, the future spouses.

Can I choose different notaries for the processing of the matrimonial file and the celebration of the marriage?

There is no problem. The matrimonial file can be carried out before another Notary or even Registry, for example, for reasons of proximity, and request the transfer of the act authorizing the marriage, for the celebration of the marriage in another Notary's office, if so desired.

How much time in advance should the marriage proceedings be initiated before the chosen Notary Public?

The time in advance to initiate the process of the matrimonial file will depend on the workload and possibilities of each Notary. In the case of Jesús Benavides Lima Notary Office, and although the practical application of this new competence is still pending, it is expected to last one month, from the beginning of the matrimonial file until the ceremony is celebrated, in our Notary Office, if the ordinary deadlines are met and no unforeseen situation occurs that delays the processing.

Which notary is competent to carry out the procedures?

The matrimonial proceedings may be initiated at the Notary Public of the locality where either of the bride and groom are registered.

What are the advantages of processing the marriage file before a Notary Public?

Undoubtedly, the great advantage of processing the file before a Notary is the speed with which we will be able to conclude the process, because unfortunately, due to the lack of material and human resources that the administration of justice suffers, in many occasions, the approval of the matrimonial file can take many months in the corresponding Court.

On the other hand, if you choose the Notarial route, thanks to the agility and speed of the personnel in charge and the available means, in a few weeks we will be able to have our matrimonial file approved, which means that the celebration of the marriage can take place in a much shorter period of time.

If I want to celebrate my wedding before a Notary Public, what should I do?

If I want to celebrate my wedding before a Notary Public, I must take into account the following issues:

First of all, it will be necessary to find a Notary Public of our choice, among those who are competent in the place of celebration of the marriage. For this purpose, we will have to contact that Notary and specify if the celebration of the wedding, under the conditions we are interested in, is possible.
Once the notary has been chosen and the matrimonial file has been favorably resolved, either by means of an order (when it is carried out by the Registry) or by means of an act (when it is carried out by a notary), whichever way is chosen, all that remains is to set a date and time for the celebration of the marriage in the notary's office.

When should I reserve an appointment at the Notary's office?

The schedule for booking a time at the notary's office will be very different depending on:

If the matrimonial file is formalized through the Civil Registry: Before reserving a date and time for the signing at the Notary's office, it is convenient to know the date on which the bride and groom will have at their disposal the final and favorable order issued by the Civil Registry where the marriage is authorized. Therefore, as soon as the Registry informs the bride and groom about the date on which the order will be delivered, the chosen Notary Office can be contacted to check the availability of the desired signing date.
If the matrimonial file is formalized directly before a notary, it will be enough to fix and agree with the notary the calendar for the celebration of the wedding. Evidently to formalize the matrimonial file before a notary is much more agile and dynamic to specify the day and hour of celebration, because it requires less foresight.

Can the Notary Public sign the celebration of the marriage outside the Notary's office?

The Notary, in accordance with the regulations and the current interpretation of the Association of Notaries of Catalonia, may not grant the deed of celebration of marriage outside the notary's office.

Can one of the spouses get married before a Notary Public by means of a power of attorney?

It will be possible to sign the marriage deed by proxy. However, the following requirements must be met:

A special power of attorney is required exclusively for marriage.
If the power of attorney was granted before a foreign Notary Public, it must be translated and apostilled.
The power of attorney must have a fixed maximum term, so it cannot be indefinite.
The proxy or representative must be of legal age and understand Spanish perfectly.
The attorney-in-fact or representative may not be either the other party or any of the witnesses.

Can I get married before any Notary Public regardless of where the parties are registered?

Indeed, the bride and groom have the right to freely choose the notary they wish, as long as he/she is competent in the place where the wedding is to take place.

<ejemplo>Por Ejemplo: Si los novios son catalanes, han tramitado el expediente matrimonial ante un notario en Barcelona o en el propio Registro Civil de Barcelona, nada les impide poder celebrar el matrimonio en Ibiza. Pero en este caso, deberá ser un notario competente en Ibiza quién oficie la ceremonia.<ejemplo>

In the event that the bride and groom have processed the matrimonial file before a Notary Public, once said file has been processed, they must request its transfer to the competent Notary Public in the place of the celebration.

Can foreigners get married in Spain?

Yes, as long as it has been authorized by the Civil Registry in which the matrimonial file has been initiated. The Notary does not decide who can or cannot get married, he/she only signs the marriage deed that has been previously authorized by a Judge, since the Spanish Civil Code, in its article 50, includes the possibility of contracting a civil marriage in Spain in the case that the couple is foreign.

How can two Spaniards residing outside Spain get married in Spain?

In the case of Spaniards residing outside of Spain, the future spouses must go to the Spanish consulate of the country in which they reside, since the consular Civil Registry is located there and is where the entire marriage file must be processed. The Consulate will indicate the documentation to be presented and they must always provide it following their instructions. To this effect, in the web of the Ministry of Foreign Affairs you can find information on the Consulate that corresponds in each case (HERE).

What does the signing of the marriage before a Notary Public consist of?

The signing of a civil marriage deed before a Notary is a simple ceremony, but without losing emotionality. The Notary will read the deed to the bride and groom and the rest of the guests and after asking them the legally established questions, the signing of the deed by the bride and groom, witnesses and the Notary himself, who at the end will declare them united in marriage, will take place. In the celebration itself, the notary has foreseen a moment within the reading of the deed for the delivery of the rings if the bride and groom wish it.

Who can be a witness?

The regulations establish a minimum of two witnesses. The requirements for the election of these witnesses are that they must be of legal age and understand Spanish. They can be relatives, friends or acquaintances.

When is the marriage deed paid for?

The payment of the notarial fees may be paid either prior to the signing of said documents or, if applicable, on the same day of the signing, the notarial office itself will duly inform you of the different means of payment available to you. Subsequently, once the registration of the Marriage in the Civil Registry has been completed, the notary's office will contact the spouses to inform them that they can now go to collect their final document, together with the liquidation of the surplus, if any, that may have occurred with respect to the provision of funds paid.

What is a marriage?

What documentation do I need to go to the notary to formalize a marriage?

National identity card

2 witnesses of legal age

Matrimonial file

How much does it cost to get married before a notary?

More frequently asked questions

Related articles

Where can I consult the applicable regulations?

Make an appointment

Select date and time and make your appointment online.

Thank you very much!

Thank you very much!

Marriage

What is a marriage?

What documentation do I need to go to the notary to formalize a marriage?

National identity card

2 witnesses of legal age

Matrimonial file

How much does it cost to get married before a notary?

More frequently asked questions

Related articles

Same-sex marriage in Spain and the possibility of getting married before a notary public today.

Why are marriage contracts important?

Do you want to get married before a notary?

Where can I consult the applicable regulations?

Make an appointment

Select date and time and make your appointment online.

Thank you very much!

Thank you very much!

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National identity card

2 witnesses of legal age