Marriage
The Civil Code (articles 44 to 80) governs marriage: anyone over 18, or emancipated at 16, of the same or opposite sex since Law 13/2005, may marry. Since Law 20/2011 on the Civil Registry came fully into force (April 2021), the preliminary file (expediente) is processed at the Civil Registry, before a notary or before the court clerk (letrado de la Administración de Justicia), and the ceremony is performed by the justice of the peace, the mayor or a delegated councillor, the notary or the clerk, with two adult witnesses. Catholic, Protestant, Jewish and Muslim marriages, and those of religions with recognised standing (Orthodox, Buddhist, Jehovah's Witnesses, Mormon), produce civil effects once registered. Surnames do not change. The default matrimonial regime is community of acquisitions (sociedad de gananciales) under common Spanish law, separation of property in Catalonia and the Balearics.
Spain is home to the largest British community in Europe: roughly 290,000 UK nationals are registered on the municipal padrón, with estimates well above that when part-year residents are counted, concentrated in Alicante province (the Costa Blanca), Málaga (the Costa del Sol), the Balearic and Canary Islands, Murcia and Almería. The movement began with package tourism in the 1960s, became mass retirement migration from the 1980s, and survived Brexit: those resident before 2021 hold the TIE card under the Withdrawal Agreement, newcomers need a visa (non-lucrative, work, digital nomad) and non-residents are limited to 90 days in any 180.
A British national marrying in Spain needs a certificate of no impediment (CNI) — obtained from the register office in the UK, not from the consulate, which stopped issuing them in 2014 — apostilled and translated by a sworn translator (traductor jurado), plus a birth certificate and proof of marital status; the Civil Registry will also hold a private interview when one spouse is foreign. There is no UK registration of foreign marriages: a Spanish marriage certificate (certificado literal or the multilingual extract) is valid in the UK as it stands, and the General Register Office will simply deposit a copy if asked.
Key points
| Age | 18; 16 if emancipated (the judicial dispensation at 14 was abolished in 2015) |
|---|---|
| Preliminary file | Civil Registry, notary or court clerk: birth certificates, proof of registered address (empadronamiento), declaration of marital status, ID; private interview |
| Ceremony | Justice of the peace, mayor or councillor, notary, court clerk; two adult witnesses |
| Timing | One to three months at the Civil Registry depending on the city; a few weeks before a notary |
| Cost | Free at the Civil Registry and the town hall (some charge a fee for ceremonies outside the building); notary 150 to 300 euros for the file |
| Foreigners | Certificate of no impediment or of marital status, apostilled and translated; no legal residence required to marry |
| Default regime | Community of acquisitions under common law; separation of property in Catalonia and the Balearics; conjugal consortium in Aragon |
| Surnames | Do not change |
| Nationality | One year of legal residence is enough for the foreign spouse to apply for Spanish nationality — but the UK and Spain both allow dual nationality only in limited cases: Spain requires renouncing British nationality on paper, a formality many ignore |
In practice
- Book an appointment at the Civil Registry of your domicile (or go to a notary, faster but paid) with birth certificates, proof of address for the previous two years and the sworn declaration of marital status.
- When one party is foreign the file includes a private interview of each, to rule out a marriage of convenience; the certificate of no impediment expires after six months in most countries that issue it — request it when the file is close to approval, not at the start.
- Once the file is approved you choose the place and the officiant: justice of the peace, town hall or notary; the wedding may take place in any Spanish municipality.
- Marriage contracts (capitulaciones, the choice of regime) are signed before a notary before or after the wedding and recorded at the Civil Registry.
- A religious marriage replaces the civil ceremony but not the preliminary file (except a Catholic one, which has its own canonical file) and must be registered at the Civil Registry.
Cost and coverage
File and ceremony free at the Civil Registry and most town halls; municipal fees of 50 to 300 euros in some cities for the ceremony; notarial file 150 to 300 euros and a similar amount for a notarial ceremony. Sworn translations (30 to 60 euros a page) and apostilles extra.
Recent changes
Law 20/2011, fully in force since 2021, digitised the Civil Registry and allowed the file to be handled by a notary; waiting times at the registries of large cities remain months. Since 2015 nobody under 16 may marry. British applicants have needed the UK certificate of no impediment, rather than a consular one, since 2014.
Where to go
- Civil Registry of your domicile (Ministry of Justice): marriage file.
- Town hall (justice of the peace or councillor): ceremony.
- General Council of Notaries (notariado.org): notaries who process and celebrate marriages.
- British Consulates in Madrid, Barcelona, Alicante, Málaga, Palma, Las Palmas and Santa Cruz: guidance on documents (they no longer issue certificates of no impediment).
Worth knowing
The foreign spouse's certificate of no impediment expires after six months in most issuing countries: ask for it when the file is about to be approved, not at the beginning. And without a marriage contract, the regime is that of the law of the first common domicile, not of nationality — a British couple settling in Alicante falls under Spanish community of acquisitions unless they say otherwise.
Frequently asked questions
Is a marriage celebrated in Spain valid in the UK?
Yes, automatically, provided it was valid under Spanish law and both parties had capacity under the law of their domicile. There is no need — and no procedure — to register it in the UK; keep a certified copy of the Spanish certificate (the multilingual extract needs no translation) for pensions, immigration and inheritance.
Can two non-residents marry in Spain?
For a civil marriage at least one party must be registered (empadronado) in a Spanish municipality, so a couple flying in for a wedding cannot marry civilly on Spanish soil — they marry at home and hold the celebration in Spain, or one of them takes up residence first. A Catholic marriage in Spain is possible for non-residents through the diocese, and then registered.
What changes for a British spouse after marrying a Spaniard?
Residence: the spouse of a Spanish citizen obtains a family-member card (tarjeta de familiar de ciudadano de la Unión) valid five years, regardless of Brexit. Nationality: after one year of legal residence in Spain, application is possible, with Spanish language and civics tests; Spain asks British applicants to renounce their previous nationality in the oath, though the UK does not recognise that renunciation. Tax: a resident couple may opt for joint taxation.
Sources
- Civil Code — Title IV, marriage (articles 44-80) — BOE, consolidated text
- Ministry of Justice — marriage procedures — Civil Registry file
- GOV.UK — getting married abroad (Spain) — certificate of no impediment and documents
The general article: Marriage · Compare with another country
General sources
- Administración General del Estado — administracion.gob.es — official portal of Spanish public services, with pages in English
- Boletín Oficial del Estado (BOE) — Spanish legislation, official and consolidated texts
- British Consulates in Spain — gov.uk — living in Spain guide, consular help, lists of English-speaking lawyers