Marriage in Spain
General cases
Marriage in Spain with an international connection is not merely a ceremony: it is a civil legal act that affects civil status, residence, assets, succession, family mobility and, in certain cases, social rights and the future application for Spanish nationality.
The country where the marriage takes place, the spouses’ nationalities, habitual residence, domicile and any previous relationships may significantly alter both the procedure and the legal effects of the union.
Spanish law allows Spanish nationals to marry either in Spain or abroad, in accordance with the forms recognised by Spanish law and, abroad, also in accordance with the form provided for by the law of the place of celebration, pursuant to Article 49 of the Spanish Civil Code.
Where both parties are foreign nationals, the marriage may be celebrated in Spain either in the Spanish form or in accordance with the personal law of either party, under the terms of Article 50.
This does not, however, mean that anyone can travel to Spain, immediately enter into a civil marriage and, by that act alone, obtain residence, nationality or any other immigration status.
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1. Residence and celebration of the marriage
Under the Spanish civil form, the celebration of the marriage generally requires the prior processing of a marriage record or file to verify the parties’ identities, legal capacity, the absence of impediments or their waiver, and the validity of their consent.
In Spain, jurisdiction to process the procedure is generally linked to the domicile of one of the parties, pursuant to Articles 51 and 56 of the Civil Code and Article 58 of the Civil Registry Act.
A person’s mere stay as a visitor does not, by itself, constitute a civil domicile.
Where one or both parties reside abroad and the Spanish consular authorities have jurisdiction, the file may be processed within the relevant consular district.
The law also allows the marriage to be celebrated subsequently before another authorised authority.
Accordingly, travelling to Spain solely for the ceremony, without a domicile-based connection supporting the application or a procedure previously authorised by the competent authority, should not be presented as a viable option.
Celebrating the marriage does not automatically grant the foreign spouse a residence permit.
Third-country nationals who are family members of Spanish nationals are subject to a specific immigration procedure, currently governed by Articles 93 et seq. of Royal Decree 1155/2024, without prejudice to situations governed by the European free-movement regime.
Marriage also does not automatically grant Spanish nationality.
The spouse of a Spanish national may benefit from the reduced one-year period of legal residence required to apply for nationality only:
If, at the time of filing the application, the parties have been married for at least one year, are not legally or de facto separated, and the other requirements of Article 22 of the Civil Code are met.
In international marriages, foreign documents may, where applicable, require the relevant apostille or legalisation and a sworn translation, subject to the exceptions established by treaties and European Union law.
2. Marriage celebrated abroad
A Spanish national may marry abroad in accordance with the form permitted by the law of the country where the marriage takes place.
For the marriage to be fully recognised under Spanish law, it must be registered with the Spanish Civil Registry on the basis of the relevant foreign certificate, provided that the marriage is valid and effective under the applicable law.
Registration is not the same as simply translating the document.
The registry authority may examine the formal validity of the marriage, the spouses’ legal capacity, the absence of impediments, its compatibility with Spanish public policy and the existence of genuine and valid matrimonial consent.
Polygamous marriages celebrated abroad do not, as a general rule, receive recognition equivalent to that afforded to monogamous marriage under Spanish law.
For immigration purposes, Articles 66 and 94 of the Immigration Regulations prevent more than one spouse from obtaining the corresponding permit, even where the foreign national’s personal law permits polygamy.
Spanish law fully recognises marriage between persons of the same sex.
Under Article 44 of the Civil Code, it is subject to the same requirements and produces the same effects as marriage between persons of different sexes.
3. Matrimonial property regime
The matrimonial property regime determines, among other matters, ownership and management of assets, liability for debts and the manner in which the spouses’ property is divided upon termination of the regime.
It is not necessarily determined by the place where the ceremony takes place.
For international marriages where the applicable law must be determined in Spain, Regulation (EU) 2016/1103 has universal application, meaning that:
Its rules may apply even where both spouses are foreign nationals, the marriage was celebrated outside the European Union or the designated law is that of a non-EU state.
As regards applicable law, its provisions apply to marriages celebrated or choices of law made after 29 January 2019.
Subject to the formal requirements, the spouses may choose the law of the state of either spouse’s habitual residence or nationality at the time of the agreement.
In the absence of a valid choice, the applicable law is determined successively by the law of the spouses’ first common habitual residence after the marriage, the law of their common nationality at the time of the marriage and, ultimately, the law of the state with which both spouses have the closest connection.
4. Marriage in Spain: the three matrimonial property regimes
For marriages celebrated before 2019, where no subsequent choice of law was made, the transitional provisions and the conflict-of-law rules previously in force must be examined, including, where relevant, Article 9.2 of the Civil Code.
The date of the marriage is therefore an essential element of the analysis.
Under the ordinary Civil Code, there are three basic regimes:
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Community of acquisitions — sociedad de gananciales.
In general terms, the income and benefits obtained by either spouse during the marriage become common property and are divided equally when the regime is dissolved.
Assets owned before the marriage and assets acquired gratuitously, such as inheritances and gifts, generally remain separate property.
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Separation of property — separación de bienes.
Each spouse retains ownership, management and control of the assets they already owned and those they acquire during the marriage.
As a general rule, each spouse is responsible for their own obligations, without prejudice to family expenses and the rules protecting the family home.
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Participation in acquisitions — régimen de participación.
During the marriage, this regime operates in a manner similar to separation of property.
When the regime ends, each spouse acquires the right to participate in the gains obtained by the other, in accordance with the calculation rules established by law.
Where the ordinary Civil Code applies, the community of acquisitions regime is the default regime in the absence of valid matrimonial agreements.
The spouses may establish or change their regime by public deed, either before or after the marriage, without prejudice to rights previously acquired by third parties.
Spain, however, does not have a single body of matrimonial civil law.
Certain territories retain their own civil law, traditionally referred to as regional or special civil law.
Accordingly, the default regime may be separation of property in Catalonia and the Balearic Islands, the Aragonese community property regime in Aragon, the community of acquisitions regime in Navarre or, in certain areas of the Basque Country, the regional community of property regime.
The European e-Justice Portal provides a brief explanation of these territorial matrimonial regimes in Spain.
To determine whether regional civil law applies, the applicable law governing the matrimonial property regime must first be identified, and only then can the relevant territorial civil law be determined.
For marriages exclusively between Spanish nationals, this identification is made under Articles 9.2 and 16 of the Civil Code.
For international marriages, the rules of Regulation (EU) 2016/1103 apply, including Article 33, which concerns states with more than one territorial legal system.
Whether a Spanish national is subject to the ordinary Civil Code or to regional civil law is determined by their civil-law affiliation.
5. Marriage in Spain: civil-law affiliation
A person’s civil-law affiliation may arise from parentage or adoption, from certain statutory choices or from continuous residence for two years accompanied by an express declaration of intent (or for ten years without a declaration to the contrary).
Marriage does not automatically change a person’s civil-law affiliation, although a spouse who is not legally separated may opt for the other spouse’s affiliation.
Civil-law affiliation should not be confused with Spanish nationality, immigration residence, tax domicile, registration with the local authorities or simply owning property in a particular territory.
Where it is recorded in the Civil Registry, the relevant entry may serve as evidence.
It is often not registered, however, making it necessary to examine actual and continuous residence, family and economic ties and other supporting evidence.
If the matrimonial property regime is not recorded in the Civil Registry, a notarial declaration of notoriety may be formalised under Article 53 of Law 15/2015.
The relevant civil-law affiliation is the one existing at the time indicated by the conflict-of-law rule, which is not necessarily the current one.
A subsequent change of residence or civil-law affiliation does not automatically alter the matrimonial property regime already established.
Foreign nationals who have not yet acquired Spanish nationality do not have a civil-law affiliation under Spanish law.
In international cases, the applicable territorial legislation is identified in accordance with Article 33 of the Regulation.
Accordingly, the mere celebration of a marriage in Barcelona, Palma, Zaragoza or any other city does not, by itself, determine the couple’s matrimonial property regime.
6. Unmarried partnerships and divorce
An unmarried partnership in Spain (pareja de hecho) is not the same as marriage and is not governed by a single, uniform national civil-law regime.
The requirements for establishing or registering such a partnership, as well as its property and succession effects, may vary depending on the applicable territorial legislation.
For immigration purposes, national legislation distinguishes between a registered partnership and a duly proven stable relationship, establishing separate requirements for each situation.
Divorce may affect residence, the matrimonial property regime, children, benefits between former spouses and a possible future application for Spanish nationality.
Where the residence regime for family members of Spanish nationals applies, residence is not automatically retained after divorce.
Article 99 of Royal Decree 1155/2024 allows an independent residence permit to be obtained in certain situations, subject to requirements relating to the duration of the relationship, custody of or access to the children, protection of victims and compliance with specific time limits.
Regarding matrimonial matters, our strategic approach coordinates documentation, consular and registry procedures, real estate assets, and family residence, comprehensively considering the relevant jurisdictions and the couple's specific situation.
Once you are familiar with the general aspects of marriage in Spain, select the topic below that best applies to your case: