Getting married in Pays Vasco
Posted: 11 February 2008 01:56 AM  
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I would really appreciate some advice regarding the Spanish marriage laws for non-residents.  My partner and I met and used to live in San Sebastian, Pays Vasco.  I am British and he is a Kiwi (with an EU passport).  We now both live in New Zealand but want to go back to San Sebastian for a trip in August to get married there.  Can anyone advise if we have to reside in Spain for any amount of time before we can legally marry there?  As we are living on the other side of the world we will probably only be over in Spain for a week before the wedding.  Your help would be much appreciated.

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Posted: 11 February 2008 03:01 AM   [ # 1 ]  
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In Madrid, applications for civil marriage are made at the Civil Registry at Calle Pradillo, 66, 28002 Madrid, Tel. 91-397-3700, Fax: 91-397-3779. Outside of Madrid, one applies to the District Court of the bride’s or groom’s residence. One normally needs the following documents:
Application form. Available from the Civil Registry or the District Court.
Birth certificate. This must be an original document bearing the Apostille of the Hague (see Mutual Recognition of Documents). In addition, a translation authenticated by a Spanish consulate in the U.S must be provided.
Proof of freedom to marry. For Spaniards, the Civil Registry has a document for this purpose. Since there is no equivalent document in the U.S., a sworn statement to the effect that the parties are single and free to marry, signed before an American Consul can be used.
Certificate of residence. This document may be obtained at the Junta Municipal of the Tenencia de Alcaldia in the district of residence. If an American is not a permanent resident in Spain, he/she can sign an affidavit before an American Consul indicating his/her place of residence for the last six years.
Posting of Banns. The Posting of Banns is a public declaration of intent to marry. The Embassy or Consulate may issue a letter explaining it is not required in the U.S.
Certificate of Consular Inscription. The Embassy or Consulate can produce this letter once you have registered as a U.S. Citizen in Spain.
If one party was previously married , he/she must present the previous marriage certificate and proof the marriage no longer exists (a divorce decree, an annulment certificate or a death certificate). The documents must be original, bear the Apostille of the Hague, translated into Spanish and the translation authenticated.
Birth Certificate. It must be translated and the translation authenticated.
Baptismal Certificate. It must have been issued no more than six months prior to the wedding and authenticated by the Bishopric of issuance. It must be translated and the translation authenticated.
Proof that Both Parties are Free to Marry. For Americans this consists of a sworn statement by the parents of the party stating he/she has never been married, witnessed by the parish priest. One should note that a statement made by the party him/herself, while acceptable to the Civil authorities, is not acceptable to the Bishopric in Madrid. The Church insists on a statement by the parents. The Bishopric of the parents’ place of residence must authorize and seal the statement.

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Posted: 11 February 2008 10:31 PM   [ # 2 ]  
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Hi Lucie,
Congratulations on your impending wedding!! ummmm don’t want to sound overly dramatic or anything, but you may find things more difficult than you had imagined if you’re planning on getting married here. I’m a New Zealander and married my (spanish) partner here last summer. First of all: (and I’m not entirely sure on this because my husband is spanish so it wasn’t my case), I’m pretty sure there is a minimum time that at least ONE of you needs to have spent residing in Spain - maybe one has to be empadronado??..don’t know.. secondly, the paperwork takes ages. You’ll need translations and apostile sealed copies of everything ($$$!!) and then it takes at least a month for the marriage licence to be processed (unless funcionarios in the Pais Vasco are more efficiant than those in Madrid - which wouldn’t be difficult!). Oh and one more thing that I hadn’t counted on…they don’t have what we know as marriage celebrants. If you have a civil wedding you’ll probably have to get married at the town hall. We planned the wedding in a village and rocked up to the town hall with our marriage license from Madrid and told them we wanted to get married at the rural house down the road on Saturday the such-and-such. They told us they didn’t do weddings on Saturday. (I almost had a heartattack because we’d already sent out the invitations! :ahhh:  )  So basically we had to chat up the mayor who ended up doing us a special favour. Don’t want to put you off because at the end of the day all the stresses and setbacks are worth it!!! Just warning you so you’re fully prepared and can plan things knowing the time it takes for things to get done!

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