Help please - Marriage/name issues and legality
Posted: 22 July 2008 01:34 PM  
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I’d be really grateful if someone could help me - I’ve called the consulate here in Malaga and combed the net but have no answers…

I am a British National resident in Spain and am marrying a Spaniard in Gibraltar very shortly.
Will he and I need to register the marriage here in Malaga?
I don’t know what name to take. I know that here in Spain, women usually keep their own (maiden) name. I don’t want to keep my surname because it is from a previous marriage. My Spanish partner seems to think that if I take his name, it may cause problems here in Spain because it’s not the norm and there may be questions asked - re being inter-related. As far as a UK marriage is concerned (which is what a Gibraltar marriage is?) I have read that I could keep my maiden name or take my husbands and not need to make any changes by Deed Poll.
I considered taking half of his name and one of my names and looked at obtaining a Deed Poll but am not sure if this will cause complications here.

Any suggestions please? - I’m stuck 😊)

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Posted: 22 July 2008 06:14 PM   [ # 1 ]  
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HeatherB - 22 July 2008 01:34 PM

I’d be really grateful if someone could help me - I’ve called the consulate here in Malaga and combed the net but have no answers…

Have you tried the Spanish equivalent of Births, deaths and marriages, your partner will know the address of the Registro Civil.

I am a British National resident in Spain and am marrying a Spaniard in Gibraltar very shortly.

Why marry in Gibraltar ?

I`m married to a Spaniard, we did it in her home town in Spain, much better meal.

Will he and I need to register the marriage here in Malaga?

I don`t remember the legalities my wife did, I had to put a notice with the registrar of my home town in the UK, as you would if you were marrying in UK, but in Gibraltar I guess you`ve already done that.

I would imagine though as a Spanish citizen, newly married to a British citizen he would be required to register and be intitled to your Libro de Familia.

i`m pretty sure any person getting married has to register the marriage in the country they were born and if both persons come from different countries, they have to each register.

I don’t know what name to take. I know that here in Spain, women usually keep their own (maiden) name.

Causes us no end of explenations, but basically my wife kept all her name and sticks my last name on the end.

It can be confusing when children get born, see the legalities here, scroll to chapter three for naming info.

http://translate.google.com/translate?hl=en&sl=es&u=http://noticias.juridicas.com/base_datos/Privado/lrc.t5.html&sa=X&oi=translate&resnum=6&ct=result&prev;=/search?q=donde+registro+civil+libro+de+familiahl=ensa=G

I don’t want to keep my surname because it is from a previous marriage.

His middle name is used as the surname, so i would stick that at the end of your name.Don`t use your previous married name, always your maiden name, your no longer married, so you shouldn`t use it.

So if your name b4 was Sharon Anne Smith and his was Juan Miguel Ramos, you`d become Sharon Anne Miguel

Problem in Spain though is you should be Sharon Smith Miguel, you could do Sharon Miguel Anne, but you`ll have hassle in the UK.

My wife name Maria Casado Jimenez, now is Maria Casado Jimenez-Smith, seems to be the easiest option, the banks etc just look at the Libro De Familia for proof of marriage etc, her passport still retains her original name.

If I were you just stick to Sharon Anne Miguel, and explain the difference when its an issue, which isn`t everyday.

My Spanish partner seems to think that if I take his name, it may cause problems here in Spain because it’s not the norm and there may be questions asked - re being inter-related.

They`ll no your not Spanish from your appearance and first names.

Any suggestions please? - I’m stuck 😊)

Paracetomal comes in more than 16 tab packets. 😉

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Posted: 23 July 2008 07:04 PM   [ # 2 ]  
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Thank you so much for taking the time to answer - I’ve taken it all in (I think!). Have just got back from doing the license paperwork in Gibraltar - had a bit of a glitch over his previous annulment - which didn’t ‘fit’ their system but it was all OK in the end thank goodness. The reason we are going to Gibraltar is that we had heard it was a real performance to do it in Spain but obviously that wasn’t the case with you.

I gather from the registar’s office there that the main issue about names is that it has to fit your passport, so if I want to change to his name in any way, I need to change my passport, then of course my NIE number etc.  I can’t use my maiden name because it’s not the one on my passport and I think that in order to change it to that, I’d have to do it by deed poll.
Oh the joys of mixed marriages 😊))

Thanks again, it’s good to know there is someone out there with advice - I am stocking up on large bottles of paracetamol and brandy!!!!!!!

Kind wishes
HeatherB

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Posted: 23 July 2008 07:46 PM   [ # 3 ]  
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HeatherB - 23 July 2008 07:04 PM

The reason we are going to Gibraltar is that we had heard it was a real performance to do it in Spain but obviously that wasn’t the case with you.

The only issue I had was I`m not a catholic, so my baptism certificate had to be sent to the head of the church for that area, if I hadn`t been baptised, then I couldn`t marry her in church until that was sorted.

That was the only issue in both countries, the UK was the usually notice in the registry.

We were given a certificate of marriage from the church after the 2 hours of service 😝

That was then taken to the registro civil and you are then given the family book, its a bit larger than a passport and all your children then get entered in there when they get delivered.It is used as proof of marriage.

Keep the copy from the church, I found in the UK when asked for a marriage certificate the Libro Familia isn`t accepted, I`ve been told “its not Official” and when you try to tell them it is in bloody Spain, I`ve had to produce the church form, which isn`t a marriage certificate, they accept it as it looks official.

I gather from the registar’s office there that the main issue about names is that it has to fit your passport, so if I want to change to his name in any way, I need to change my passport, then of course my NIE number etc.  I can’t use my maiden name because it’s not the one on my passport and I think that in order to change it to that, I’d have to do it by deed poll.
Oh the joys of mixed marriages 😊))

We never had that issue, my wife`s passport and ID card still have her maiden Spanish name, nobody ever noticed.Its only ever come an issue in Banks etc etc, but 1 minute disscussion usually sorts the problem.

I am stocking up on large bottles of paracetamol and brandy!!!!!!!

Kind wishes
HeatherB

Good luck for the big day.

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Posted: 23 July 2008 08:05 PM   [ # 4 ]  
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Thanks again - it’s got to be a registry office for us, I’m afraid but hopefully, it will all get sorted now I have the info.
I’ll let you know..

😊
HeatherB

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Posted: 17 May 2009 01:32 PM   [ # 5 ]  
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Hi

I too am wanting to change my name on my residencia.  We’re both british and got married in the UK and I managed to change my passport no problem.  However, I now want to change my residencia too - is it a legal requirement or just a nice to have?  I only want to change it because my maiden name is that of my ex-husband 😊

Thank you

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Posted: 23 July 2011 07:19 PM   [ # 6 ]  
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Hi, my partner and I are both English living near Gibraltar.

I was born in England with a Gibraltarian passport (I have Gib ID - ie, resident) and my partner is english.

I have a tarjeta de residente and my boyfriend has a NIE.

We want to get married next June via a civil ceremony at a venue of our choice, and being brits, I?d like to surrender my own surname and take on his. Does anyone know of the implications/requirements?

I have a property along with its corresponding deeds/mortgage etc all in my maiden name.

Any ideas? This is all so daunting…

Thanks in advance

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