Same-Sex Marriage in Spain

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Same-Sex Marriage in Spain

Same sex marriages were made legal in Spain in June 2005. Spain allows homosexual couples the same legal and adoption and inheritance rights as heterosexual couples. 

Who may get married in Spain (January 2006)

While the law is still in its infancy a few landmark cases have defined the rules as to who may marry in Spain.

A pivotal case was that of a Spanish citizen and his Indian partner who were not granted a license to marry as same sex marriage is illegal in India. 

In the light of this ruling it was declared that Spanish citizens may only marry a partner from a country where gay marriage has been legalised (currently the Netherlands, Canada, UK, South Africa and Belgium).

• For an updated list of countries authorising same sex legal relations, and their standings see websites lesbianlife or ilga-europe.org  

Shortly after this ruling was made, it was contested and has been the subject of much discussion as it hits on several contentious issues.

• For information see the Immigration Equality website

The latest standpoint is that: "a marriage between a Spaniard and a foreigner, or between foreigners of the same sex resident in Spain, shall be valid as a result of applying Spanish material law, even if the foreigner's national legislation does not allow or recognize the validity of such marriages." (from wikipedia)

How to get married in Spain

As with a traditional union, one of the same-sex partners must be a Spanish resident, having been legally resident in Spain for at least two years and registered with the municipality.

Application for a marriage licence can be made at the Civil Registry (Registro Civil), District Court (Juzgado) or, in some cases, the Town Hall in the place where the marriage is to be held.

• Click here to find your nearest Civil Registry or dial 010 which connects to the local council who can provide details

At this point, consult your local authority (Civil Registry, District Court or Town Hall) with jurisdiction over where the marriage is to be held to find out precisely what documentation will be required. It varies greatly with some provinces being stricter than others regarding the laws of residency.

Applicants will need to provide the following documents:

• Current valid passport (for non-Spanish applicants)
• Original birth certificates, with sworn Spanish translation if that is not the original language (traduccion jurada)
• Proof that they are free to marry (Certificado de Capacidad Matrimonial). Provide marriage and divorce, annulment or death certificates of any prior marriage, a Consular office may be able to help with this)
• Proof of Spanish residency (residence card)
• Certificate of residence (Certificado de Empadronamiento), proving residence in Spain of at least two years (available from the Town Hall)

Note: All foreign (not Spanish) documents should be translated into Spanish and have an official seal, the Certificate of Apostille of the Hague (a Postilla de la Haya). Translated documentation should ideally not be more than three months old. 

Further Information

• The law regarding same-sex marriage: Click here  
• AngloINFO INFOrmation page on Getting Married in Spain