Married to Spain. Marriage in Spain.
Many beautiful women from Russia, Ukraine and other Russian-speaking countries of Eastern Europe want to marry. Beautiful girls and women hope to find their beloved among the Spanish suitors and marry a Spaniard. Between 2005 and 2010, more than 12,000 Russian and Ukrainian women were successfully married in Spain, not counting other former Soviet republics. Spanish fiancees like Russian women, because they are anxiously waiting for their chance and cherish the Russian bride, considering them the most beautiful on earth.
In the continuation of important points in matters of marriage in Spain.
What should I consider when I get married?
Place of marriage.
You can marry both in Russia and in Spain. If you live in Spain, it is wiser to marry in this state, otherwise you will still have a step up to reassurance and writing of marriage in Spain. It is also easier, from the point of view of obtaining various certificates confirming the marriage, which are periodically requested by different authorities (for example, the same extranheory for receiving a residence). (we are talking only about marriage with the Spaniards, in marriages with citizens of the European Union there are nuances!).
At the moment, the Russian Consulate does not register marriages between Russians and foreign citizens. Applicable legislation.
The process and details of the marriage will be applicable to the legislation of the country where you marry. However, for marital relations, if spouses live in Spain, even at the time of marriage in Russia, Spanish law (at the place of cohabitation) will be applied here. Form of marriage in Spain.
To get married in Spain, there are two forms of marriage registration:
Civil marriage. Religious marriage.
In the first case, the spouses give their consent in the municipal bodies of the Registry Office (in Spain – Registro Civil) to the official with the corresponding functions. In the second case, the marriage takes place in the church according to certain ceremonies approved by the state. The conclusion of marriage on religious rites is also subject to registration in the registry office.
It is not required that the bride is in Spain legally.
It is necessary that one of the married people has a residence permit (empedronamento) in the municipal district where you are going to marry. As a rule, it is necessary to take up a queue for filing documents with a request for marriage. The length of this line depends on the size of the municipality. That is, if in Madrid or Valencia have to wait several months, in small towns the documents will be accepted fairly quickly.
The list of documents also varies from the Autonomous Okrug and from the municipality.
In most Registro Civil for marriage only 2 documents are required:
the passport and its copy. a birth certificate, with an official translation into Spanish.
Neither legalization, nor an apostille for documents of the registry office issued in Russia (birth, death, marriage, divorce, etc.) certificates are not needed, according to the agreement signed by Russia and Spain. However, we would like to draw your attention to the fact that until now many illiterate employees of local bodies of the Registro Civil require the legalization of such documents.
If the translation is done in Russia, it needs to be certified by the Spanish Consulate. If you are getting married in Spain, we recommend that you do an official translation in the Spanish Consulate, or here in Spain with an official interpreter.
If you have an old birth certificate in the form of a book, make a notarized copy, because when you submit documents for marriage, take the original document.
Spanish law stipulates that if one of the married foreigners, after studying the documents of the spouses, is invited to an interview in the course of which the employee must register on how much future spouses know each other (personal data, address, relatives, how they met, on what language they communicate, how much time they know each other …,). This is necessary to make sure that the purpose of marriage is the creation of a family, and not the receipt of material benefits, residences, etc. (in this case, marriage is considered fictitious).
In the event that the official considering the documents has too many doubts about the purpose of the marriage, marriage registration can be refused. Refusal to marry must be motivated. That is, they refuse not because “something is not right”, but really for specific reasons: for example, the bride says that they communicate with the groom in English, and the groom declares that he does not know any foreign languages. Or the story of acquaintance sounds very different: she says that they met on-line 3 years ago, and he – that a year ago during her tourist trip to Spain. So, to be afraid of interview all the same it is not necessary. As a rule, people who want to get married still know enough about each other to easily pass this interview. In any case, the refusal of Spanish authorities to register a marriage is subject to appeal within the time limits established for this law.
Marriage in Spain.
After the documents are considered, you will be asked to determine the day of the marriage. During the ceremony, the bride and groom must express their consent to the marriage in the presence of an authorized official and two witnesses. After that, a corresponding entry will be made in the book about the records of the civil status.
Rights after marriage.
The husband and wife have the same rights and duties in marriage. They must respect and help each other and act always in the interests of the family. They are also obliged to live together, to keep loyalty to each other. Husband and wife, according to the Spanish Civil Code, must share household responsibilities, as well as caring for the closest relatives and other persons dependent on them.
What are the property rights of the spouses?
The Spanish Civil Code provides for three modes of marital property:
the share of participation in each other’s property, the separate property of the regime of joint property.
When applying the general regime established by the Civil Code of Spain, joint property dominates. This legal regime applies if the spouses have not chosen another regime and have applied “regimen comun”. At the notary you can sign the corresponding marriage agreement, which will regulate the relationship of your marriage.
However, before you marry, specify which prevailing regime is set in the Autonomous Region in which you live. Since the Autonomous Regions are authorized to adopt legislation in the matter of marriage. Thus, for example, in Catalunya and the Balearic Islands, a separate property is a legal regime of spouses’ property. Some other autonomous regions also have their own characteristics.
What are the features of these modes?
Property acquired by spouses during a marriage, from the date of marriage or from the date of signing the marriage contract providing this regime, is joint. The property acquired by the spouses during the marriage includes the income of each of the spouses from labor, business and other activities. The common property of the spouses is the movable and immovable things acquired at the expense of the general incomes of the spouses, irrespective of the name of which spouse it was purchased or in the name of whom or by whom of the spouses money was contributed, as well as gambling incomes. In the event of a divorce, an inventory of property is made, and it is divided into two.
Each spouse has his own property, which he can dispose of completely at his discretion. An exception is the obligation to participate in general expenses, depending on the income received. In case of divorce, each spouse remains with his share of property. It is necessary to divide only property that is in common ownership.
The share of participation in the property of the spouse.
This regime in Spain is quite rare. Each of the spouses has its own property, but has the right to a certain share in the property of the other spouse.
The issue of compensation for the spouse remaining in the “best economic situation” is treated separately and individually based on each case.
The right to a residence.
Marriage with a Spanish citizen entitles you to a residence. This kind of residence can be requested, even being in Spain illegally.
To obtain a residence card as a relative of the European Union, it is necessary to fill in the corresponding form of the “relative of the European Union” (residencia de familiar no comunitario de ciudadano de la Union). Otherwise, the general regime of foreigners will apply.
The list of documents that you must submit can be specified in the extran- gery at the place of residence. After receiving the card for the residence, you can easily get a job in Spain and travel without the need for a visa for the Schengen countries.
Also after a year of cohabitation in marriage with a Spanish citizen, his spouse has the right to file documents for the application of Spanish citizenship. More on this you can read in the article “How to obtain citizenship by marriage in Spain.”
The material was prepared by a Russian lawyer in Spain, Irina Shcherbatenko.
O. Palma de Mallorca, contact information on the site.
Service center in Spain.
The service center “Spain in Russian” is a full range of services for the legalization of documents in Spain. Translations, apostille, power of attorney, certificates of non-conviction, legalization of diplomas, reclaiming of documents.
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Married to Spain. Marriage in Spain.