Tying the Knot in Spain: A Guide to Same-Sex Marriage Requirements

Planning a wedding can be one of the most exciting times in a couple's life, but for LGBTQI+ couples, the process often comes with additional questions, particularly regarding the legal requirements. Spain is known for being a progressive country when it comes to LGBTQ+ rights, and same-sex marriage has been legal here since 2005. Whether you're a local or an international couple considering a destination LGBTQ wedding in Spain, it’s essential to understand the legal requirements before you say “I do.”

 

1. Eligibility to Marry in Spain

Before diving into the details, it’s crucial to confirm your eligibility for a same-sex marriage in Spain. The legal requirements apply equally to both same-sex and opposite-sex couples. For LGBTQ+ weddings, couples must meet the following criteria:

• Legal Age: Both parties must be at least 18 years old. If one or both are 16 or 17, parental consent will be required.
• Not Currently Married: Neither party can be married to another person.
• Free Will: Both individuals must enter the marriage voluntarily, without any form of coercion.

While it might seem straightforward, couples from outside of Spain need to meet some additional requirements.

 

2. Residency Requirements for Same-Sex Marriages

Spain’s legal system allows both residents and non-residents to marry within the country, which is great news for international couples planning an LGBTQ wedding in this beautiful destination. However, if neither partner is a Spanish resident, at least one of you must have lived in Spain for a minimum of 30 days before you can legally marry. This period can be completed by renting accommodation or providing a statement of residence, such as a rental contract.

For those who are planning a destination wedding but don’t meet the residency requirements, many couples choose to have a civil marriage in their home country before celebrating their LGBTQ wedding with a symbolic ceremony in Spain.

 

3. Necessary Documentation

To legally marry in Spain, both parties need to gather specific documents, regardless of sexual orientation. It’s a good idea to start this process early, as some documents may need to be translated into Spanish and officially certified. Here's what you'll need:

 

• Passports or National ID Cards: A valid form of identification for both parties.
• Birth Certificates: These must be issued within the last three months, and, if not in Spanish, they need to be translated by an official translator and bear the Apostille of The Hague.
• Certificate of Civil Status: This proves that you are not already married. You can obtain this document from your home country.
• Proof of Residency: If either partner is a resident of Spain, you will need to provide proof, such as a “Certificado de Empadronamiento.”
• Divorce or Death Certificates: If either partner has been married before, proof of divorce or the death certificate of the previous spouse is required.

4. Legalizing the Marriage

The civil ceremony is the only legally binding marriage in Spain, regardless of the type of wedding you are planning, including LGBTQ weddings. Religious ceremonies are allowed, but they are symbolic unless followed by a civil ceremony. The civil ceremony can take place at a town hall or a courthouse, depending on your preference and availability.

 

5. After the Wedding: Registering the Marriage

Once the ceremony has taken place, the marriage must be registered with the Civil Registry in Spain. This ensures your marriage is legally recognized both in Spain and potentially in other countries. If you're from a country where same-sex marriages are not yet legal, it's worth checking whether your marriage in Spain will be recognized back home.

 

Conclusion

Planning an LGBTQ wedding in Spain is not only legally possible but also a straightforward process for both local and international couples. By understanding the legal requirements, gathering the necessary documents, and completing the civil ceremony, same-sex couples can enjoy a smooth and beautiful wedding in one of Europe’s most welcoming countries for the LGBTQI+ community. Whether you're looking for a legal ceremony or a symbolic celebration, Spain offers endless possibilities for a memorable wedding day.

 

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