Mixed Marriage Lawyer in Madrid
INTERMARRIAGE IN MADRID BETWEEN SPANISH AND FOREIGN NATIONALS
When it comes to a mixed marriage, that is, a conjugal union with a foreign citizen, it is essential to have a mixed marriage lawyer in Madrid who can explain in detail the necessary legal regulations and practices.
Before contracting a marriage, the formation of the so-called matrimonial file, it is necessary to determine some previous steps,
Where you have to submit the required documentation for the subsequent registration of the marriage, take into account its REQUIREMENTS AND the DOCUMENTATION REQUIRED,
First of all, we will answer the frequent question “Can a Spanish or EU citizen and a foreigner without papers get married”, if they can or cannot get married, the answer is yes, if they can get married, YES.
As for the REQUIREMENTS
CANNOT enter into marriage because it is considered null and void
- Persons bound by an undissolved marriage bond
- Collaterals by consanguinity up to the third degree
- Convicted as perpetrator or accomplice in the intentional death of the spouse of either of them, may go with the dispensation of the Minister of Justice.
- If either of the parties was married, they must present the certificate of the previous marriage, with registration of the divorce, in case of widowhood, certificate of the deceased spouse.
NECESSARY DOCUMENTATION REQUIRED FOR MARRIAGE PROCEEDINGS
- literal birth certificate, of each contracting party
- copy of identity card, passport, residence card
- census certificate
- proof of life and marital status
- standard form of the corresponding civil registry, completed and signed by the parties.
- request an appointment with the corresponding civil registry office
At the present time, the civil registries usually practice prior to registration of the marriage, NOT IN ALL CASES, an INTERVIEW, AT THE INSTANCE OF THE JUDGE IN CHARGE, TO THE CONTRACTING PARTIES, THESE QUESTIONS ARE SUFFICIENTLY RELATED,
how did you meet, job, salary, time at work, hobbies, relatives, complete address in Spain, length of relationship, where did you meet, when did you meet?
MARRIAGE ABROAD
In case one of the contracting parties resides abroad,
At the Spanish consulate of the country where you reside, you will have to ask for
Birth Certificate and Certificate of Singleness, in order to register the marriage already celebrated in the Civil Registry of the country corresponding to the foreign spouse.
In CASE OF A DIVORCED FOREIGN CONTRIBUTOR AND THE DIVORCE SENTENCE WAS OBTAINED IN HIS COUNTRY, IN ORDER TO HAVE EFFECT IN SPAIN THE EXEQUATOR MUST MAKE THE EXEQUATOR, RECOGNITION OF THE FOREIGN SENTENCE IN SPAIN.
CURRENTLY, THE CENTRAL CIVIL REGISTRY, PLAZA JACINTO BENAVENTE IN MADRID, IS GIVING THE POSSIBILITY OF REGISTERING THE DIVORCE DIRECTLY, WITHOUT GOING THROUGH THE EXEQUATOR, BY PROVIDING A LEGALIZED AND APOSTILLED DIVORCE DECREE, OUR OFFICE COVERS THIS MANAGEMENT. CONTACT US TEL. 91 3063105. Contact us.
- After gathering all the documentation indicated above, the contracting parties will appear with a witness at the Civil Registry where they reside, starting the marriage file, an act prior to the celebration of the marriage, giving the contracting parties the day of the appointment to return to the Civil Registry and give them the ORDER (JUDICIAL RESOLUTION) favorable or not, if favorable, they will be given an appointment to celebrate the marriage at the Civil Registry, City Hall, or before a Notary, and if it is negative, we would enter the scope
- of the DENIAL OF MARRIAGE REGISTRATION,
The JUDGE in charge of the Civil Registry, OR CONSULATE, decrees that it is a white marriage, marriage of complacency for the following supposed causes:
- It is understood that the marriage is used to obtain a residence permit.
- Acquire before the Spanish Nationality, in fraud.
- To regroup other family members from third countries
As for the means of proof to determine the validity of marriage are the following:
- Having a child in common
- Uninterrupted romantic relationship for a period of time prior to the celebration of marriage
- Visits to Spain of the contracting party, or to the country of the foreign contracting party, also photos, letters, Facebook accounts, Instagram, email.
In negative case, it is considered an indication of simulated marriage, when one of the spouses has had a history of other frequent simulated marriages.
The delivery of monetary amount for the celebration of the marriage, except for the dowry.
APPEALS IN CASES OF REFUSAL TO REGISTER MIXED MARRIAGES
Marriage denials are frequent nowadays in consulates such as Havana, Santo Domingo, Quito, Lima, UD. You may ask yourself, what can I do if I am denied the registration of my marriage?
Currently, an appeal may be filed within 15 days before the General Directorate of Registry and Notaries, DGRN, and subsequently before the Family Court of First Instance.
When Law 20/2011 of July 21, 2011 on the Civil Registry comes into force, which is expected to enter into force this year 2020, it will be possible to appeal directly to the Civil Jurisdiction, Family Court, an appeal that requires the assistance of a Lawyer and Attorney.
There is also the possibility of MARRIAGE BY POWER OF ATTORNEY, where by the Spanish party designates by power of attorney a third person, who will attend on his behalf on the day of the celebration of the marriage, in the civil registry of the foreign party’s country.
REQUIREMENTS FOR MARRIAGE BY PROXY
Power of attorney, naming in the power of attorney the identity of the person substituting the contracting party,
Original literal Certificate of Birth of the Spanish spouse, and Fe de Vida y Soltería, certified copy of the Spanish spouse’s DNI (identity card).
Certificate of registration, copy of passport and identity card of the foreign Contracting Party.
In case of divorce of a foreign spouse, certificate of divorce, legalized, apostilled judgment
Once the marriage has been celebrated by proxy, or by both parties, abroad, there is the possibility of registering it in Spain, at the Central Civil Registry, instead of at the Consulate.
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