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Getting married before a notary in 4 steps - Málaga 2023

ODICE LAWYERS

If it was already possible to get married in front of a notary public at the end of July 2015 -Law on Voluntary Jurisdiction in July 2015Since 30 April 2021, it has also been possible to process the pre-marriage file directly at the notary's office without having to go to the notary's office. Civil Registry.

This translates into two fundamental advantages which, compared to other more traditional methods, mean that more and more couples are deciding to get married in this way:

  • SpeedThe matrimonial file is processed in less than a month and, in some cases, in less than a week, unless there are problems with the documentation.
  • FlexibilityThe bride and groom can agree on the exact date and place of the marriage with the notary.

Procedure for getting married before a notary in Malaga in 2023

Requirements and documents needed to process the Matrimonial File in Malaga

In order to enter into a civil marriage in Spain, the most important thing is to correctly and successfully process the so-called Expediente Matrimonial.

This document certifies that there is no impediment to the marriage and is issued by the notary. But beforehand, it is important to fulfil the following requirements and to gather certain documents.

Requirements for processing the Matrimonial File in Malaga

  • At least one of the contracting parties must be registered in the city of Malaga.
  • Both contracting parties must be of legal age or have a dispensation.
  • Submit the application form bearing the signature of the two contracting parties.

Documents to initiate the civil marriage procedure between Spanish nationals:

  • Photocopy of the National Identity Card (DNI) of both the contracting parties and the witnesses.
  • Certificate of census registration of the contracting parties.
  • Verbatim birth certificate of both contracting parties.
  • Proof of the dissolution of the previous marriage, if any.
    • If the spouse is deceased: the literal certificate of the previous marriage and the literal death certificate of the previous spouse.
    • In the case of divorce: the literal certificate of the previous marriage with a marginal note of the divorce decree.
  • Identification data of the children of both spouses, if any.

Documents to initiate the civil marriage procedure for foreigners*:

  • Proof of place of residence for the last two years.
  • Residence card and photocopy, of both the contracting parties and of the witnesses, if they are legal residents in Spain.
  • Valid passport or NIE and a photocopy of it of both the contracting parties and the witnesses, if they are not legal residents in Spain.
  • Identification details, as well as the original and copy of the identity document (DNI, passport, NIE or TIE), of the interpreter who must assist those contracting parties who do not understand Spanish.
  • Birth certificate of the contracting parties.
  • Proof of the dissolution of the previous marriage, if any.
    • If the spouse is deceased: the certificate of the previous marriage and death certificate of the previous spouse.
    • In the case of divorce: the certificate of the previous marriage stating the divorce.

*All foreign documents must be originals and must be presented together with their sworn translation into Spanish, if applicable, and duly legalised (or apostilled if the country of nationality is a signatory to the Hague Convention of 5 October 1961).

Applying for a notary's office to process the Matrimonial File

To begin this procedure, you must first request the assignment of a notary from the College of Notaries of your Autonomous Community. This will assign and provide the name, address and contact details of the notary responsible for processing your marriage file within a certain period of time.

The next step is to contact the notary and arrange an appointment where you will meet with the notary and the two witnesses. In addition, you will have to hand over all the documents explained in the previous section.

In the case of processing the matrimonial file in Malaga, you can submit the application to the Ilustre Colegio Notarial de Andalucía using the online form that you will find at this link.

Processing the Matrimonial File

As explained above, the notary will review the file and hold a separate hearing of both parties and witnesses to check that there is no legal impediment to the celebration - such as one of the spouses already being married or being a minor.

The resolution of the matrimonial proceedings The notary's decision is finalised by a certificate, which is valid for one year, in which the notary approves or disapproves the celebration of the marriage. If you do not agree with the decision, you can appeal within one month.

Marriage certificate

A favourable decision in the matrimonial proceedings means that the marriage can be celebrated and formalised. For this occasion, the same notary, another notary, Justice of the Peace, councillor or mayor may be chosen as the recognised and responsible authority.

How long does it take to get married before a notary in Spain?

The notary appointed by the College of Notaries of your Autonomous Community will be in charge of setting the deadlines depending on the documentation required and the complexity of the file.

How much does it cost to get married before a notary in Spain?

The cost of celebrating a wedding before a notary in Spain ranges between 400 and 600 euros.. However, each notary will determine the cost of each of the procedures (matrimonial file and marriage certificate).

Lawyer to get married before a notary in Malaga

From our Law Firm in Malaga we help you to manage this procedure quickly and safely. In addition, our family lawyers will advise and guide you at all times with absolute proximity and confidentiality so that there are no impediments to celebrate your marriage.

Don't leave your marriage to chance, contact us!

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