Marriage certificate at the civil registry office

Many couples, in order to formalise their relationship definitively, decide to get married. If they do not choose the religious option, this has to be done at the Central Civil Registry in Madrid or in the municipality where they live and are registered. In this article we are going to talk about everything you need to know about civil weddings, that is, about getting married in court.

What is a marriage certificate?

The marriage certificate is a document that attests that the act of marriage has taken place between two people in a specific place, on a specific date and at a specific time. It is undoubtedly the irrefutable proof that the marriage has taken place, becoming the title that legitimises the fact that the contracting parties have the civil status of being married. At this point, we must emphasise the fact that this procedure must be carried out in person in all cases and at all stages, i.e. it cannot be carried out telematically.
 
You should know that, as soon as the marriage is celebrated, it has civil effects. In fact, it must take place in a court or competent institution and it is automatically deposited and registered in the Central Civil Registry.
 
Specifically, civil marriages must be celebrated and officiated by a Justice of the Peace, a Civil Registrar, a Mayor, a Councillor or a person delegated by them, as long as there is a Court Clerk to record it in the minutes. Likewise, if it takes place before a notary, the marriage must be recorded in a public deed. In either case, the act must be signed, in their own handwriting, by the contracting parties, by two witnesses and by the person celebrating the marriage.
 
Once the act is completed, the marriage file is deposited at the Spanish Civil Registry and at the Civil Registry of the municipality in question. Each of the contracting parties is given a copy certifying that the marriage has taken place.

Requirements for entering into a civil marriage

The current legislation, before proceeding with the whole procedure that results in the delivery of the literal marriage certificate to the couple, sets out a series of requirements for the contracting parties. Specifically, these are:

1. Regarding age. Only those over 16 years of age who have been emancipated from their parents may marry. This is mainly because cohabitation is a prerequisite for marriage.
2. Monogamy. The same person cannot marry more than one person at a time. Therefore, he/she must not be part of an existing marriage.
3. Consanguinity. The law stipulates that relatives cannot marry if they have a line of consanguinity superior to the third degree (cousins). Likewise, it is also not valid when the relationship is produced by adoption.
4. Malicious death. In the event that both parties have been convicted of the malicious death of the previous spouse of one of the two parties, the law stipulates that the marriage cannot take place. 
5. Deficiencies and incapacities. In the event that one of the contracting parties suffers from a sensory, intellectual or mental incapacity, the judge may refuse to officiate the marriage. In fact, he/she must require the Registrar, the Notary or the Court Clerk to ask the parties for a medical opinion on the couple's capacity to marry.

Where do civil weddings take place?

The first thing to say is that, before celebrating the marriage, a series of steps must be followed. In this sense, the procedures that start the proceedings must begin at the Civil Registry Office of the municipality in which you live and where you are registered. However, in the event that the contracting parties are domiciled in different municipalities, they can choose the one that is most convenient for them to carry out the procedure.
 
The above only refers to the matrimonial file. Once all the previous formalities have been carried out at the corresponding Civil Registry Office, the couple can choose to have the ceremony held in another municipality. 
 
However, the official in charge of the ceremony must be a Judge in charge of the Civil Registry of the municipality or a Justice of the Peace to whom he/she has delegated, as well as a Councillor or Mayor who meets the appropriate conditions to be able to carry out the procedure or a Notary or Court Clerk chosen freely by the contracting parties and who is qualified in the place where the civil wedding is to be held.

Is it possible to validate a marriage celebrated abroad in the Spanish Civil Register?

The answer is yes, as long as one of the parties has Spanish nationality. In other cases it is also possible, but it is more complex. In this regard, it is necessary to present the marriage certificate issued by the similar foreign entity, as well as the literal birth certificate of the foreign contracting party, at the Central Civil Registry office of the municipality in which he/she is going to reside. It is also necessary for them to provide their National Identity Card or Foreigner's Identification Number, a declaration form and proof of address in Spain.
 
As you will have been able to see, the current legislation allows any couple, if they so wish, to join in marriage in a very comfortable, quick and simple way, in practically any situation. However, it establishes a series of rules with the aim of protecting the contracting parties, their possible descendants and other family members, as well as society as a whole. In short, we hope that we have been of help to you in clarifying any doubts you may have had about the marriage certificate at the Civil Registry.