What foreigners need to know about same-sex marriages in Spain

Same-sex marriage was first legalised in Spain from July 3rd 2005, almost 20 years ago. Since then, Spain has processed around 75,000 gay marriages in the country.

If you’re in a same-sex relationship and are considering getting married in Spain, here’s what you need to know.

The law in Spain allowed same-sex couples to marry and enjoy the same rights as heterosexual couples. Law 4/2023 also strengthened these rights, meaning true equality for members of the LGBTQ+ community when it comes to marriage and inheritance.

You can have both civil and religious ceremonies if you’re in a same-sex relationship.

READ ALSO: Is Spain really a tolerant country when it comes to LGBTIQ+ people?

The General Directorate of Registries and Notaries confirms that same-sex marriages between Spaniards and foreigners are valid in Spain, even if the foreigner's country does not accept them.

It’s important to know that marriage in Spain between two foreigners isn’t allowed if neither of you have legal residency here. This goes for both same-sex and heterosexual couples.

It is allowed if at least one of you has legal residency here or of course, you’re marrying a Spaniard.

If one of you has legal residency, then that person must have been registered as living here for a period of two years before you can start the marriage process.

According to Spain's National Institute of Statistics (INE), most same-sex marriages are celebrated in Madrid, Barcelona, the Balearic Islands and the Canaries.

The steps for getting married are the same as those for heterosexual couples.

In order to get married in Spain:

• Both partners must be over 18 years of age, or over 16 with authorisation.
• You must have at least two witnesses.
• You must be registered in Spain.
• You need a certificate from the Civil Registry.
• You need photocopies of your residency permit and passport.
• You need apostilled documentation if it comes from a country that has not signed the Hague Convention.

If you are a foreigner and marrying a Spaniard, be aware that you may be asked a series of questions during a marriage immigration interview, just to make sure that your relationship is genuine. This has nothing to do with being in a gay relationship, it goes for heterosexual couples too.

Keep in mind that it might take while to sort out all your paperwork, so you need to do this well in advance. This process may take anywhere from 30 to 50 days.

If you are having a civil wedding, have the following:

• Passports
• Birth certificates
• Proof that you are single
• A document from the Civil Registry

Costs can vary, but obtaining a civil marriage certificate costs around €150 in Spain.

If the ceremony is religious, the necessary paperwork varies depending on your religion. In Catholic ceremonies for example, you may need to complete prenuptial agreements and present certain certificates.

Although religious ceremonies are legal, you must register them with the Civil Registry afterward. Religious ceremonies may also cost more as the church can ask for donations.

Foreign authorities will decide whether your marriage is valid in your country, but it will be legal in Spain.