Family and Marriage
Notarial family matters: marriage (preliminary file and ceremony), registered partnerships, marital property agreements, divorce by mutual consent, dissolution of matrimonial property regimes and emancipation.
Select your matter
Important: To get married, you must first complete the marriage capacity file (expediente de capacidad matrimonial). This preliminary file is allocated by rotation: the Colegio Notarial (regional Notarial Association) of each province assigns the matter to whichever notary is next in turn. Once the marriage capacity file has been completed, the couple may choose to marry before the same notary or to appoint another notary anywhere in Spain, but to do so it is important that they inform the notary assigned to them by rotation on the day the preliminary record is signed.
Preliminary steps
Capacity File
The marriage capacity file is handled through the Colegio Notarial rotation system. To obtain your turn and the assignment of a notary:
- Submit the required form to the Colegio Notarial (regional Notarial Association)
- Pay the Notarial Association fee: €121 (these fees go to the Notarial Association, not to the notary's office)
- The Colegio will assign the notary whose turn it is
Once the turn has been assigned, the applicants must contact the notary's office to start the procedure. The notary's office will advise them of the required documents and the necessary advance payments.
Advance Payment
An advance payment is required, to be paid on the day the first notarial record is signed:
Request an Appointment
Once you have been assigned your turn by the Colegio Notarial, if we have the pleasure of officiating at your marriage:
- Get in touch with our notary's office
- Hand in the required documents so the file can be prepared
- We will arrange the dates for signing the preliminary record and for the ceremony
Our team will guide you through the whole process up to the wedding ceremony.
Documents to provide
Identity documents
Identity documents and personal details of both parties to the marriage and of two witnesses (one for each party).
Certificado de empadronamiento (municipal registration certificate)
Certificado de empadronamiento of at least one of the parties, showing registration in Torrevieja. At least one of the parties must be registered on the Torrevieja municipal register (padrón). Otherwise, we do not have jurisdiction to handle the pre-marriage file.
Birth certificates
Birth certificates of both parties (if they are foreign nationals, with an apostille and, where applicable, translated. Multilingual certificates are also accepted).
Certificates of single/marital status
Spanish nationals:
- If you are single and the Registro Civil (Civil Registry) does not issue a fe de vida y estado (certificate of life and marital status), you may declare your marital status in the deed itself.
- If you are divorced, we will need: 1. Marriage certificate with a marginal note recording the divorce; OR 2. Registered divorce judgment.
- If you are widowed, we will need the marriage certificate and the death certificate of the deceased spouse.
Foreign nationals:
The same as for Spanish nationals, except that foreign documents must always bear an apostille and, where applicable, be translated.
Children
If you have children together or from previous relationships, identification of the children (full name and identity document number are sufficient).
Matrimonial property regime
We need to know whether you wish to be subject to the statutory régimen de gananciales (community property regime) or to agree on separación de bienes (separate property), since separate property requires an additional deed of capitulaciones matrimoniales (marital property agreement).
After the signing
We take care of registration at the Registro Civil (Civil Registry) and, once the process is fully complete, we will let you know so you can collect the deeds and, where applicable, receive any refund due from the advance payment.
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