ÖzerenLaw Office

Civil partnership (pareja de hecho) and marriage in Spain

Document preparation for couples who want to register a partnership (pareja de hecho) or marry in Spain, and the effect on residence rights.

Couples living together in Spain have two ways of formalising their relationship: registering a partnership (pareja de hecho) and civil marriage. Their legal effects differ, and the route you choose is decisive, particularly for residence rights, the period required for citizenship and inheritance. If one of the partners is a Turkish national, the documents to be obtained from Türkiye must be prepared in a form that will be accepted in Spain.

Registered partnership (pareja de hecho)

There is no national law in Spain governing registered partnerships. Registration takes place in the register of the autonomous region where the couple lives, or in some places in the town council's register, and the requirements vary from region to region. Common requirements are:

  • Both partners must be of age, not married and not already in another registered partnership
  • The partners must not be close relatives
  • At least one partner must be registered as resident (empadronamiento) in that region
  • In some regions, having lived together for a certain period, having a child together or executing a notarial deed

The effects of a registered partnership on property arrangements, inheritance and maintenance also differ by region and are not the same as those of marriage.

Marriage in Spain

For a civil marriage in Spain with a foreign national, a marriage file (expediente matrimonial) is opened first. The file is handled at the Registro Civil of the place where one of the partners lives, or before a notary. The partners' capacity to marry and whether there is any impediment to the marriage are examined; where necessary, each partner is interviewed separately. Once the file is approved, the ceremony can be performed by the Registro Civil official, a mayor or a notary. The time this takes can range from a few weeks to a few months, depending on the registry's workload.

Documents needed from Türkiye

  • Passport and a certificate of registration as resident in Spain (certificado de empadronamiento)
  • A civil registry extract showing your birth record; a multilingual (Formül A) birth certificate may be accepted without translation by some registries
  • A document showing your civil status and, where required, a certificate of capacity to marry (evlenme ehliyet belgesi) from the civil registry office in Türkiye
  • For those previously divorced, the divorce judgment with its certificate of finality, or a civil registry record showing the divorce
  • An apostille on Turkish documents and a translation by a sworn translator (traductor jurado) authorised in Spain

Registries generally ask for recently issued documents, and how long a document is treated as valid can differ from one registry to another. That is why we plan in advance the order in which you obtain your documents.

Effect on residence rights

  • Marriage to, or a registered partnership with, a Spanish citizen: the new Foreigners Regulation (Royal Decree No. 1155/2024), in force since 20 May 2025, provides for a separate residence permit for family members of Spanish citizens
  • Marriage to a citizen of another EU country, or a partnership registered in a public register in an EU country: an application for the EU citizen family member card can be made under Royal Decree No. 240/2007
  • If the partner is a non-EU foreign national with a residence permit in Spain, the general family reunification rules apply
  • The period of residence required for Spanish citizenship is reduced to 1 year for those married to a Spanish citizen for at least a year; this reduction does not apply to registered partnerships

How we work with you

  • We assess whether a registered partnership or marriage better suits your situation, together with the consequences for residence and inheritance
  • We draw up the document list according to the requirements of your region and registry
  • We plan the documents to be obtained from Türkiye and the apostille and sworn translation steps
  • We prepare the file for registering the marriage in the Turkish civil registry and for the residence application that follows, and follow up the process

Frequently asked questions

Do a registered partnership and marriage give the same rights?

No. For residence applications, a registered partnership in most cases has effects close to those of marriage; however, it is not the same as marriage for the shorter residence period for citizenship, property arrangements and statutory inheritance. Regional rules also make a difference.

Can our unmarried relationship in Türkiye be registered in Spain?

Since there is no partnership registration in Türkiye, a new registration is made in Spain according to the requirements of the region where you live. You may be asked to prove with documents how long you have lived together.

What is a certificate of capacity to marry, and where do I get it?

It is a document showing that there is no impediment to a Turkish national marrying; it is issued by civil registry offices in Türkiye or by Turkish consulates abroad. We check before the file is opened whether the Spanish registry wants this certificate or another civil status document.

Will our marriage in Spain be valid in Türkiye?

A marriage concluded in accordance with the formalities is also valid in Türkiye, but it must be entered in the Turkish civil registry. For registration, the Spanish marriage certificate is submitted with an apostille to the Turkish consulate or a civil registry office in Türkiye.

Written by Attorney Esra Emine Özeren

Member of the Istanbul Bar Association. Profile

Requirements and amounts are updated every year. Your file is prepared under the rules in force on the day you apply.

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