Article 50 of the Spanish Civil Code enshrines the concept of marriage of foreigners in Spain. This article says that if both parties are foreigners, the marriage may be celebrated in Spain in accordance with the manner prescribed for the Spaniards or complying with what is established by the personal law of either of them.
For which foreigners (of the same or different nationality) can get married in Spain there are necessary requirements and necessity.
• The first requirement is that at least one of them has his domicile in Spanish territory, with the exception of the special case of marriage in danger of death.
• The second requirement is the consequence of the first requirement of domicile in Spain: that, as a general rule, marriage cannot be celebrated in Spain without the prior requirement of the marriage file. In other words, such marriage will only be possible if the future partners prove that they meet the capacity requirements through the file processed according to the Civil Registry legislation.
As for the necessities, the Civil Registry Officer must verify two elements in the aforementioned file:
- the capacity: it is governed by the personal law of each contracting party at the time of the celebration of the marriage (reference is made to various elements such as age, physical fitness, …)
- the real consent: it is the declaration of will expressed by the contracting parties to marry
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