When it comes to getting married, many couples are unaware of or do not “consider” the possibility of getting married before a Notary.

This is a possibility that could be worth assessing or taking into consideration, especially for those couples who are considering the legal consequences of being married rather than the ceremony that usually accompanies a marriage.

Another reason for getting married before a Notary may be the requirement for greater speed, or simply the comfort or peace of mind that a Notary can provide.

It was not until Act 15 of 2 July 2015, on Voluntary Jurisdiction, that the possibility of celebrating marriage before a Notary was introduced through an amendment to the Civil Code, which established that “the Notary Public freely chosen by both parties who is competent in the place of celebration shall be competent to celebrate the marriage”.

However, it must be borne in mind that prior to the marriage being celebrated, it is always necessary to process a matrimonial file in order to verify and provide evidence that the future spouses meet the requirements in terms of capacity, and that there is no legal impediment to the marriage.

This procedure had been carried out through the Civil Registry, but it was not until 30 April 2021, with the entry into force of Civil Registry Act 20 of 21 July 2011, that this possibility became available, supplemented by the instruction of 3 June 2021, issued by the General Directorate of Legal Security and Public Faith, on the processing of the procedure for the authorisation of marriages before notaries.

Thus, it is now possible both to process the matrimonial file and to get married before a notary public.

A) REGARDING THE MATRIMONIAL FILE:

“The Notary Public of the place in which either of the future spouses is domiciled shall be competent to process the matrimonial authorisation procedure, by virtue of the provisions of Circular 1/2021 of 24 April from the General Council of Notaries.”

One of the most common questions is the following: Can I choose a Notary for this procedure? For this first procedure it is not possible to choose a Notary, but one must request the designation of a Notary from the Notary Association in the place in which one of the future spouses is domiciled, and the Association in question will designate a Notary by rotation.

The application is made using the form which is available on the website of the corresponding Notary Association and which can also be found as an annex in the instruction of 3 June 2021.

It must be accompanied by the following documentation:

    1. DNI of each of the future spouses, or in the case of foreign citizens, passport and Foreigner’s Identification Number (NIE).
    2. Birth certificates for both parties, if there is no option for consultation.
    3. Certificates of previous marriages, dissolved by divorce or annulment if either of the future spouses has previously been married.
    4. Certificates of previous marriage and death of the other spouse, if applicable.
    5. Certification of census registration of the future spouses, when there is no option for consultation.
    6. Names of the witnesses.
    7. Testimony or electronic copy of judicial resolution waiving impediments, only in cases of waiver.
    8. Names of the common children prior to the marriage, if any.
    9. Public deed of power of attorney in the case of marriage by proxy.
    10. Medical opinion on the capacity to give consent, in the exceptional case that one of the future spouses has special health conditions that may give rise to doubts as to whether or not he/she can properly consent to the marriage.

The application can be sent by e-mail or submitted in person at the Notarial Association.

 

B) CELEBRATION OF THE MARRIAGE:

“Once authorisation has been obtained following completion of the matrimonial file, the celebration of the marriage may take place before the same Notary, or if requested by the future spouses, before another Notary.”

It is possible to choose a Notary for the celebration of the marriage. This can either be the same Notary who processed the marriage file or a different Notary, e.g. if there is a Notary who is trusted by the future spouses.

The ceremony must be attended by the bride and groom and the witnesses, during which Articles 66, 67 and 68 of the Civil Code are read out, followed by the signing of the public marriage deed by the future spouses, the witnesses and the Notary.

The rules governing matrimonial property must also be indicated, so that if the future spouses opt for rules other than those relating to the holding of common property (the matrimonial property rules that are predetermined under common law and applicable in most Autonomous Communities), they may execute the corresponding public deed of matrimonial property before the same Notary.

Although it is usual for the marriage ceremony to take place at the Notary’s office itself, it is always possible to ask the Notary to travel to a different location, bearing in mind that this would imply a higher cost.

The Notary will also be responsible for notifying the Civil Registry so that the marriage can be registered.