Marriage File before Notary

This is a document that certifies that two people meet the legal requirements to enter into marriage. In other words, it certifies that there are no legal impediments (such as a previous undissolved marriage), that neither of the parties is being forced to marry, and that the intention to marry is genuine, thus ruling out fictitious marriages.

This file can be processed before different officials, with Notaries being the main ones responsible for its management. Furthermore, it is an essential requirement for the celebration of the marriage.

The matrimonial file before a Notary is carried out in three stages:

1. Assignment of the Notary: The interested parties must request the processing of the matrimonial file from the corresponding Notarial Association, which will assign a Notary in charge of the process.
2. Processing of the file before the Notary: Once the Notary is assigned, a preliminary hearing is held with the future spouses and the witnesses, who must prove the truthfulness of the matrimonial consent and the absence of legal impediments.
3. Closing of the record and resolution of the file: The designated Notary, after analysing the documentation and the statements of the witnesses, issues a resolution in which:
   • They declare the legal capacity of the parties, allowing the celebration of the marriage.
   • or they deny the file if they detect that the legal requirements are not met.

For this reason, the notarial matrimonial file is formalised as a double notarial record, guaranteeing the legal security of the procedure.

The preliminary marriage file can be processed at the notary's office itself, becoming a swift procedure since 30 April 2021. Previously, it could only be processed by the Civil Registry; however, it can now be done before a Notary without the need to go through another body. Nevertheless, the notary must be assigned by the College of Notaries of each Autonomous Community.

The main advantage is the speed with which the marriage file can be obtained and the convenience of choosing the date and time for your appointment.

Additionally, you will be able to count on legal advice on relational matters such as civil residence or prenuptial agreements.

For the signing of the pre-marriage file, it is not possible to choose a Notary. Only the one residing in the municipality of the contracting parties will be able to act. In the case of large cities where there are several notarial offices, it is the College of Notaries of the corresponding autonomous community who appoints the Notary who must process it, for example, when processing a marriage file in Barcelona.

If you wonder how to start the marriage file, we offer you all the information step by step:

Firstly, an application must be submitted to process the marriage file to the College of Notaries of the Autonomous Community in which we are registered. This can be done in person or through their website. You will be required to fill out a form with the identity of the future spouses and the following must be attached:

• a copy of the identity documents (DNI, Passport or NIE).
• the certificate of registration (empadronamiento).

If the spouses do not have Spanish nationality, it will be necessary to provide the Certificate issued by the competent authority certifying the content and validity of the foreign law indicating the capacity to marry or, failing that, the certificate of matrimonial capacity issued by the authorities of their country.

The College of Notaries will assign the Notary to whom you must go. The College will communicate the appointment and the related details of the Notary. The spouses will be provided with the name of the Notary, their address and contact information.

The following documentation must be provided to the Notary:

• Marriage application signed by the prospective spouses. It must include their identification, that of the witnesses, and related information about any children in common, along with the place and authority before whom they wish to marry.
• Identification documents of the prospective spouses (DNI, NIE or valid Passport).
• Identification documents of two witnesses, who will have to attend the Notary’s office to sign this file.
• Certificates of registration of the spouses or consular certificate if they have lived abroad.
• Birth certificates of the spouses issued by the Civil Registry if they cannot be consulted electronically.

Additionally,

• If necessary, the full certificate of previous marriages with marginal annotation of divorce, annulment, or the death certificate of the previous spouse must be provided.
• For foreigners: the certificate of matrimonial capacity or certificate of single status (depending on the country of origin).
• For persons with special situations: the medical report demonstrating capacity to give consent.
• With judicial resolutions with dispensation: the testimony or electronic copy of the resolution.
• The criminal record certificate if necessary.
• If one of the spouses cannot attend: the authorised copy of the power of attorney granted to marry.

The documents of the spouses must be originals and less than three months old, and in the case of foreigners, they must be apostilled.

However, you should know that if the College assigns us as the notaries of Barcelona in charge of your file, we will assist you with the collection of the necessary documents.

Next, the future spouses must meet at the notary's office for the notarial file along with the witnesses they have chosen. The purpose of this will be to verify the documents provided and their compliance with the law, as well as to check the capacity of the parties to enter into marriage without any impediments or other obstacles and to ensure that it is not a sham marriage.

The Notary will listen to each of the future spouses separately and to the witnesses, who must be of legal age. Likewise, the Notary will take the necessary steps to verify the documentation and the statements made, as well as to ensure the will of both parties for the marriage ceremony.

Finally, after reviewing the information and providing the necessary details, the matrimonial file will be authorised, which will constitute a record in which the Notary authorises the marriage, known as the preliminary matrimonial record.

Once the preliminary marriage file has been authorised before a Notary, you may choose a new Notary or opt for the same one for the celebration of your marriage.

If you choose the same one, you will be informed and advised about the different economic regimes and about your civil residence.

After the preliminary marriage file has been processed favourably, you may hold your wedding... . You can find all the information in our service on marriage at the Notary.

Indeed, the Notary can deny the marriage file for various reasons. Mainly, legal requirements or suspicion of fraud coincide, but it may also be motivated by the lack of documentation or that some of it is expired, errors appear in the documentation data, a simulated or convenience marriage is detected, or even that there is a lack of legal capacity in any of the future spouses for it.

It may also occur because there is an undissolved marital bond, that the lack of free consent of any of the parties involved is detected, or there are problems arising from irregular residence.

In any case, it will be necessary for the Notary to justify and specify the reason for the denial, as well as communicate it through notification.

You should know that you can file an appeal in the event that you are denied the pre-marriage file and challenge the notarial resolution. This is an administrative appeal aimed at reviewing the issued act.

You have a period of one month from the notification of the decision to file an appeal with the Directorate General of Legal Security and Public Faith. This entity has a period of 6 months to deliberate and resolve the decision. If denied, you may only appeal to the courts.