Civil Marriage at the Notary's Office
Nowadays there are several ways to celebrate a wedding, but getting married at a notary's office is one of the most chosen options lately. As Notaries in Barcelona we want to explain the advantages of getting married at a notary's office, the requirements necessary to celebrate a civil marriage before a Notary, as well as the documentation that must be provided in this type of notarial wedding.
Getting Married at a Notary's Office
In order for a civil marriage to be held at a notary’s office, people may marry as long as they meet a series of conditions:
- Be of legal age or, failing that, be over 16 years old and emancipated.
- Not be bound by a previous marital bond (it is necessary to be single or divorced from the previous marriage).
- The spouses must not be ascendants or descendants of each other, nor relatives by blood up to the third degree.
- Not have been convicted of the intentional killing of a previous spouse or civil partner.
However, intentional killing and the impediment of the third degree of kinship can be waived by judicial authority.
All others may marry, whether of the same or different sex, provided it is freely and voluntarily consented to.
The union is formalised through the marriage deed. This is the notarial document that acts as a contract between the members of the couple who wish to live together and have a shared project. The marriage deed includes the information of the spouses, the approval of the documents that make up the marriage file, the articles of the Civil Code read by the Notary at the wedding, and the consent to the marriage of the spouses.
Civil marriage at a notary’s office in Spain is an option that can also be carried out with the same validity in courts and town halls, but these are configured as slower alternatives with longer waiting lists.
Advantages of getting married at a Notary's office
Getting married at a notary's office offers the following advantages:
It is a quick procedure that is carried out effectively compared to the delay in town halls and courts. Availability is higher with a Notary, so you could be married within days once you have the necessary documentation. Furthermore, the Notary for getting married offers you more flexibility and you can agree on the date and time that suits you, unlike other institutions where the wedding day is imposed.
You will be able to personalise the ceremony by agreeing on it beforehand. Getting married at a notary's office can be a somewhat more intimate procedure than in registries and courts, so if you wish to carry out the traditional exchange of rings or make a reading or speech, do not hesitate to mention it. It is also worth noting that the procedure is simpler because there is no such complex bureaucratic process.
Receiving legal advice is also one of the advantages of getting married before a Notary, as they will inform you about the matrimonial economic regime that applies to you and the different options in marriage agreements.
Requirements for marriage by notary
If you prefer, your marriage file can also be processed at a notary's office, where the procedure will be much quicker. This is a process that has been possible since 2015 thanks to the reform of the Law of Voluntary Jurisdiction and is divided into two parts: the first processes the marriage file and the second allows the celebration of the marriage at the notary's office.
Process marriage file
To begin the matrimonial file procedure, an application must be made to the Notarial College of the autonomous community where one of the members of the couple is registered. Once this process has been completed and the Notary assigned by the College of Notaries, they will meet at a notary's office along with the witnesses. The documents and their compliance with the law will be verified, the capacity to process the civil marriage at the notary's office of the parties involved will be determined, and it will be checked that they are not married to others or that there are no impediments. Likewise, advice will be given on the economic regimes applicable to the marriage and its civil neighbourhood. Finally, in this first part, you will be granted the authorisation of the matrimonial file.
After completing the matrimonial file before the Notary designated by the College of Notaries, you may marry before any Notary you choose, whether or not you have processed your prior matrimonial file.
The Marriage Certificate before a Notary
Make an appointment, gather the necessary documents and on the agreed day you will be able to get married before a Notary in Barcelona. You must appear with your partner and two adult witnesses. A brief reading of articles from the Civil Code will be carried out, you will be asked for your consent and you will sign the public deed of marriage together with your partner.
Subsequently, the Notary will notify the Civil Registry of the registration of the marriage deed. Although the procedure is immediate on the part of the Notary and is effective from the moment the civil marriage is celebrated before the notary, the Registry takes about a month to notify its registration.
How to get married before a Notary in Barcelona
The steps to get married at a notary's office are few and quick, once you have the documentation. So, firstly, you must process your file, for which you must go to the Civil Registry to start the procedure and provide the information they request. At a second appointment, the official will conduct an interview that will generate an interlocutory document that you will have to collect again and that authorises the civil wedding. This document does not expire and will allow you to process your marriage before a Notary in Barcelona quickly. The problem with processing the file at the Civil Registry is the waiting lists, which usually extend the procedure to around 6 months. The other option is to process the prior matrimonial file before the Notary designated by the Notarial College of Catalonia.
Documentation to process a civil marriage at a Notary's Office
What is needed to get married before a Notary? The necessary documentation to get married before a Notary is as follows:
- DNI, NIE, passport or residence card of the contracting parties.
- Copy of the marriage file signed before the person in charge of the Civil Registry.
- Selection of at least two witnesses. It is necessary to provide their identity documents. The witnesses can be family members or close friends as long as they are of legal age and can read and write. They must attest that the couple acts freely.
Occasionally, it will also be necessary to provide:
- Proof of dissolution of previous marriages.
- Medical certificates demonstrating full capacity to give consent to the civil marriage at the notary.
- Dispensations of legal impediments.
- Identification data of the couple’s children, if any.
Documentation for notarial wedding for foreigners
If one of the members of the couple is foreign or both are, another type of documentation will also be required, such as:
- The certificate of matrimonial capacity issued by the authorities of the foreign member's country of origin.
- Proof of residence for the last two years.
- Residence card and NIE or Passport of the spouses and witnesses.
In this last case, the documents must be apostilled if necessary.
How much does it cost to get married before a Notary?
The price of notarial acts is regulated by the Government and complies with the regulatory framework of the NOTARIAL FEE SCHEDULE (RD 1426/1989, of 17 November, regulating the Notaries' Fee Schedule).
However, the exact price of a notarial document cannot be calculated until its specific content is known, that is, until it is signed, as there are many circumstances that can cause it to vary. The number of copies requested of a document, the pages it contains, as well as possible changes or additions, can slightly alter the final price.
If you wish to receive a detailed quote, we invite you to contact us directly through the channel that is most convenient for you. You can do so via the contact form on the main page of this website, through the contact section found in the footer of the website, using the direct WhatsApp access at the bottom right of this page, by sending an email to bcn@jlanotarios.com or by calling us on 93 159 17 62.
As a guideline, we can inform you that, according to the current regulatory framework, the usual price for the formalisation of a MARRIAGE is between €100 and €200, including VAT. This indicative price is calculated for a document of usual content (15 pages) and includes the issuance of two simple copies, one single authorised copy, and one electronic copy.
However, the cost of the prior procedure of the matrimonial file should also be considered. As a guideline, we can inform you that, according to the current regulatory framework, the usual price for the formalisation of a MATRIMONIAL FILE is between €300 and €550, including VAT. This indicative price is calculated for a document of usual content (40 pages) and includes the issuance of one simple copy, one single authorised copy, and one electronic copy. This variation in the price of the files is due to the fact that cases can be very different and there may be much more documentation in some cases than in others.
Notarial weddings and other questions
The Notary may marry a couple as long as there is space in their schedule. Make an appointment to process your civil marriage at the notary's office and you will be able to choose the time that suits you best.
Indeed, although it is not possible to choose a Notary to process the matrimonial file as it is determined by the Colegio de Notarios de Cataluña, the celebration of the notarial wedding can take place at the notary's office of your choice.
Yes, once it is positive, they must get married within one year. If this period passes without the wedding taking place, it would be necessary to process the pre-marriage file again.
The entire period usually lasts one or two months, so getting married before a notary is the fastest option. The waiting lists to get married in a court can extend to 3 to 5 months and even so, it will depend on the location. Town halls have a minimum waiting time of around 3 or 4 months.
The recognition is legally valid in all countries.
No. Minors who are not emancipated cannot marry, nor those who already have a marital bond, relatives by consanguinity or adoption in a direct line, or collaterals up to the third degree, nor those convicted as perpetrators or accomplices of the death of their spouse.
The two best known are the community property regime (assets are shared between spouses) and the separation of property regime (each member owns their assets and those purchased jointly must divide the profits from selling them or agree on their use). The regime depends on the Autonomous Community in which one resides, but couples who wish can change it. The change of regime will be established in the prenuptial agreement deed.
The supplementary matrimonial economic regime in Catalonia is that of separation of property. This means that unless otherwise agreed between the spouses in prenuptial agreements before a Notary, the assets of the spouses are separate and the members of a marriage will not have joint property unless they voluntarily purchase property together.
Appointment for civil marriage Barcelona at JLA Notarios
As you may have noticed, getting married at a notary's office is a quick and efficient procedure. At JLA Notarios we are a Notary specialised in family services in Barcelona with extensive experience. Do not hesitate to contact us if you wish to hold your civil marriage at the notary and resolve all your uncertainties before that special day arrives.
Our Notary office in Barcelona has a team of highly qualified and experienced Notaries to process your marriage deed in Barcelona. We are experts in the applicable regulations and can offer you personalised advice tailored to your specific needs, answering your questions and concerns at all times.
Obtain your marriage file and celebrate your wedding with us to enjoy an intimate and customised ceremony. Forget about bureaucratic procedures and focus on the simple and easy process we offer. Contact us through our contact form or by email at bcn@jlanotarios.com and receive personalised attention.
By your side in the moments that matter
Wills and inheritance
Making a will, making a declaration of heirs or awarding inheritance are very important moments in people’s lives.
At JLA Notarios we offer inheritance law services, both to arrange your estate and to divide up inheritance, guaranteeing the best advice for your particular needs while studying the tax implications of each case. We never forget the human factor. We even offer a notary service at home if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.