Marriages, Births and Deaths
Both civil and religious marriages are legally recognised in Spain, and a Spanish marriage is legally recognised in most other countries.

In order to marry, an individual must be over the age of 16 and living independently from their parents (individuals between 16 and 18 may need authorisation from their parents), unmarried and in fit mental state (if the authorities consider that either of the parties is affected by mental deficiencies, the Civil Register doctor is required to issue a medical opinion declaring that the marrying couple are fit to give their consent).

In the case of foreigners marrying in Spain, one of the couple must have been legally resident in Spain for at least two years and registered with the municipality.
Civil Marriage
The process for civil marriage begins with the application for a certificate of permission to marry (Certificado de Capacidad Matrimonial). Couples wishing to marry must apply for this certificate in advance of the wedding. It is issued on condition that the applicants fulfill the legal right to marry and provide a well-founded reason for requesting it. The certificate affords proof of permission to marry.
Application can be made at the Civil Registry (Registro Civil), District Court (Juzgado) or, in some cases, the Town Hall in the place where the marriage is to be held.

The couple should contact the Civil Registrar to find out exactly what documentation will be required as there are regional variations. Some provinces are stricter than others regarding the laws of residency.

Applicants will usually need to provide the following documents:
• Current valid passport (for non-Spanish applicants) or a DNI identification card for Spanish nationals
• Original birth certificates, with sworn Spanish translation if that is not the original language (traduccion jurada)
• Proof that they are free to marry (Certificado de Capacidad Matrimonial). Provide marriage and divorce, annulment or death certificates of any prior marriage, a Consular office may be able to help with this.
• Proof of Spanish residency (residence card)
• Certificate of residence (Certificado de Empadronamiento), proving residence in Spain of at least two years (available from the Town Hall)

Note: All foreign (not Spanish) documents should be translated into Spanish and have an official seal, the Certificate of Apostille of the Hague (Postilla de la Haya). Translated documentation should not be more than three months old.

Following the filing of the application there is a posting of Banns (a public declaration of intent to marry) (edictos) to be made at the Town Hall and in the case of a foreigner’s application, at their Consular office. After a minimum period of 21 days without contest the marriage can legally proceed.

We would advise that you start the paperwork procedure at least six months in advance of the wedding, to allow plenty of time for what can at times be a slow system.
The Marriage
A civil marriage can be held in the courts, or the Town Hall of residence where it will be performed by the Mayor or a delegated Councillor.

The marriage is effective immediately following the ceremony. After the wedding, it will be registered in the Civil Registry and a Certificate stating the date, time and place of the marriage will be issued.

A religious ceremony (or blessing) can be held following the civil ceremony if desired.
Church or Religious Marriage
Spanish law recognises Catholic, Protestant, Islamic and Jewish marriages as legal and valid in Spain without the need of a civil marriage taking place prior to the religious marriage. However, the couple must obtain a certificate to marry (as above) before the service can take place, and to be legally recognised the marriage must be registered with the authorities.

In the case of Protestant, Islamic or Jewish unions, in order to be legally recognised, the marriage must be performed by a legally licensed marriage officer and it must still be applied for and registered with the civil authorities as with a civil marriage. The marriage official will be able to advise on this.

The regulations for a religious wedding may vary depending on the religious denomination and the area in which the marriage is to take place.

Foreign Roman Catholics may marry in a Spanish Church provided they have proof of their religious background in the form of certificates of baptism and a letter from the parish priest. The couple should contact their local diocese and the Roman Catholic Church to make the arrangements. This may not be available in all provinces.

Documentation required includes:

• Birth certificate (with Spanish translation if foreign)
• Baptismal certificate issued at most six months prior to the wedding, authenticated by the issuing Bishopric (and translated into Spanish)
• Proof of permission to marry (Certificado de Capacidad Matrimonial)
• A Roman Catholic wedding is seen as a legally binding contract
Marriage Registration
Any marriage, regardless of whether the marriage takes place in a religious or civil service, must be registered within one week of the event with the civil authorities. This is the registration of marriage (Inscripción de Matrimonio). The registration of the marriage can also be used to ensure the partnership is recognised outside Spain.

A marriage certificate certifying the date, time, place of the marriage and details of the married couple is issued by the Civil Registry.
Having a baby in Spain
As soon as a pregnancy is suspected, consult a doctor. This visit is to confirm the pregnancy, examine the expectant mother to organise routine blood tests and an early ultra sound scan.

Generally (although this may vary) you should receive pre-natal examinations from a doctor or midwife:

• every 4 weeks until week 28
• every 2 weeks until week 36
• weekly until delivery

The midwife provides a great source of support to the expectant mother. Some clinics have a doctor and midwife team which provides continuity of care.

Spanish Social Security provides a pre-natal care benefit to pregnant women whose jobs would put their pregnancy at risk.
Pre-Natal Education
Ensure that the chosen clinic offers a complete pre-natal education programme. This will be provided by the midwife and is a vital part of pre-natal care. The course should include preparation for labour (what to expect), breathing and relaxation techniques and preparation for infant feeding.
Where to have the Baby
Although it is seldom possible to choose a particular unit at a Social Security hospital these hospitals tend to offer a very high standard of care, with emergency personnel services readily available.
When choosing a delivery unit the following should be considered:

• Which unit has the highest safety record
• Whether there is a paediatrician resident in the unit 24 hours a day
• If there are facilities for intensive neonatal care
• The Caesarean section rate
• The methods of pain relief available

In the private sector, the chosen obstetrician may only deliver care in one particular unit. This would limit the choice.

Following normal delivery without complications mother and baby can expect to be discharged home within 24 hours. Following Caesarean section the stay in hospital may be from three to five days.

On discharge from hospital, the paperwork in order to register the baby, advice on vaccinations, and an infant record book which records the infant’s health from birth to 18 years of age will be received.

The following vaccinations are recommended: tetanus, diphtheria, whooping cough, (Difteria, tétano, tos farina), Haemophilus B (Haemophilus infl uenzae tipo B), MMR (Sarampión, paperas, rubeola) TB (BCG).

Immunisation policy may vary in the different autonomous regions of Spain.
Home Births
Home births are generally not available in Spain.
Registration of a Birth
Births must be registered within eight days at the local civil registry office (Registro Civil). It is the parents responsibility to ensure this is done and it must be carried out in person. In some cases the hospital, clinic or midwife will register the birth.

Either parent, grandparents, a brother or sister, aunt or uncle or cousin of the parents, may register the birth. The registered name must conform to Spanish regulations regarding compound names and also ensure that the name will not prove harmful or confusing for the child.

There are two types of certificate:

• short/abridged (un extracto de inscripción de nacimiento or certificado simple): contains the date of birth, the names of the child and parents and the inscription number.
• full birth certificates (un certificado literal de nacimiento): full certificates may be needed for registration with the Consulate of a baby born to foreign national resident in Spain.

The birth registration includes:

• name of the new-born
• date, time and location of the birth. In the case of multiple births, when the exact time is unknown for each newborn, indication shall be given of the order in which they were born, or that this could not be determined.

• whether the new-born is male or female and the name given
• the parents, when the relationship is legally recognised
• the number assigned to the birth or verification file
• the time of registration

Birth certificates must state whether a child is legitimate or illegitimate. Children born within 180 days after their parent’s marriage, or within 300 days of a divorce, a marriage annulment or the death of the father are considered legitimate.
Registering a child born within a marriage
A close family member can register the birth; the following must be taken to the Civil Registry:

• Medical delivery report (this form is provided by the hospital where the delivery took place)
• DNI (National Identification Card) of the parents
• Family Book (or marriage certificate duly legalised and translated, as appropriate)
Registering a child born outside marriage
In this case, a declaration is required from both parents, with the father and the mother going to register the birth in person, providing the following documentation:

• Medical delivery report (this form is provided by the hospital where the delivery took place)
• The parents DNIs
• Indication of the mother’s marital status
• If a prior marriage existed, the legal presumption of paternity must be removed by providing: Marriage certificate (with the corresponding note), and the separation or divorce decree (witnessed)
• In the case of a de facto separation, two witnesses must accompany the interested party to the Register
• Birth certificates for specific regions can be downloaded from 060.es: Click here and select the relevant region (in Spanish)
Post Natal Care
Post natal care tends to be very limited. Social security merely offers routine six week post natal examination (unless, of course, there are complications).
Statutory Maternity Leave
Statutory maternity leave in Spain is currently 16 weeks paid leave from work, which may be taken before of after delivery. This is increased by two weeks for each child in the event of a multiple birth from the second baby.

Fathers are entitled to paternity leave; it is as a shared part of the mother’s maternity leave. If there are complications for either the baby or the mother the father is entitled to longer leave.
Dying in Spain
The Spanish way of dying

If you choose to live in Spain, then you may well, whether you choose to or not, die in Spain. And if living in Spain can cause bureaucratic problems, dying in Spain can be a veritable minefield of difficulties.
Make a Spanish will
You can always make a will in your own country to dispose of any assets there, but if you don’t have a Spanish one, under Spanish law you will not automatically inherit.

Your assets may well be distributed to a bewildering array of relatives, and you may end up with virtually nothing. Any good solicitor can handle this for you, and it’s money well spent.

Under Spanish law, all assets are frozen from the time of death to the granting of probate, even if you have a Spanish will.This includes your joint bank account, so, if you can afford it, keep separate accounts in your individual names – this will ensure that you can pay for the funeral, and have some living expenses until probate is through.
Failing that, though technically illegal, one option might be to clear out the joint account before you inform the bank of the death.

Death may be certain, but the manner of it is not. And that means if your partner dies suddenly, you may have to deal with a lot of bureaucracy, when you are very distressed.

You must ring the local police immediately to advise them of the death. The police will contact the local tanatorio, or mortuary, who handle the disposal of all bodies. (Spain doesn’t have funeral directors, in the same way as many other countries).

Assuming it was a natural death, they will collect the body, for which you must have ID, in the form of either a residencia card or passport.

You will also have to tell them what kind of funeral you require. Cremation or burial? Anglican or Catholic?
Funeral Costs
A basic funeral may cost you around EUR 3,000; an elaborate one more, a cremation far less. Either way, the funeral is going to cost you, and it has to be paid for, there and then.

A Spanish tanatorio is unlikely to take credit cards, and if you can’t pay for the funeral, you’ve got major problems. A funeral insurance plan will pay for the funeral in Spain, make all the arrangements, and is paid monthly or annually, like any other insurance policy. A pre-paid funeral plan, on the other hand, under which you essentially pay for the funeral up-front (though several plans can be paid over a period of years) will do much the same, but also allows for the costs of repatriating the body back to your own country, if that is what you want.

In this case, a cremation is far cheaper (it can cost you GBP 4,000-plus to fl y a coffin to Britain, for instance) and ashes can be transported (with a licence) far more easily.

Remember, also, that the Spanish ‘hole-in-the-wall’ burial is not forever, but often for only ten years. After that, the ‘lease’ must be renewed, or the body is removed for burial in a communal grave. This obviously places a responsibility on the next of kin, which needs to be thought about, so discuss it with your family or the executor of your will in good time.

So, as with so many things, the important factor is to plan ahead. Try to get a fact sheet in English on what to do when someone dies, from a solicitor or your local tourist office, see a solicitor about making a Spanish will, and have a chat with your insurance agent about some kind of funeral insurance. And don’t delay.