Legal issues Spain

Getting married in Spain for foreigners requires fulfilling a number of legal requirements and preparing the necessary documents.

 

General requirements

 

Right to marry: One of the future spouses must be a resident of Spain or have Spanish citizenship. This requirement is mandatory for getting married in Spain.

 

Documents:

- Passport of both spouses.

- Birth certificate of both spouses.

- Certificate of civil status (proof that you are not currently married, or a divorce/death certificate of a previous spouse).

- Proof of place of residence for the past two years (e.g., residence registration).

- Certificate from your country's consulate confirming the possibility of marriage.

- All documents issued abroad must be translated into Spanish and certified with an apostille.

 

Registration process

 

1. Preparation of documents:

- Collect all the necessary documents and translate them into Spanish. The documents must be certified by the relevant authorities.

 

2. Submission of documents:

- Once all documents are collected, they must be submitted to the civil registry office at the place of residence of one of the spouses. It is important to find out in advance about the specific requirements in your region.

 

3. Interview:

- After submitting the documents, an interview may be scheduled to verify the authenticity of the relationship and to exclude sham marriages. The interview is conducted with both spouses and includes questions about their joint life, acquaintance, and future plans.

 

4. Marriage conclusion:

- After successfully passing the interview and verifying the documents, a date for the ceremony is appointed. The ceremony can take place at the town hall, court, or another approved location.

- After the ceremony, the spouses receive a marriage certificate and a family book confirming their marital status.

 

Particularities for non-EU citizens

 

Visa requirement: Foreigners from non-EU countries must have a valid visa or residence permit to get married in Spain. In some cases, additional permission from the immigration authorities may be required.

 

Translation of documents: All documents required for marriage registration must be translated into Spanish and legalized with an apostille.

 

Marriage registration abroad: If the marriage was concluded abroad, it must be registered in Spain to be recognized as legal.

Main steps for birth registration

 

1. Registration at the Civil Registry Office:

- All births in Spain must be registered at the local civil registry office at the child's place of birth. In most cases, hospitals send the necessary information to the civil registry office automatically, but sometimes it is required to personally visit the civil registry office to complete the process.

 

2. Required documents:

- Medical birth certificate: Issued by the hospital and includes information about the date, time, and place of birth, as well as the details of the doctor who signed the certificate.

- Parents' identification documents: Passports or other documents verifying the identity of the parents.

- Marriage certificate: If the parents are married, this confirms their marital status. If the parents are not married, both parents must personally appear at the civil register.

 

3. Registration deadlines:

- The birth of the child must be registered within 8 days of birth. In the case of valid reasons, the period may be extended up to 30 days.

 

Child's citizenship

 

Spanish citizenship by birth:

- Generally, children born in Spain to foreign parents do not automatically receive Spanish citizenship. The child usually takes the nationality of the parents. However, there are exceptions: if both parents are stateless or if the parents' country does not recognize children born abroad, the child may obtain Spanish citizenship at birth through a procedure known as nacionalidad por presunción.

 

Registration at the consulate:

- After registration at the civil register in Spain, parents should register the child at their country's consulate to obtain a birth certificate and passport. This is necessary to obtain official status and documents recognized in the parents' country of origin.

 

Features for citizens from non-EU countries

 

Additional requirements: If parents are citizens of non-EU countries, they must provide additional documents confirming their legal stay in Spain, such as a residence permit.

 

It is recommended to consult with a lawyer beforehand or seek assistance from the consulate to clarify all details.

Registering a business in Spain for foreigners requires a number of steps and preparation of necessary documents. Here are the main stages of this process:

 

1. Obtaining a foreign identification number (NIE):

This can be obtained at a police station in Spain or through the Spanish consulate in your country.

 

2. Choosing the legal structure of the business.

 

3. Registering the company name:

The company name must be unique. You need to check its availability and register it in the Central Commercial Registry.

 

4. Opening a bank account:

It is necessary to open a corporate bank account and deposit the minimum share capital. The bank will issue a capital deposit certificate, which will be required for further registration.

 

5. Preparing the company's bylaws and the founding agreement:

The company's bylaws and founding agreement must be signed by a notary.

 

6. Registering the company in the commercial registry:

After the documents are signed by the notary, they are submitted to the commercial registry for official company registration. This process can take up to 15 days.

 

7. Obtaining a tax identification number (NIF):

- After company registration, it is necessary to obtain a tax identification number from the tax office. This number is required to fulfill all tax obligations of the company.

 

8. Registering with the social security system:

- If the company will be hiring employees, it is necessary to register with the social security system and fulfill all obligations regarding social contributions.

 

Additional recommendations

- Licenses and permits: Depending on the type of business, specific licenses and permits from local authorities may be required.

- Business Plan: Developing a detailed business plan will help not only in the registration process but also in the ongoing management of the company.

- Consultation with a Lawyer: Professional legal assistance can significantly simplify the registration process and ensure compliance with all legal standards.

Main Notary Services

 

Document Certification:

- Notaries certify the authenticity of signatures on documents, which is necessary for the legal validity of such documents as powers of attorney, contracts, and wills. This is especially important for foreign citizens who need to certify documents for use both in Spain and abroad.

 

Real Estate Transaction Registration:

- When purchasing real estate in Spain, the notary certifies the sale and purchase agreement and ensures its registration in the Property Registry. This ensures the legality of the transaction and protection of the new owner's rights.

 

Company Formation and Registration:

- Notaries play an important role in the company formation process. They certify the founding documents and register the company with the Commercial Register. This is necessary for the official commencement of the company's activities.

 

Features for Foreigners

 

Translations and Apostilization: All documents issued outside of Spain must be translated into Spanish and certified with an apostille. Notaries often work with translators and can assist in organizing document translations.

 

Document Requirements: To obtain notarial services, foreigners must provide identity documents (passport), a residence permit, and, if necessary, documents proving the legality of their stay in Spain.

 

Bilingual Notaries: In large cities such as Barcelona and Madrid, many notaries are multilingual, which facilitates the process for foreigners. However, it is recommended to involve a translator for full understanding of all conditions and legal terms.

 

Consultations with a Lawyer: Although notaries can provide legal consultations, for more complex issues such as inheritance, business registration, or real estate transactions, it is recommended to consult a lawyer who will work in tandem with the notary.

 

The Process of Obtaining Notarial Services

 

Appointment Scheduling: To receive notarial services, it is necessary to schedule an appointment in advance. In most notarial offices, this can be done online or by phone.

 

Payment for Services: Notarial services in Spain have fixed rates set by the government.

In Spain, the divorce process is governed by family law and can be carried out through judicial or notarial procedures. Divorce may be either mutual (non-conflict) or contentious, depending on the spouses' agreement on key issues.

 

Types of Divorce

 

Mutual (non-conflict) divorce:

- This type of divorce involves the agreement of both spouses on the divorce and the terms of property division, child custody, and alimony. The procedure is faster and cheaper than a contentious divorce.

- Documents are submitted to the court or a notary, who certifies the agreement and registers the divorce in the Civil Registry.

 

Contentious divorce:

- If one of the spouses does not agree to the divorce or the terms of property and custody, the process becomes contentious. In this case, it is necessary to go to court.

- The judge makes a decision after reviewing the evidence and hearing the parties. The process can take from several months to more than a year, depending on the complexity of the case.

 

Main Stages of the Divorce Procedure

 

1. Consultation with a Lawyer:

- The first step is a consultation with a lawyer who will help determine the type of divorce and prepare all the necessary documents.

 

2. Document Collection:

- Necessary documents include the marriage certificate, children's birth certificates (if any), proof of residence, and the divorce agreement for mutual divorce.

- All foreign documents must be translated into Spanish and certified with an apostille.

 

3. Filing for Divorce:

- For mutual divorce, an application is filed through the court or a notary. For contentious divorce, an application is filed in the court of the residence of one of the spouses.

- The judge verifies the documents and conducts a hearing if necessary.

 

4. Court Hearing and Court Decision:

- In the case of a contested divorce, the judge issues a decision that includes the terms of child custody, alimony, and property division.

- The court's decision is registered in the Civil Registry, after which the divorce is considered finalized.

 

Special Considerations for Foreigners

 

Marriage Registration: If the marriage was contracted outside of Spain, it must be registered with the Central Registry of Vital Records in Spain before initiating the divorce process.

 

Residency in Spain: To file for divorce, one of the spouses must reside in Spain or have their last place of residence in Spain. If the divorce is by mutual consent, it is sufficient for one of the spouses to reside in Spain.

 

The divorce process in Spain can be complex and requires careful preparation and adherence to all legal formalities. It is recommended to seek the help of experienced lawyers to ensure the successful completion of the procedure.

In Spain, foreigners can access various types of legal assistance and consultations, including free services for those who meet certain criteria.

 

Types of Legal Assistance

 

Free Legal Aid:

- Free legal aid is available to individuals with low incomes, as well as to victims of domestic violence, terrorism, human trafficking, and other vulnerable categories.

- The right to free legal aid is determined based on income, which must not exceed two to three times the IPREM (Public Indicator of Multiple Effects Income) depending on family circumstances.

 

Legal Advice and Rights Protection:

- Legal assistance is available for the protection of labor rights, in cases of administrative disputes, and for obtaining compensation after accidents. Assistance is also available for issues related to migration and asylum.

 

Alternative Ways to Obtain Legal Assistance

 

Private Lawyers:

- For those who do not meet the criteria for free legal aid, consultation with private lawyers is available. A lawyer can be found through the Spanish Lawyers Association or through specialized websites.

 

Organizations and Bureaus for the Protection of Citizens' Rights:

- Citizens Advice Bureau Spain and other non-profit organizations provide information and consultations on various legal issues for foreigners residing in Spain.

The processing of official document translations in Spain requires adherence to several important rules and procedures to ensure the legal validity and recognition of the translation by various institutions.

 

Types of Translations

 

In Spain, a certified (or sworn) translation is used for official purposes. Such a translation is performed by a certified translator accredited by the Ministry of Foreign Affairs of Spain. A sworn translation includes the translator's signature and stamp, as well as a certification confirming the accuracy of the translation of the original document.

 

A sworn translation is necessary in the following cases:

- Submission of documents for obtaining a visa (e.g., student or work visa).

- Registration of changes in marital status (marriage, divorce, etc.).

- Applying for Spanish citizenship.

- Recognition of professional or university diplomas for working in Spain.

- Registration of a business in Spain.

 

Procedure for Legalization and Apostille

 

If your document was issued outside of Spain, it may require legalization or an apostille for recognition in Spain. An apostille is a simplified form of legalization recognized by countries that have signed the Hague Convention of 1961. In the case of documents from countries that have not signed the convention, additional legalization through consular institutions may be required.

 

Professional Assistance

 

It is recommended to seek professional translators and specialized agencies for performing sworn translations. This ensures that the translation will meet the requirements and be recognized by the official institutions of Spain.

The judicial system of Spain is based on the principles of civil law, which means it relies on written laws and codes rather than judicial precedents, as in countries with a common law system. The fundamental principles of the judicial system are enshrined in the Constitution of Spain of 1978, which guarantees the independence of the courts and the principle of the rule of law.

 

Organization of Courts

 

The Spanish judicial system has a multi-level structure, including various types of courts:

 

- Supreme Court: is the highest judicial body of the country and has jurisdiction over all types of cases. Its decisions can only be appealed in the Constitutional Court if constitutional rights are affected.

- National Court: handles cases related to terrorism, organized crime, as well as administrative cases against the decisions of central authorities.

- High Courts of Autonomous Communities: are the highest courts in each autonomous community and have jurisdiction over civil, criminal, and administrative cases at the regional level.

- Provincial Courts: deal with criminal and civil cases at the provincial level.

- Courts of First Instance: handle most civil and criminal cases at the local level.

 

Procedural Aspects

 

Courts in Spain are divided according to jurisdictional areas:

- Civil jurisdiction: deals with cases between private individuals.

- Criminal jurisdiction: handles criminal cases.

- Administrative jurisdiction: reviews cases related to decisions of government bodies.

- Labor jurisdiction: resolves disputes between employees and employers.

- Military jurisdiction: concerns cases related to military service.

 

Role of European Law

 

With the membership in the European Union, the Spanish judicial system is increasingly influenced by European law, including the decisions of the European Court of Human Rights and the European Court. This has led to an increased significance of judicial precedents in Spain.

The process of purchasing real estate in Spain involves several key steps that need to be completed for the transaction to be successful and legal.

 

1. Obtaining a foreigner's identification number (NIE)

Without this number, it is impossible to complete a real estate transaction. You can obtain it through the Spanish consulate in your country or at the police in Spain.

 

2. Opening a bank account

To simplify financial transactions, it is recommended to open a bank account in a Spanish bank. This is especially important for the payment of taxes and fees associated with the purchase of real estate.

 

3. Choosing Real Estate

You can use the services of real estate agents and specialized websites to search for properties.

 

4. Signing a Preliminary Agreement

After choosing a property, a preliminary agreement is signed with the seller, and a deposit, usually about 10% of the property's value, is paid. This agreement fixes the price and terms of the transaction. If the buyer withdraws from the deal, the deposit is not refunded. If the seller cancels the deal, they are obliged to return double the deposit amount.

 

5. Arranging a Mortgage (if necessary)

If you require a mortgage, contact a bank to obtain a loan. For this, you will need documents proving your financial solvency, such as tax returns and bank statements. Banks in Spain offer mortgage loans for up to 30 years.

 

6. Signing the Final Agreement

The final purchase agreement is signed in the presence of a notary. The notary certifies the authenticity of the transaction and registers the documents. At this stage, the buyer transfers the remaining amount to the seller.

 

7. Registering Ownership

After signing the final agreement, you must register the property right in the land registry. This process can take from one to two months. Registration confirms your ownership of the property.

 

8. Payment of Taxes and Fees

The buyer is obliged to pay several taxes and fees:

- Transfer Tax (ITP) for secondary housing is 6-11% of the property's value, depending on the region.

- VAT (IVA) for new buildings is 10%.

- Notary fees and registration charges are approximately 1-1.5% of the property's value.

- The realtor's commission is usually 3-5% and is paid by the seller.

 

9. Post-Closing Actions

After completing the transaction, you need to take care of connecting utilities (water, electricity, gas, internet) and paying local taxes, such as property tax (IBI) and waste disposal fee. If you plan to live in Spain, register with the local town hall (empadronamiento).

 

 

Risks of Buying Property with Sitting Tenants in Spain

Purchasing property with non-evicted tenants represents a significant risk and requires special attention. Here are the main points to consider:

 

Legal aspects

In Spain, there are strict laws that protect tenants' rights. If the property being purchased is occupied by tenants under a current lease agreement, the new owner is obliged to comply with the terms of that agreement until its expiration. This means you cannot evict the tenants until the lease ends, unless they breach the contract terms.

 

Eviction procedure

Evicting tenants in Spain can be a lengthy and complex process. If tenants refuse to leave the premises voluntarily, you must undergo legal proceedings. The eviction process can take from several months to two years, depending on the circumstances and the court's workload.

 

Risks for the buyer

- Delay in access to the property: Until the eviction process is completed, you cannot use the property at your discretion.

- Legal costs: Eviction involves court fees and attorneys' fees.

- Property condition: In some cases, tenants may damage the property before leaving, requiring additional repair expenses.

 

How to avoid risks

- Checking the property's status: Before buying, thoroughly check the tenants' status and the terms of their lease agreement. This can be done through requests to the relevant registration authorities or with the help of a lawyer.

- Using a lawyer: Hire an independent lawyer who will review all aspects of the transaction and ensure your protection.

- Eviction clause in the contract: Include an eviction condition in the preliminary agreement with the seller. This can reduce your risks if eviction is a condition for the transaction's completion.

 

Complex cases

Some situations can be particularly challenging, such as when tenants have legal grounds for long-term residence (e.g., leases with eviction protection or the presence of minor children). In such cases, it is recommended to seek professional legal assistance to assess all possible risks and costs.

Adoption

Main Requirements

Age: One of the adopters must be at least 25 years old, and the age difference between the adopter and the child must be at least 14 years. The maximum recommended age difference is 45 years, except in cases of adopting children with special needs.

Certificate of suitability: This is a mandatory document that confirms that potential adopters are capable of providing a stable and loving environment for the child. To obtain this certificate, a psychosocial assessment is conducted, and documents such as income certificates, medical reports, and marriage certificates are provided.

 

Adoption Procedure

1. Consultation: The first step is to contact the child protection service in the autonomous community where the potential adopters reside.

2. Psychosocial evaluation: Conducting an assessment of the adopters' suitability.

3. Certificate of suitability: Obtaining the certificate after a positive evaluation.

4. Adoption proposal: After receiving the certificate, adopters are placed on a waiting list for an adoption proposal.

5. Formalization of adoption: Adoption is legally formalized and registered in the civil registry.

 

International Adoption

Additional requirements and procedures established by international treaties and conventions, such as the Hague Convention, apply to international adoption. Adoption can be processed through a Spanish court or Spanish consulates, depending on the circumstances.

 

Guardianship

Guardianship in Spain is regulated by the Civil Code and child protection laws. Guardianship is appointed in the best interests of the child and can be temporary or permanent. In the case of temporary guardianship, the child is under the protection of the state or an appointed guardian until a permanent solution is found, such as adoption or return to the biological family.

Features for Foreigners

Foreign citizens can adopt a child in Spain by following the same procedures and requirements as Spanish citizens. However, to adopt a foreign child, the laws of both countries and international agreements must be observed. It is important to seek advice from qualified lawyers and agencies specializing in international adoptions to ensure compliance with all legal requirements and avoid potential issues.

Adoption and guardianship in Spain are complex legal processes that require strict adherence to all procedures and requirements. Foreigners wishing to adopt a child in Spain must be prepared for a lengthy process and the necessity of complying with both Spanish and international regulations. It is recommended to seek assistance from professional lawyers and specialized agencies to ensure the successful completion of the process.