What Is the Certificate of Legal Capacity to Marry File?
Before the official registration of any marriage in which one party is a foreign citizen, the Spanish Civil Registry (Registro Civil) opens a file called the "certificate of legal capacity to marry" (expediente de capacidad matrimonial). The purpose of this file is to prove that both parties are fully eligible under the law to marry and that there is no legal impediment, such as an unresolved previous marriage.
Required Documents from the Iranian Party
- Iranian birth certificate, with consular legalization and an official translation
- A certificate of singleness or an equivalent official document issued in Iran
- Valid Iranian passport
- Residency certificate or empadronamiento, if residing in Spain
Since Iran is not a member of the Hague Apostille Convention, the Iranian certificate of singleness and birth certificate must first be legalized at Iran's Ministry of Foreign Affairs and then at the consular section of the Spanish Embassy in Tehran, before they can be used in the certificate of legal capacity to marry file. Read the full details on our consular document legalization page.
Separate Personal Interview for Both Spouses
An important part of this file is a separate interview of each spouse by the Civil Registry or notary official. The purpose of this interview is to confirm that the relationship is genuine and sincere and to rule out the possibility of a marriage of convenience (matrimonio de conveniencia) whose real purpose is simply to obtain residency.
Both parties must be able to provide similar details about the history of the relationship, everyday life, and shared plans. A clear inconsistency in the answers can lead to the file being delayed or rejected.
Approximate Timeline
Depending on how complete the documents are, particularly how quickly the Iranian certificate of singleness is consular-legalized, and the workload of the local Civil Registry office, this file usually takes between a few weeks and a few months. It is advisable to start the consular legalization steps for the Iranian documents as early as possible, ahead of the other steps.
Frequently Asked Questions
What is the certificate of legal capacity to marry file?
A process before the official registration of a marriage at the Spanish Civil Registry, to prove both parties' legal eligibility and rule out a sham marriage.
What is the Iranian equivalent of a certificate of singleness?
A certificate of singleness or an equivalent official document issued in Iran, after consular legalization and an official translation.
How does the separate interview work?
Each party is interviewed separately to confirm that the relationship is genuine.
How long does this file usually take?
Usually between a few weeks and a few months, depending on how complete the documents are.