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Civil Marriage in Spain

Hi everyone!

I hope someone can help us on our problem. I am a Filipina living in Manila and my Fiancee is a Spanish, living in Madrid.

My Fiancee decided to visited me and my family this Easter week and finally we decided to live together, get married and build our future family in Madrid. Our Lawyer(which is a Filipina living in Spain and works in Philippine Embassy) advised us to get a Tourist Visa for a while  and then get married in Spain. Unfortunately the Consulate denied my Visa Application because they have recovered my Fiancee's previous email inquiries on their account. They said, the email is a clear evidence that the real intention of my Visa is to get married.

Upon releasing of my denied letter, the Spanish officer advised me,that the proper way is to get married first in the Philippines.  In line to this,my Fiancee sent an email to the Consulate for requirements and information but until now we have not received any replies.

We are reviewing the requirements and procedure in the consulate website for civil marriage, we are shocked to know that we need to apply, send requirements and get an interview for us to get married. It's like another Visa application again. Their website is quiet confusing in regards to Civil Marriage procedures.

We are asking for your kind help to give us a clear idea about what steps, requirements and procedures to take. Is it better to get married outside the Consulate, like civil marriage in the Local City hall?

Our goal for now is to live together and soon get a proper Church wedding in Spain. I hope you can help us, since our lawyer is not efficient enough to help us. We already paid her half of 2,000 euros as professional fee. Please help.

Sorry but I do not understand why you appear to be asking about the rules for getting married in the Philippines.    If you ask at the town hall in your town what is required they will tell you.

I got married in Manila some years ago. It was straightforward.  We had a garden wedding performed by the mayor.    I was divorced so we could not marry in church.

Once married my wife applied for a visa to travel to Spain. That too was straightforward.  Spain has signed an EU Directive that it is in effect illegal to keep a family separated. 

When she arrived here she applied for RESIDENCIA.

Thanks!

Thanks Johncar, we appreciate your quick,simple and straight forward reply. Honestly we are confuse if is better to marry in the consulate manila or have a civil marriage in the Municipal hall. Anyway we will consider your advise to get married by a Mayor and then get the residencia. :)
I think our lawyer advised us the wrong step and now the Consulate already know our intentions and blocking my Visa application. Anyway how long does you wait for your wife's approved visa? Did she applied for tourist visa or residence visa? I never thought that applying for Visa and marriage is very complicated.
Thank you very much, God bless you and your wife.

I may be wrong, but I have never heard of anyone getting married in a consulate.

If you marry in the  Philippines is will be under their law.

As I said, ask at a town hall.   They issue the licence to get married, withouit which you cannot marry, so will  know the law.

Hi Johncar, thanks for the quick reply. Sorry if i disturb you but i could not stop myself for sending follow-up questions.
After your marriage in the Philippines, did you register your marriage in the Spanish consulate? And then did you applied for residence, petition or tourist visa for your wife? Big thanks! :)

It was 11 years ago so I do not recall all the steps we took, 

At that time, and I do not think it has changed, there was only a tourist visa, unlike with UK.

After the marriage and getting the paperwork in Phil, one applies for the 90 day Schengen visa. 

On arrival in Spain one starts the application process for RESIDENCIA. Once that is started, that the visa expires is not important.

I cannot remember registering the marriage in the Spanish consulate. I do not think that is a a requirement,

Hi Johncar, i think the requirements have change. I was denied for the 90 days Schengen tourist Visa application because they knew we are planning to get married in Spain. And now they are requiring us to get the Consular certificate of legal capacity to marry first. We need to apply, send requirements such as:
        1. Photocopy of current passport of both contracting parties
        2. Birth Certificate issued by the Spanish Civil Registry; for Filipino citizens, issued by PSA-Philippine Statistics Authority.
        3. Certificate of marital status/No impediment; for Filipinos, certificate of no marriage record issued by PSA (NSO
        4. Certificate of Residence during the last two years. This certificate can be issued by the pertinent Consulate if the person has resided abroad. For residents in Spain, the certificate must be issued by the Municipality of your place of residence.

And finally have an interview before they give us the certificate.

Unfortunately they also said that if we want to get married in Philippines. The Philippine authorities require foreign nationals to submit a Consular certificate of legal capacity to marry too. This procedure is regulated by article 252 of the Implementing Rules of the Civil Registry Law, and it requires submission of documents and a private and separate interview with the Civil Registrar.

And this sucks because my fiancee have lots of responsibilities in Spain and it's impossible for him to go in Manila for an interview and go back again in Spain and then go back again in Manila for our Civil marriage. Honestly we are frustrated because the consulate is giving us cold shoulders and our lawyer is ignorant, she seems confused too. Anyway Thanks for your advises. :) I am happy to know you and your wife were able to get the marriage and get the residecia. God bless you more!

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