Abel Molina, matrimonial lawyer explains in press news about the civil registry and the family book: e-wedding.
CAs an expert marriage lawyer in Terrassa, I am going to talk to you about a legal novelty that will allow you to speed up your marriage file in the civil registry.
The human being likes to leave the doctor with a prescription, or a management with a document that certifies our management. And we have a long year of Covid with a lot of online procedures ... too much sometimes. And for more substance for this month of May it was announced that we would no longer leave the Civil Registry with our always well kept family book. But technological issues have delayed the "retirement" of the paper book.
This novelty of the family e-book has caused astonishment ... and more than one eh? among the oldest. And is that, Who has not seen family books with sepia photos? or in plastic covers that protect it from the future and offspring of the family. Or with its stylish, almost impossible-to-read calligraphy and faded blue pen ink.. Book always kept in a drawer and between clothes or fabrics. At least in my house, so i remember.
But wow! It is now an electronic family book. And we will leave the civil registry of our son / daughter without a piece of paper that proves it ... New times and new impulses.
Yes yes impulses. And it is that without recovering from the fright-disgust of the family eBook, Since last May 3, a long-awaited alternative in marriage has been in force and the processing of files to contract nuptials. E-marriage.
Until now, its slow processing of the marriage file was in charge of the Civil Registry. And all those who have wanted to get married know that in order to do so they have had to go to the nearest civil registry corresponding to their usual address. Present a series of documents there and wait and ... despair. Usually after two, three, four months and in some very extreme cases more, the Civil Registry gave the go-ahead to the file.
As an expert matrimonial lawyer for more than 2 decades I will put my finger on the problem… This reform brings its reason from 5 years ago! with the Voluntary Jurisdiction Act of 2015. And with 4 years of delay it is already in operation. It had to be the 2020 stoppage derived from the pandemic and the need to refrain from taking physical steps in situ the one that gave the expected boost.
And I say impulse because the marriage file will allow us to get married earlier.
Now the notary's office can process it and the notary that everyone wants can marry him / her. That is, it does not have to be the one that is closest to where we live. For example, I can live in Almería and go to a notary in Alicante or I can live in Terrassa and manage with a notary in Sabadell or Figueres.
All the necessary documents that we presented in the civil registry can now be presented at the notary. From where it will be reviewed, among other precautions to avoid incompatibilities, marriages of convenience, etc…, and will process it electronically with the Civil Registry.
This notarial procedure will allow us to avoid, partly, the debatable rhythm of work of the Civil Registries and their exclusive limited hours, normally, from 8-9 in the morning to only 2pm. On the other hand, notaries manage in the morning and in the afternoon. In consecuense, they will go faster in this tandem notary-registry management. And it will speed up and shorten the times in the processing of the marriage file. It is calculated that, approximately and I say approximately, In a period of about 15 or 20 days, what the Civil Registry takes to manage months can be resolved.
Regarding the documents necessary for this procedure, there are no changes.
The birth certificate of the future spouses, the historical certificate of registration, the divorce certificate if either / s of the spouses are already previously divorced. And in the event that any of them are foreigners, it will be necessary to provide the documentation, duly, legalized or apostilled through the corresponding Consulate or Embassy; also with sworn translation into Spanish if applicable.
And the most important, Where do we say "yes"?.
Answer: at the Notary of our choice.
Therefore, when deciding which notary to go to, you can choose the one that will be closest to the restaurant where, for example, go do the celebration; or closer to your home or any other reason. You can even consult the notary if he is traveling so that you can say yes in the same restaurant ... Of course, notaries offer services outside their offices although they will indicate the cost of your travel, his time, if it is a holiday, Sunday, Saturday ... according to the fees approved by the General Directorate of the Registry of Notaries.
The cost of these services will depend on the number of folios or sheets of the documents provided and that will be the basis of the minutes of the notary's office.. It was calculated around something more than 200 eur. Plus other 150, about, of the expenses of the notarial deed of celebration of the marriage.
Mention that for all those who do not have time to manage these documents with the notary or what is done to them "up hill" review and manage documents can, as always, entrust the management to an expert matrimonial lawyer of your choice who will review the documents, previously, before sending them to the notary, will clarify your legal doubts and will ensure that these procedures are further streamlined.
Extreme important when the couple does not have months of vacation or work permits, or from being in different places of residence, until the registry gave its slow approval to the file.
Thanks for your reading.
Abel Molina Iniesta, it is marriage lawyer Member of the Terrassa Bar Association.
Mediator accordingcredited by the Ministry of Justice, the Miguel de Cervantes European University and the International School of Mediation (EIM).
Member No.. 482 of the SCAF, Catalan Society of Family Lawyers.
And expert lawyer in family and human rights for the Council of europe, Program HELP.
ABEL MOLINA LAWYER LAWYER – MEDIATOR
lawyer – arbitration
ATTORNEY – MEDIATOR