Gay Weddings in Spain
In June 2005, gay and lesbian marriages were made legal in Spain for
those aged over 18. Since that date there have been many hundreds of
same sex weddings in various cities and towns.
In the Costa Blanca area – places such as Valencia, Denia, Finestrat
and Benidorm have already held same sex weddings, and other towns such
as Calpe, Moraira and Javea are expected to follow suit before too long.
None of the Churches in Spain, as yet, will agree to hold a gay ceremony,
therefore they are at Civil Registry Offices on certain days of the week
or in some areas private premises are allowed, such as Hotels, Restaurants
and Villas.
How legal is the marriage in Spain?
It used to be that for any legal marriages, one or both of the couple
had to be resident in Spain for a minimum of 2 years. This is changing
all the time - there are some areas that will accept only one of the
couple being registered in Spain for a much shorter time, and even some
areas who will marry ‘foreigners’ who do not live in Spain.
The application of the new laws varies from town to town. The Spanish
Government is gradually taking to Court those Council Mayors who refuse
to comply, so it is important to obtain the most recent information regarding
the current situation when researching the right area for your marriage.
Plan ahead for the Big Day
An application for marriage in Spain can involve lengthy and time consuming
paperwork, you should therefore allow enough time before the intended
date of marriage for the application to be processed. It can take many
months in reality and as a general rule six months is required to complete
the application.
In Spain, you are covered under EU and EEA (European Economic Area)
common law which means that a gay marriage in Spain should be legally
recognised in those countries who allow same sex unions.
However a gay marriage is not recognised as a marriage as such in the
UK but is recognised as a civil partnership. In July 2006, a case was
taken to Court by a UK lesbian couple - who had legally married in Canada
- on the grounds of discrimination. Sadly they lost their case.
Only Canada, Spain and Belgium recognise gay marriage
as marriage. You
should check with your country of residence before committing to a marriage
in Spain to ensure it will be legally recognised within their partnership
laws.
Religious and non-religious blessings or commitment ceremonies can also
be held in beautiful venues across regions of Spain. Many gay Spaniards
prefer
to opt for a humanist non-religious blessing following the official marriage
ceremony.
Gay people of other nationalities also prefer to book a Civil legal
wedding followed by a blessing on the same day. The advice of a good
Spanish / International Lawyer combined with a local wedding planner
are well worth the costs to ensure you have the
correct paperwork and the proper procedure. Despite the difficulties
for many it is worth the time and effort to have their perfect legal
wedding in the sunshine.
Article reprinted with permission from Sue Coley, Javea Organisers.
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