Civil Marriage vs Religious Marriage: Legal Implications in Spain and Practical Recommendations

 

Is civil marriage the same as religious marriage? From a legal perspective in Spain, both can produce the same effects if the legal requirements are met and they are properly registered in the Civil Registry. Nevertheless, there are important nuances that should be understood before choosing the form of celebration, especially regarding procedures, deadlines, registration, matrimonial economic regime, and future implications in inheritances or in a potential separation or divorce.

At GVC Abogados (García Valcárcel & Cáceres), a firm of family lawyers in Murcia, we advise and assist in the choice of the form of marriage, in the processing of the marriage file, in the prenuptial agreements, and in any related issues (inheritances, marital crisis, annulment, etc.).

What the law says: civil effects, registration, and forms of celebration

Civil effects and registration in the Civil Registry

According to the Civil Code, marriage produces civil effects from its celebration, but for its full recognition against third parties, registration in the Civil Registry is necessary. This applies to both civil and religious marriages. Registration is key to proving the bond in procedures such as changing children's surnames, pensions, insurance, inheritances, or judicial proceedings.

Civil marriage: competent authorities

Civil marriage can be celebrated before a competent authority, with two witnesses, meeting the capacity requirements and having processed the prior file. In Spain, civil marriage can be celebrated by, among others:

• Mayor or Councillor to whom they delegate.
• Justice of the Peace or Civil Registry Officer.
• Lawyer of the Administration of Justice (formerly, Judicial Secretary).
• Competent Notary, with subsequent registration in the Civil Registry.

Religious marriage: when it has civil effects

Civil effects are recognized for marriages celebrated in the religious form provided by churches, confessions, or religious communities duly registered in Spain. In addition to the Catholic Church, civil recognition is granted to marriages celebrated according to the forms of confessions with agreements with the State (e.g., evangelical, Jewish, and Islamic), provided that the legal requirements are met and that they proceed to registration in the Civil Registry through the corresponding certification.

Common requirements for marriage

• Marriage capacity: to be of legal age or emancipated; not to be bound by a previous marriage; free and informed consent.
• Impediments: kinship in a direct line by blood or adoption, and in a collateral line up to the third degree (with possible limited dispensations in the third degree); absence of serious defects in consent.
• Prior marriage file: proof of identity and marital status, and verification of the absence of impediments.

Common procedures and documentation

Although they may vary depending on the case, the most common documents required are:

• Identity document (DNI/NIE/passport) of both parties.
• Literal birth certificate.
• Certificate of residence or registration.
• Declaration of marital status or certificate of life and status.
• In the case of divorce or widowhood: literal certificates of the previous marriage and of the divorce or death.
• For foreigners: certificate of marital capacity or equivalent, legalised/apostilled and translated when applicable.

In the religious marriage (e.g., Catholic), in addition to the canonical file or internal documentation of the confession, it is essential to ensure registration in the Civil Registry for it to have full civil effects.

Legal effects: what does not change between civil and religious

Once duly celebrated and registered, marriage – whether civil or religious – generates the same civil effects:

• Marital economic regime: In Murcia (common law), the supplementary regime is the community of property, unless the spouses agree otherwise in marital agreements (e.g., separation of property).
• Succession rights of the surviving spouse: under common law, usufruct of the third of improvement if there are descendants; usufruct of half if there are only ascendants; and usufruct of two thirds if there are neither descendants nor ascendants.
• Spousal and family duties: cohabitation, mutual support, acting in the interest of the family, and corresponding parental responsibility regarding the children.
• Measures in marital crisis: separation, divorce, parental measures, alimony, and use of the family home, regardless of the form of celebration.

Marital agreements: key to protecting assets and business

Marriage settlements are granted in notarial deed before or after the marriage and allow for the choice or modification of the economic regime (e.g., separation of property), as well as the agreement of specific patrimonial rules. They are particularly recommended if one of the spouses is a businessman, a professional with risk, or is embarking on real estate or investment projects.

At GVC Abogados, family and inheritance lawyers in Murcia, we design settlements aligned with your patrimonial and tax objectives, coordinating with the notary when appropriate.

Nullity, separation, and divorce: practical particularities

• Divorce and separation: they are always civil, regardless of whether the marriage was civil or religious. They can be processed by mutual agreement (including notarial option for certain cases without minor or dependent children) or contentious before the Court.
• Canonical nullity (Catholic marriage): it can be declared by ecclesiastical courts; for it to have civil effect, it must obtain its recognition by the civil jurisdiction in accordance with procedural regulations.
• Urgent measures: custody, alimony, use of housing, and visitation regimes can be adopted and modified judicially in the interest of the minor.

Cases with an international element and marriages celebrated abroad

If one or both parties are foreigners or the marriage is celebrated outside Spain:

• A certificate of marital capacity or equivalent document may be required.
• Foreign documentation must be legalised or apostilled and, where applicable, translated by a sworn translator.
• The marriage celebrated abroad must be registered in the competent Spanish Civil Registry for its full recognition.

Civil or religious? Advantages and considerations

• Speed and agenda control: the civil option before a notary or civil authority usually offers more flexibility in dates and times.
• Unified processing: in the civil option, the file and celebration are usually centralised; in the religious option, it is essential to coordinate the subsequent registration in the Civil Registry.
• International recognition: both are recognisable if they meet the legal formalities and registration, although certain jurisdictions may require additional documents.
• Legal content: once registered, there are no differences in civil rights and obligations due to the form of celebration.

Common mistakes to avoid

• Not registering the religious marriage in the Civil Registry, delaying or frustrating effects (inheritances, benefits, procedures with children).
• Not formalising prenuptial agreements when appropriate (professional risk, second marriage, unequal assets).
• Neglecting international documentation (apostilles, translations) in marriages with foreigners.
• Not planning inheritances and the usufruct of the widowed spouse in blended families or with significant assets.

Frequently Asked Questions

Does a religious marriage have the same effects as a civil one?

Yes, provided it is celebrated according to a recognised confession and is registered in the Civil Registry. From a civil perspective, its effects are equivalent.

What economic regime applies by default in Murcia?

Under common law, applicable in Murcia, the community property regime applies by default, unless the spouses agree to another regime in a prenuptial agreement.

Can I get divorced if I married in a church?

Yes. The divorce is always civil. Canonical annulment, if applicable, requires civil recognition to have effects in the state legal system.

What documentation do I need for the application?

Identity, birth, registration, marital status and, if applicable, divorce or death documents. For foreigners, certificates of capacity and legalisations/translations.

How GVC Lawyers Can Help You

• Family law lawyers in Murcia: choice of marriage form, processing of applications, prenuptial agreements and asset advice.
• Inheritance lawyers: succession planning, legitimate shares, usufruct of the spouse and notarial coordination.
• Mediation and marital crisis: separation, divorce, arrangements with children, liquidation of community property.
• International: documentation, registration of marriages celebrated abroad and recognition of resolutions.

GVC Lawyers (García Valcárcel & Cáceres) — Plaza Fuensanta, 3 – 6ºB, 30008 Murcia. Tradition and trust since 1946, with a multidisciplinary team that integrates lawyers, jurists and experts when the case requires it.

Conclusion

Choosing between civil or religious marriage is a personal matter; from a legal standpoint, the key is to meet the capacity requirements, properly process the application and, above all, register the marriage in the Civil Registry. From that point on, the civil effects are equivalent, and what will be decisive for your assets and your family will be to properly plan the economic regime and succession. If you are looking for lawyers in Murcia with practical experience in family law and inheritances, at GVC Abogados we are here to help you.