Spanish recognition of a non-EU marriage to a UK/EU national

[watson47]

I'm a Brit in Morocco with my Moroccan husband; married last year in Rabat, Morocco and we have our official Marriage Act, in Arabic. I've read that the UK recognises Moroccan marriages but I'm having trouble finding out how to obtain official paperwork to back this up for external use. I chatted with someone here in Rabat who said they just come up with disclaimer wording like "for administrative purposes only" and "recognised outside the UK" which doesn't do it for other countries. A call to the Consulate backs it up and they just say go and get a lawyer! To be fair they really said I should obtain legal advice.

I explain why I need this document. I want to register myself in Spain and exercise EU family regroupment rights for my husband to obtain his 5 year residency so we may live there together. The problem, I am told, is that the Spanish will not accept the official Moroccan Marriage Act (with certified translation) and the UK Consulate in Morocco cannot provide us with an official document to state they recognise we are married.

I suppose this is why many people "remarry" back in their home European countries. We however don't wish to settle in the UK.

Does anyone have any suggestions as to what we do, what we can obtain, what satisfies the Spanish, where do we get it etc.?

Thank you so much for any advice. It seems like a vicious circle!

[John]

Under the terms of the UK's Foreign Marriages Act 1892 the UK recognises any marriage that happens outside the UK that is recognised as a legal marriage in the place where the marriage took place. So as far as the UK is concerned, if your marriage is recognised as a legal marriage in Morocco then the UK also recognises it as a legal marriage.

But Spanish law, do they have the equivalent of the UK's Foreign Marriages Act? I don't know, but that is the pertinent question.

[Directive/2004/38/EC]

Does anyone have any suggestions as to what we do, what we can obtain, what satisfies the Spanish, where do we get it etc.?

Why do you think Spain does not recognize your marriage?

You should read also:
http://en.wikipedia.org/wiki/Internatio ... monial_law
and http://en.wikipedia.org/wiki/Hague_Conf ... tional_Law

[watson47]

Thank you, John. I said 'vicious circle' because the UK would recognise our marriage if we wished to settle in the UK however, thus far, it appears there is no official document that can be issued by the UK to say that we are married. It appears other European countries insist on something from my country.

A British friend of mine, also in Morocco, proved to the French Consulate that he and his wife were married (for a visitor visa). The French also would not accept the Marriage Act with certified translation but they did accept a UK Consulate issued letter that said they recognised the marriage abroad for administrative purposes. Oddly enough, my friend said that the UK just did this letter from looking at the very Marriage Act and translation the French would not accept! Anyway, this same paperwork is not acceptable for Spain.

It could be possible that I'm the only Brit in Morocco to seek official recognition of my marriage beyond UK/Morocco but surely not the first Brit in the world, married to a non-EU national, to need similar paperwork? If the UK can't help me here in Morocco, who would I contact in the UK? Is there someone at the Foreign Office? Should I register our marriage in the UK and get an MP to scribble on it? I just don't know!

[86ti]

Why isn't it just possible as Directive has already pointed out that you obtain the Apostille form the relevant Moroccan authority and then present the marriage certificate with translation and Apostille to the Spanish embassy?

[Directive/2004/38/EC]

I just wonder if the poster has actually tried working with the Spanish using their existing marriage certificate, or are working on (possibly incorrect) second hand information.

Also see http://www.direct.gov.uk/en/Governmentc ... /DG_175716
You can deposit your marriage certificate with the UK GRO. Might be a useful thing to do in any case. I am not 100% sure how having a marriage certificate on deposit at GRO is helpful, but...

[watson47]

Why do you think Spain does not recognize your marriage?

Because of other peoples experiences here in Morocco, and a bit of legal advice from immigration specialists in Spain saying they would require something official from UK authorities and that it clearly validates our marriage.

I looked at your links. I didn't read everything on this, but the second link lists Spain and Morocco as members. I would have thought that's enough to say they should respect each others marriage acts (with translations). This is sort of why I didn't read so much - on paper it looks like it makes sense but the reality here on the ground can be a bit different!

[Directive/2004/38/EC]

I would suggest you simply apply for a visa. Be very clear in the application that you are a EU citizen, you are planning to exercise your EU treaty rights in Spain, and that the visa application is for your family to accompany you.

The reality is that you are covered by extensive EU case law and Directive 2004/38/EC in entering and living in Spain. It is not clear that they have any choice but to accept your marriage certificate.

If they refuse you, get the refusal in writing. They are required to give you a reason for refusing the application.

[Richard66]

Have you deposited a copy of your marriage certificate in the UK? You can do that through the consulate and you will have virtually a UK marriage certificate.

[watson47]

I would suggest you simply apply for a visa. Be very clear in the application that you are a EU citizen, you are planning to exercise your EU treaty rights in Spain, and that the visa application is for your family to accompany you.

The reality is that you are covered by extensive EU case law and Directive 2004/38/EC in entering and living in Spain. It is not clear that they have any choice but to accept your marriage certificate.

If they refuse you, get the refusal in writing. They are required to give you a reason for refusing the application.

Thank you. It's good advice, from everyone. I was just trying to explore some of the pitfalls before diving in. I will look into this Apostille thing because I am fairly certain that, without such an authentication, they would try not to accept it - just as the French Consulate did with my friend.

It's not going to happen immediately but I'll report back. Thanks.

[watson47]

Have you deposited a copy of your marriage certificate in the UK? You can do that through the consulate and you will have virtually a UK marriage certificate.

No, it's been a consideration but it was pointed out to me that the GRO is a central registry for documents like this but as such does not vouch for their validity. It would allow me to easily order certified copies though and something that I might do anyway.

[Richard66]

I did it. Very useful it is, as the certificate is translated into English. On top of this, the fact the consulate will do this, does imply the document is valid. At least the Spaniards might believe so.

[ejw4h9]

I'll go ahead and agree with Directive and 86ti...go ahead and get an apostille (Morocco signed on with the international agreement to "eliminate" a bit of the bureaucracy in assuring legal documents are official) and a translation. Present these documents and get an official denial, if they actually deny it. They'll tell you what you're missing and you can go from there. Good luck and let us know!