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NOTARIES MAY AUTHORIZE THE RECORDS PRIOR TO THE CELEBRATION OF THE MARRIAGE16th September 2021
REAL ESTATE, NEXUS GROUP, INFORMA
Since last 04-30-2021, the almost 3,000 notaries that are distributed throughout Spain, even in small towns, will be able to authorize the files prior to the celebration of marriages, which until that date could only be done in the Civil Registry. Thus, couples who want to get married may go to the notaries so that the prior marriage certificate is processed.
Notaries, as a public official and recognized authority, must verify that the future contracting parties have the capacity to enter into marriage, that there are no impediments, such as being minors, or that they are married to other people; or, where appropriate, the possible dispensation of the impediments. Likewise, they must ensure that it is not a simulated marriage. They will also determine the economic regime applicable to the marriage and the civil neighborhood of the contracting parties.
This reform reinforces the consideration of the notary as an authority, which was already made manifest with the entry into force of the Voluntary Jurisdiction Law, in July 2015, from which the measure derives.
José Ángel Martínez Sanchiz, President of the General Council of Notaries, We notaries will provide this function with the efficiency, speed and security of the notarial function, helping couples to process their files in the shortest and possible time and providing advice free, if they wish, on other issues, with the regime that will govern their marriage and the possibility of making marriage agreements.