II. CASE STUDIES AND RESPONSES TO THE QUESTIONNAIRE ON THE IMPACT OF CERTAIN LAWS AND ADMINISTRATIVE MEASURES ON MIGRANTS
D. Conditions for admission/stay
Question: Please provide information regarding any existing requirements and conditions for marriages of non–nationals and/or of nationals with non–nationals as well as the possibility for withdrawing authorization to stay following separation; and conditions for reunification of children.Please indicate recent changes in such legislation.
Responses
107. Spain specified that the same laws must apply for a marriage between nationals and a marriage between a national and a non-national, according to article 27 of the Civil Code. An exception is made for homosexual marriages in the case that the country of origin of one of the future spouses has no regulation yet on the matter. If both spouses are non-nationals, Spanish law or their national law should be applied.
Link to full text of the report: Report-SR Human Rights of Migrants-2007-eng