Los matrimonios de conveniencia: Una constante en el tiempo

Abstract

In this study, we demonstrate that marriages of convenience, also known as “marriages of convenience,” have become a steadily growing phenomenon in our country. In this context, and from the perspective of registry doctrine, we analyze and emphasize the conceptualization of this type of marriage. Understood as a marriage entered into without the real intention of marrying or cohabiting between the future spouses, marriage seeks to obtain the legal consequences attributed to it in each state and derived from the institution of marriage itself. We also study the elements that must be present in this type of marriage, understanding that “in reality,” what is sought is not a marriage between a Spaniard and a foreigner, but rather that a foreigner may benefit from the appearance of marriage to facilitate entry or regularize residence in the country, or to obtain the nationality of the alleged spouse. Finally, we analyze the Instructions published by the General Directorate of Registries and Notaries in 1995 and 2006 to combat and eradicate fraudulent marriages. From this perspective, we also list some of the presumptions that allude to its existence, as well as the legal consequences that may arise from civil, criminal, administrative, and registry perspectives.