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How to change your surname after marriage or divorce in Spain

While it's not usual for Spaniards to change their last names when they get married, it is possible for foreigners who want to do so. These are the steps to follow and the requirements you have to meet.

How to change your surname after marriage or divorce in Spain
How to change your surname in Spain? Photo: Annika Wischnewsky / Unsplash

In Spain, it’s not a tradition for women to change their surnames when they get married. Spaniards typically have two surnames – their father’s surname, followed by their mother’s surname (although nowadays it can be the other way around). The couple’s children will take the first surname of their father and the first surname of their mother to create their own last name.

READ MORE: Why do Spaniards have two surnames?

But what if a foreigner gets married in Spain and wants to change their last name to that of their partner as per tradition in their own country?

Or how about if you already have your partner’s name, but you get divorced in Spain, and what to change your surname back to your maiden name? Can this be done?

The simple answer is yes, you can change your last name in Spain, but there are several rules and circumstances that you must meet.

READ ALSO – Civil union or marriage in Spain: which one is better?

Keep in mind that although it can be done, because it’s not a usual thing to do in Spain when you get married or divorced, the process is complicated and you may have to repeat a lot of the bureaucratic processes you did when you first arrived in Spain.

The conditions you must meet to change your surname are:

– You must have a legitimate reason for the change, you can’t just change your surname simply because you feel like it.

– The new surname must belong to the person requesting the change. For example, if you want to change your name because you divorced, you cannot just request a brand new surname, you will have to prove that your maiden name belonged to you and change it back to that or another family surname you can prove you have a connection to. 

– If you want to have two last names, then both these names can’t be from the same side of the family. For example, you can’t have two names from your father’s side of the family and none from your mother’s.

The change cannot be detrimental to third parties.

READ ALSO: Can non-residents or new arrivals get married in Spain?

There are, however, some exceptions to the rules above. These include:

– Spelling corrections – Sometimes it might be possible that your surname is spelt wrong due to an error on behalf of a parent or grandparent or the Civil Registrar who registered the name in the first place. In this case, you are allowed to change your name to the correct spelling.

– Gender violence – If you are a victim of gender violence, then you may change your surname without the above requirements being met. You need to prove it’s a case of protection and there have been legal proceedings involved.

– Offensive surnames – You may change your surname if you meet the rules above, unless it’s offensive or means that there will be a great inconvenience.

– Preservation of traditional Spanish surnames – While this won’t apply to foreigners, those who have very traditional Spanish surnames that are at risk of dying out, may not be allowed to change them, in order to keep these names alive.   

How do I change my last name in Spain?

– If you got married in Spain, you can change your surname by going to the Civil Registry office in your local area, within five days of the ceremony, requesting the name change. You must show them your marriage documents as proof. They will issue you with a marriage certificate with the new surname.

– If you were married abroad, you will have to get your marriage certificate translated into Spanish and apostilled in order for it to be recognised.

– Similarly, if you got divorced in Spain or abroad, you will need to show the official paperwork of your divorce and some proof of your maiden name (or your mother’s maiden name if you prefer).

This might sound simple, but this is only the first step, you will need to change your name on every single official document you have in Spain and abroad in your home country. This means it’s essentially like starting out again when you first moved here. 

– The next most important thing to do is to get your surname changed on your passport. You will do this by contacting the authorities in your home country. The process will be slightly different, depending on where you live.

– Once you have ID documents in your new surname, you’re ready to change all the documents you have in Spain. This means firstly applying for a new green residency card if you’re from the EU or a new TIE card if you’re from a third country. You will essentially have to go through the whole process again, showing your new passport, any financial or health requirements, as well as everything you needed to show the first time around.

READ ALSO: Is it better to do a joint or separate tax declaration if you’re a couple in Spain?

– You’ll also have to change your name on your padrón certificate from your local town hall or ayuntamiento – this may be needed in order to get your new residency cards.

– Remember, you’ll also need to change your name on your bank account, public or private health card, driving licence and at the social security office for tax purposes. You’ll need to visit each institution separately, showing them your new passport and Spanish residency card, stating your new surname. You may need to go through the whole process of applying for them again, so it could take some time. 

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HEALTH

EXPLAINED: Spain’s plan to stop the privatisation of public healthcare

Spain’s Health Ministry has announced a new plan aimed at protecting the country's much-loved public healthcare system from its increasing privatisation.

EXPLAINED: Spain's plan to stop the privatisation of public healthcare

In 1997, at the time when former Popular Party leader José María Aznar was Prime Minister of Spain, a law was introduced allowing public health – la sanidad pública in Spanish – to be managed privately.

According to the Health Ministry, this opened the door to a model that has caused “undesirable” consequences in the healthcare system for the past 25 years.

Critics of the privatisation of Spain’s public healthcare argue that it leads to worse quality care for patients, more avoidable deaths, diminished rights for health staff and an overall attitude of putting profits before people, negative consequences that have occurred in the UK since the increased privatisation of the NHS, a 2022 study found

Companies such as Grupo Quirón, Hospiten, HM Hospitales, Ribera Salud and Vithas Sanidad have made millions if not billions by winning government tenders that outsourced healthcare to them.

On May 13th 2024, Spanish Health Minister Mónica García took the first steps to try and rectify this by approving a new law on public management and integrity of the National Health System, which was published for public consultation.

The document sets out the ministry’s intentions to limit “the management of public health services by private for-profit entities” and facilitate “the reversal” of the privatisations that are underway.

It also aims to improve the “transparency, auditing and accountability” in the system that already exists.

The Ministry believes that this model “has not led to an improvement in the health of the population, but rather to the obscene profits of some companies”. 

For this reason, the left-wing Sumar politician wants to “shelve the 1997 law” and “put a stop to the incessant profit” private companies are making from the public health system. 

The Federation of Associations in Defence of Public Health welcomed the news, although they remained sceptical about the way in which the measures would be carried out and how successful they would be.

According to its president, Marciano Sánchez-Bayle, they had already been disappointed with the health law from the previous Ministry under Carolina Darias.

President of the Health Economics Association Anna García-Altés explained: “It is complex to make certain changes to a law. The situation differs quite a bit depending on the region.” She warned, however, that the law change could get quite “messy”.

The Institute for the Development and Integration of Health (IDIS), which brings together private sector companies, had several reservations about the new plan arguing that it would cause “problems for accessibility and care for users of the National Health System who already endure obscene waiting times”.

READ MORE: Waiting lists in Spanish healthcare system hit record levels

“Limiting public-private collaboration in healthcare for ideological reasons, would only generate an increase in health problems for patients,” they concluded.

The way the current model works is that the government pays private healthcare for the referral of surgeries, tests and consultations with specialists. Of the 438 private hospitals operating in Spain, there are more who negotiate with the public system than those that do not (172 compared with 162).

On average, one out of every ten euros of public health spending goes to the private sector, according to the latest data available for 2022. This amount has grown by 17 percent since 2018.

However, the situation is different in different regions across Spain. In Catalonia for example, this figure now exceeds 22 percent, while in Madrid, it’s just 12 percent, according to the Private Health Sector Observatory 2024 published by IDIS.

Between 2021 and 2022, Madrid was the region that increased spending on private healthcare the most (0.7 percent), coinciding with the governance of right-wing leader Isabel Díaz Ayuso, followed by Andalusia (0.6 percent).  

READ MORE: Mass protest demands better healthcare in Madrid

Two years ago, Andalusia signed a new agreement with a chain of private clinics that would help out the public system over the next five years.

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