How to get past the marriage certificate fiasco

Firstly, I know this part of the residency application is confusing so I will try to make it as clear as possible.
To get the Non-EU’s residency one part of the application is showing your valid relationship to them as your spouse. Spain asks for your original marriage certificate to be reissued (i.e. get a new copy) and for it to be apostilled. The time limit they put on it is three months before the date of the residency application. (I will use my case as an example.) This means that if you, the Non-EU, enter Spain on 6th June, your three months in Spain are up 90 days after this on 4th September. If you got your marriage certificate re-issued on 28th May, your three months (taken as 90 days) for the validity of the certificate are up on 26th August. Although you have until 4th September in which to apply for residency, you need to apply, in fact, before 26th August.

Is it legal?
The short answer is no. Under both European and Spanish law this fact is not required according to both the Directive 2004/38/EC and the Real Decreto 204/2007.

We’re in Spain and there isn’t a way for us to go back to the country of our marriage and get a new one. What do we do?
Spain and the British Embassy have a cushy deal going on by offering a service to “validate” your marriage certificate for the Non-EU’s residency application, it’s called a “Recognition of a Foreign Marriage” certificate and costs 254€. This is another document which isn’t outlined in either the Directive or the Real Decreto. So, you can fight/argue/tell them their job because they certainly don’t know how to do it.

What do I need to take to the residency interview?
– The letters I received from the British Embassy and their Spanish translations from my post here
– This letter, filled out with your details in the Spanish version explaining your situation and quoting the relevant laws English for reference and Spanish
– The rest of the residency documents listed here
– A copy of the Real Decreto 240/2007 in Spanish and in English
– A copy of the Directive in both Spanish and your own language: English; French

Ask them to accept your application even if it will be rejected, which it won’t be. It really depends on who you get on the day; whether they know the law or not.
The worst case scenario is making a complaint to SOLVIT and it taking 10 weeks to be resolved. Other people have done it and have been successful, but it all depends on how long you plan on being in Spain and the money you have to tide you over.