If you have decided to divorce, it is important for you to know that in Spain there are different ways to do so. In this article we will inform you about what divorce is, the different modalities that exist, and what are the requirements to apply for it.
What is divorce?
Divorce proceedings are used to dissolve the marriage, regardless of the form of celebration of the marriage, without it being necessary to The parties must be able to claim any cause and without prior judicial separation, provided that three months have elapsed since the celebration of the marriage in most cases. On the other hand, in 2015 the Voluntary Jurisdiction Law regulated the possibility of performing the divorce before a Notary if there are no minor children.
What types of divorce are there?
Divorce can be: a) contentious, when there is no agreement between the spouses, or b) by mutual agreement, in this case we have what is called “express divorce”.
What is an express or uncontested divorce?
As mentioned above, there is the possibility of going to a divorce proceeding by mutual agreement between the spouses, this possibility is contemplated both in the Civil Procedure Act and in the Spanish Civil Code. The spouses may also agree on their divorce by mutual consent by means of the formulation of a regulatory agreement before the Court Clerk or in a public deed before a Notary…”
We see that the Civil Code establishes that in order to be eligible for this divorce proceeding, a series of requirements must be met, which are described below:
What are the requirements for an express divorce?
- A) Mutual agreement
In this case, both spouses want to divorce, and previously, they have agreed on the measures to be adopted.
- B) The marriage must have taken place at least three months before the marriage
It is required that three months have elapsed since the celebration of the marriage except when the existence of a risk to the life, physical integrity, freedom, moral integrity or sexual freedom and indemnity of either of the members of the marriage or of the children of both is accredited.
- C) Domicile in Spain
At least one of the spouses must have his/her residence in Spain.
How is a divorce processed and what is necessary?
The express divorce is initiated with a lawsuit that must be signed by a solicitor and a lawyer. In the lawsuit it will be stated that both spouses request the divorce by mutual agreement, in addition to drafting the mutually agreed settlement agreement.
The following original documentation must be attached for submission :
- Regulatory Agreement signed by the spouses
- Certification of the Civil Registry certifying the marriage of the spouses
In case there are children, the literal certifications of the birth of the children issued by the Civil Registry.
What is the regulatory agreement and its content?
The regulatory agreement is a document in which the agreements adopted by the spouses are set out and must contain at least the following points regarding :
- The children: The care of the children subject to the parental authority of both, the exercise of this, the regime of communication and stay of the children with the parent who does not habitually live with them, if applicable, the regime of visits and communication of the grandparents with their grandchildren.
- The family home: to whom is attributed its use and enjoyment and the family trousseau.
- Compensatory pension: This consists of an amount to be paid to the spouse whose economic situation has worsened as a result of the divorce.
- Alimony: is the amount destined to the maintenance of the children.
- Liquidation of the matrimonial property regime
The advantage of the express divorce is that it is the parties who decide all these issues of the regulatory agreement and it will not be the judge who will impose them, which happens when the parties do not agree.
In short, and if we think in practical terms, the so-called “express divorce” is the fastest and most economical way to dissolve the marriage and with less cost of money and time for both parties. It is one of the most widely used forms because of its numerous advantages, including the possibility of using the same lawyer and attorney for both parties.
At MGYD Abogados we can help you to process your divorce, do not hesitate to contact us.
