The new Law of Voluntary Jurisdiction allows married couples to be divorced before a Notary in Spain, without the need to go to court. The couple can sign a deed which is composed of a declaration of their willingness to divorce, and the incorporation of the divorce settlement agreement.
However, in order to proceed with a divorce in this manner, the following requirements must be met:
- Divorce must be by mutual agreement.
- The spouses should not have children under the age of 18, or offspring of any age with disabilities.
If the couple have offspring of legal age but who are economically dependent upon them then these dependants must give their approval regarding the issues that may affect them, (such as alimony or use of the conjugal domicile),
- The Notary must be in the same municipal as the last conjugal domicile, or in the municipal where the current residence of either of the spouses is located.
- The intervention of a lawyer is essential.
The signing of the divorce deed with a Notary can only be done in person, all parties must be present. The act cannot be delegated to anyone else by a Power of Attorney or by any form of legal written or verbal representation. Both spouses must be present at the same time to sign the deed.
Perhaps this is due to the fact that the assistance of a solicitor is obligatory as they can offer impartial legal advice regarding the contents of the deed before it is signed. The law is designed so that both parties can consult and confer with their lawyer in person at all times during the procedure, and thus negotiate what is necessary for the terms of the divorce agreement with each other and with the guidance of a lawyer. Lawyers are also required to sign the deed as proof of their presence and legal advice.
When both spouses are foreigners: If they were married in Spain, the requirements for divorce do not vary. If they were married abroad, it would be necessary that the registration of the marriage be translated, legalized and be “apostilled”, (This is an addition to the document which certifies and legally verifies the authenticity of a document so that it is considered valid internationally). It is important to note that at least one of the spouses must be resident in the same Spanish municipal where the notary chosen for the divorce is located.
Therefore, if you intend to get a divorce, it is necessary to have an expert lawyer to advise you and manage your divorce. Marbellasolicitors Group has a team of lawyers specializing in divorces that can help and assist you with this or any other issues. Please, do not hesitate to contact us and arrange an appointment at any of our offices:-
By e-mail: email@example.com or by phone. 952- 901- 225.