When a marital relationship comes to an end, Divorce becomes an effective tool that allows regulating the effects of the breakup. Life goes on. Therefore, Divorce, in addition to ending the marriage, regulates the destiny of:
1. Personal property.
The assets acquired by the couple.
Custody and support of minor children.
4. The visitation regime for the parent who does not live with the minors.
The habitual residence.
The compensatory pension, if applicable.
In Spain there are two procedures to get divorced: the new notarial divorce and the classic judicial divorce.
Notarial divorce: Since July 2015, citizens can divorce before a Notary. The notarial divorce is characterized by being very fast. Once the documentation is gathered, it is possible to get a divorce within 3 to 5 days.
The requirements to be able to divorce before a notary are:
That more than three months have passed since the celebration of the marriage.
That the wife is not pregnant.
That there are no minor children (regardless of whether they are common children of the marriage or of only one of the spouses) or dependent children.
That both spouses agree to divorce.
Intervention of a practicing Lawyer in the granting of the Public Deed of divorce.
Judicial divorce: It is the traditional way of getting divorced. Above all, it involves a longer process, with a minimum duration of 3 months (depending on each Court). As for expenses, the Attorney's fees must be added to the Lawyer's fees.
However, it is the only option when one of the spouses does not agree with the decision to divorce, or there are minor children or children with judicially modified capacity who depend on their parents.
The complexity of the legal situation in this area makes it highly advisable to resort to the advice of specialized and competent lawyers. If you are thinking about getting divorced, save time and save money by requesting personalized advice. We will be happy to help you.
When approaching a divorce with foreign elements, such as the nationality of one or both spouses or the fact that the marriage was celebrated abroad, a series of legal complexities arise that require specialized attention. It is essential to determine if the divorce can be processed in Spain and what law will be applicable during the process. This involves analyzing international laws and bilateral treaties that may affect the case.
Our team of lawyers is specially trained to handle these situations. Firstly, we evaluate whether divorce can be initiated in Spain, taking into account local laws and relevant international agreements. We then work collaboratively with our clients to determine which law will govern the divorce. This may vary depending on factors such as the habitual residence of the spouses, the place where the marriage was celebrated and the applicable laws according to international treaties.
Once these aspects are established, we guide our clients through the entire divorce process, ensuring that all legal requirements are met both in Spain and in the spouses' country of origin. We also provide advice on the international validity of divorce, ensuring that our clients are informed about how the Spanish divorce decree will be recognized and enforced in their home country.
In most cases, divorce in Spain is recognized in other countries, providing a viable and often cheaper option for those who wish to end their marriage. However, it is crucial to have the right advice to ensure that the process is carried out efficiently and that all legal aspects are properly attended to.
