MUTUAL AND CONTENTIOUS DIVORCE IN SPAIN
If you are not Spanish but you have been living in Spain, you can get divorced in Spain.
There are two types of divorce in Spain: mutual divorce and contentious divorce.
We explain you how to get divorce in Spain in this blog.
CAN I GET DIVORCE IN SPAIN?
You may get divorced in Spain only if you comply with any of the following requirements:
- If you and your spouse are Spanish residents at the time of filing for divorce.
- If you and your spouse are Spanish nationals, in case of divorce by mutual agreement, wherever you are located.
- If you are the plaintiff and are a Spanish national and living in Spain.
- If you are the defendant and are a Spanish resident (regardless of your nationality).
Therefore, if you are not Spanish, but you have been resident in Spain for years, you can get divorced in Spain.
WHAT IS A MUTUAL DIVORCE?
The procedure for getting a divorce is quickest when both parties agree to the dissolution of the marriage.
The spouses may divorce by mutual agreement when they have been married for at least three full months. Therefore, it is not necessary for the couple to have been legally separated for any period of time before filing for divorce.
The power to grant a divorce rests with the judge, who also has the authority to approve the governing convention.
WHAT ARE THE FORMALITIES OF A MUTUAL DIVORCE?
A mutual divorce needs:
- A lawyer and a procurator (legal representative). The same lawyer can act and represent both parties. The lawyer can also mediate or arbitrate in order to solve some issues.
- Power of Attorney so the procurator and lawyer can act on your behalf.
- The subscription of a divorce order/claim and a governing convention («convenio regulador«).
- Copy of the marriage certificate and the birth certificates of the children.
WHAT IS «CONVENIO REGULADOR»?
The “convenio regulador” is the contract of agreement between spouses covering the following issues:
- Cohabitation and custody arrangements for any children, including visitation rights of the non-custodial parent.
- The sum that has to be paid for children’s alimony.
- Any compensation allowance or alimony that, if any, shall be made by one of the spouses in favor of the other spouse.
- Use of the family dwelling.
- The manner, if any, in which the spouses continue to contribute to family expenses.
WHICH ARE THE ADVANTAGES OF A MUTUAL DIVORCE?
The main advantage is that it can be concluded within a few weeks.
WHAT IS A “CONTENTIOUS DIVORCE”?
If the parties fail to agree on the governing convention (“convenio regulador”), the divorce petition can be filed by only one of the parties to the marriage.
The contentious divorce can be filled when spouses have been married for at least three full months. It is not necessary for the couple to have been legally separated for any period of time before filing for divorce.
In certain cases, a party may petition for a divorce without waiting for the three-month period. This would apply when there is a proven danger to the life, physical integrity, liberty, moral integrity or sexual liberty or indemnity of the petitioner.
WHAT ARE THE FORMALITIES OF A “CONTENTIOUS DIVORCE”?
A contentious divorce needs:
- A lawyer and a procurator (legal representative) for each spouse.
- Power of Attorney so the procurator and lawyer can act on the spouse´s behalf.
- Copy of the marriage certificate and the birth certificates of the children.
HOW IS THE PROCESS OF A “CONTENTIOUS DIVORCE”?
The solicitor will submit the divorce order which the measures the spouse wants regarding cohabitation and custody arrangements for any children, including visitation rights of the non-custodial parent, alimony, use of the dwelling, etc.
Once the divorce order is submitted at Court, the Judge will send a copy of the divorce order to the other spouse who will have 20 working days to name a lawyer and procurator and answer the divorce order.
The answer can be for and/or against the divorce order and also include new petitions.
If there is not agreement between spouses, the Judge will date a hearing where parties will discuss about the measurements of the divorce. The Judge will dictate a sentence where he/she will gather the measurements of the divorce.
WHICH ARE THE DISADVANTAGES OF A “CONTENTIOUS DIVORCE”?
A contested divorce can take anywhere from a few months to a more than a year.
A contested divorce can be complex and stressful for both spouses.
CAN I APPEAL A DIVORCE IN SPAIN?
The sentence determining the divorce can be appealed in the next 20 days after the notification of the sentence. If none of the parties appeals, the sentence will be filed to the Spanish Civil Registry (Registro Civil).
CAN I CHANGE A DIVORCE SENTENCE?
The parties may apply for the modification of the measures established by the divorce sentence, and such modification shall be made by means of a subsequent judicial dictum or a new governing convention (convenio regulador).
Warning: The information set out below is a general guideline provided by REUTERS SOLICITORS. Specific advice should be sought before any action in reliance on it is taken, as explained more fully in this website.
REUTERS SOLICITORS team will help you with your DIVORCE in Spain.
If you want more information, do not hesitate to contact us.
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