Express Divorce in Spain

After 25 years the divorce law of 1981 has been changed. From the 8th of July of 2005 the Civil Code has been modified accordingly to new times in a more modern society and so the new law of 15/2005 was born. BOE (Bolet穩n Oficial del Estado) states that this "reform emphasizes on that freedom is above any jurisdiction" and can take 3 months.

A few requisites should be followed in order to successfully achieve the divorce. It must be agreed from both partners because if not the process will be longer and could not be achieved via divorce express. There also must be agreements on custody and visitation rights if there are children involved, agreements on the family home, alimony, and division of marital property and in this case, if all is agreed, then they can continue the process.

One must take the following into account:

-3 months must be have passed by since the marriage occurred whether it is by a civil or religious ceremony. However, a divorce petition can be considered valid if there is a life threatening reason or something that can harm someone physically or their moral integrity or freedom.

-Previous separation is not necessary but if one of the sides asks for separation and the other for divorce, the Judge will grant divorce.

-There is no need to state a reason for divorce.

-There is no need to make a division of marital property. This can be done afterwards and it is taken into account that any acquired goods after the divorce is granted, belongs to whichever one acquired them in a private manner.

-The last family residence must have been under Spanish territory or at-least one of the spouses. In the case that the marriage was celebrated in another country the first part still applies as their nationality will not be taken into account.

-In the case that both spouses are foreigners, they must have a certificate of applicable law issued by the corresponding Embassy.

Once all the requirements have been met the process may be started. An agreement must be made with the attorney present of the following clauses:

-Custody of the children and visitation rights and any agreements that can and should be made in reference to the children as well as alimony.

-Who remains in the family household and who keeps any family properties.

-Dissolution of any goods acquired during the marriage and specifications.

-Once this is all agreed, a certificate of the marriage must be obtained from the Civil Registration where the wedding occurred and also a Birth Certificate of any offspring. These Birth Certificates are free of charge. Also a certificate is needed from the notary assuring the power of the attorney. This is approximately 35-50euros.

-Once all the papers have been gathered, the request can be presented with the lawyer or prosecutor or because it is mutual agreement, it can be the same one. It is advisable to process the papers in the same court of the last family address or at least one of the spouses.

-The judge will ask for an appearance of both spouses, separately, two weeks maximum from when the paperwork was presented. The judge will analyze the agreement and if is just and/or harmful to the children. In this case, 10 days will be given to change the clauses. If nothing new is presented, the Judge will overrule those clauses and cite new clauses always in the interest of the family.

-In the off chance that the children are under-age, the Judge will seek a report from the Fiscal Ministry and will listen to the opinion of the children. If they are above 12 years old, a private audience will be celebrated in where he or she, shall be heard. In any case, this is a mutual agreement divorce so there will not be a need for this procedure as it will be hurtful for the child.

-Finally, after 2 or 3 months, a sentence will be dictated and a notification will arrive at the Civil Registry that will become effective.

Nowadays, e-divorces also exist. These are divorces that are done through the internet which are fast, effective and one saves up in cost. Its cost is usually around 450 euro which includes all service and naturally the price will increase if the couple has underage children.

These online proceedings include all information that has been processed by lawyers and attorneys, as well as the time and date they have been done. Mobile SMS are also part of this new and modern service as they will be sent in order to confirm and inform the spouses of all the movements and information. Some lawyers have social networks also that can help with the process.

It is important that the spouses check that the lawyer is included in the list of official lawyers of the Spanish community that they are in due to avoid any frauds and it will be the lawyer who will contact the attorney.