HOW TO GET DIVORCED: COMPLETE GUIDE 2023

Divorce is the legal procedure that ends the marriage, dissolving the legal ties between
spouses. But depending on the family or personal circumstances of the parties, the
procedure may involve different steps.

How to get divorced in Spain? Steps to follow

As of 2005, in Spain, no cause is required to proceed with a divorce. The only requirement
for divorce is that at least 3 months must have elapsed since the celebration of the marriage
to be dissolved. This amendment to the Civil Code and the Civil Procedure Act was passed
by Law 15/2005 of 8 July 2005.

However, once the decision to initiate divorce proceedings has been taken, certain steps
must be taken in order to correctly carry out the legal proceedings before the corresponding
institution. According to the type of divorce in question.

The following are the main steps to follow in order to get divorced in Spain.

Step 1. Identify the type of divorce

The first step is so determine which type of the divorce is appropriate:

● If both parties wish to divorce, the divorce is by mutual consent. It is a quicker,
cheaper, simpler and less emotionally draining separation for the both parties.

1. If the parties are in full agreement on each point or clause, such as the
settlement of assent or the custody regime, if there are children, they
can go to the same lawyer.

2. In the event that both parties wish divorce, but there are points on
which they cannot agree, it is necessary for each party to have a
separate lawyer, as this is the best way to defend their rights.

3. If there are no minor children in the marriage, the divorce can be
processed at the notary’s office.

● If the spouses cannot reach an agreement, the divorce is contentious. This
procedure takes place only before the courts, and each of the parties must have their
own lawyer and solicitor.

1. It is a more complex, slower, more costly process and generates great
tensions or emotional problems. There is usually resistance from one
of the parties.

Step 2. Hire a professional lawyer specializing in the area.

In order to initiate divorce proceedings in Spain it is necessary to be advised and
represented by a legal professional, and it is very important that the lawyer is a specialist in
the area of divorce. Not only will he/she know all the processes in detail. but he/she will also
be fully updated with every recent development of the legal regulations in the civil area.

It is also very important that the lawyer generates sufficient confidence in you, as he or she
will ultimately protect, defend and look after your interests and wellbeing.

In addition, it is of great importance that he or she maintains excellent communication with you, so that you can
be informed of the status of the proceedings and of the developments.

The lawyer will tell you all the legal steps to follow in the process, according to each
particular case. He will also provide you with all the advice and guidelines so that the divorce
can be carried out in the best possible way.

● If divorce by mutual consent:

1. The couple explains to the lawyer the terms on which they wish to proceed
with the divorce. In the event that each party has a different lawyer, the
professionals will help reach an agreement and proceed to draw up an
agreement.

2. The lawyer drafts the settlement agreement.

3. The application is filed with the court, together with the agreement. If there
are minor children, the Public Prosecutor’s Office will intervene to verify that
the minors are not affected.

4. The agreement is ratified and the divorce decree is issued.

● If the divorce is contentious:

1. The spouse who wishes to initiate divorce proceedings will contact the lawyer,
explain the terms of the divorce and the lawyer will draft the petition, which
will be filed with the competent court.

2. Once the lawsuit has been filed, the Court notifies the defendant for a
response.

3. The trial period begins.

4. Sentence is passed.

Step 3. Documents you must have.

In order to initiate a divorce action, in any of its types, it is necessary to present a series of
evidentiary documents, both of the marital relationship and of the other circumstances,
according to the case.

However, all divorces require the submission of the following documents:

● Marriage Certificate.

● Birth certificate of children, if there are minor children.

● The deeds of each of the movable or immovable properties, in case of joint
ownership.

● Certificate of census registration of both parties or proof of matrimonial domicile.

Once the lawyer has all the relevant documentation, according to the type of divorce, he or
she can proceed to the court to file for divorce.

Divorce of a foreigner resident in Spain

In addition to the different types of divorce that exist in Spain, a special case arises when a
married couple of foreigners redefining Spain decide to terminate their relationship and wish
to apply for divorce within Spanish territory. THis is a case that involves different
procedures.

You can apply for divorce before the Spanish courts, as long as you live in Spain.You must
present documentation proving the marital union and the existence of the minor children, if
applicable. When the divorce decree is issued, the court will order it to be entered in the
registry books of the country where the marriage was contracted.

If you are in a period of separation and have taken the decision to initiate divorce
proceedings, it is important to seek advice from lawyers who have the skills, knowledge and
professional ethics to give you peace of mind.

At ABOGADOS MAR CONSULTORES we are experts in civil and family law. We have
more than 25 years of experience offering peace of mind to our clients. Contact us. With us
you will get the support you need.