How to file for divorce in Spain?

How to file for divorce in Spain?
Published on: 10 June 2024

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It is a very big step to be clear about when to start divorce proceedings, and there are many aspects to be taken into account.

Many couples who start divorce proceedings are unsure of their decision and decide to withdraw their application. After some time, they start the proceedings again, because their marital relationship is not working, and it is therefore essential to make a firm decision and not to go back.

If, having considered all the possibilities calmly, you decide that the best option for your future is to get a divorce, here are the steps to follow in order to file for divorce in Spain.

Filing for divorce in Spain

In order to file for divorce in Spain, a period of at least three months must have elapsed.

After this time, it is possible to file for a divorce by mutual consent or, on the other hand, and less advisable, a contentious divorce.

It is always advisable to carry out a divorce by mutual agreement in order to speed up the procedures and execute the separation as soon as possible, as it is not an easy time for either of the parties and a contentious divorce would cause an extension of the duration of the divorce proceedings, as the parties would have to appear at the court summons and wait for the judgement.

An application for divorce by mutual consent can be filed by both parties or on behalf of one of them as long as there is consent. They can be assisted by the same family lawyer and solicitor to process the divorce, so the cost is lower than if it is done by means of a contentious divorce, where each spouse would be represented by their own lawyer, with the intervention of two different solicitors.

Steps to file for divorce in Spain:

I. Divorce by mutual consent,

1. The spouses, or one of them on their behalf, shall submit the application for divorce to the court.
2. After the judge admits the application, they will be summoned to verify the clauses of the settlement agreement.
3. If there are minor parents, the public prosecutor shall carefully review the agreement in order to ensure their well-being.
4. If everything is correct, a judgement will be passed and the provisions of the agreement will come into force.

II. Contentious Divorce Proceedings.

1. One of the two parties shall file the contentious divorce petition with the court.
2. The other party shall be notified of the existence of the application and shall be given 20 days to file a defence.
3. After the answer to the complaint has been filed, a date will be set for the trial where the spouses will be summoned to testify.
4. After the trial has been held and both sides have been heard, a judgment shall be rendered in favour of the welfare of the minor children, if any.

What documents need to be filed in a divorce action in 2022?

When initiating divorce proceedings, a number of generic documents are required to be submitted, whether the divorce proceedings are contentious or uncontested.

The main document to be presented in a divorce action is the Marriage Certificate, which gives actual validation of the actual celebration of the marriage. To apply for it, it is necessary to go to the Civil Registry of the place where the marriage was contracted, although there is the option of applying for it telematically.

The birth certificate of the children, whether they are minors or adults, if any, must also be presented. The certificate can be requested through the Civil Registry Office.

In addition, together with the divorce petition, the proposed Regulatory Agreement must be submitted, where the clauses on family care with respect to the minor children appear.

Finally, the census certificate from the Town Hall of the place where the couple resides and the General Power of Attorney for Lawsuits, a document issued by a Notary by which the power of attorney is granted to the solicitor to represent the holder and act on his or her behalf in the Court, must be presented.

Where should the divorce petition be filed?

The divorce petition, whether it is an uncontested or contentious divorce, must be submitted to the family court in the area of the couple's domicile. In the event that they live in separate places, the documents can be filed in any court near the address of both addresses.

Remember that our Family Law Lawyers Office is at your disposal for this and any other queries you may have at the telephone numbers or e-mail address indicated above.

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