FOR several years now following the approval of the 15/2015 law of voluntary jurisdiction, it is possible in Spain to get divorced or separated before a public notary, provided that several requirements are met, including:
.-That the divorce or separation must be by mutual consent or agreement
.-That there are no minor children
.-That there are no disabled children (unless their situation is modified by the court)
The notary must have an office in the municipality of the last common domicile of the marriage or, if applicable, the address of one of the requesting spouses.
The spouses must appear in person before the notary as it is not possible to sign the divorce deed by proxy or through a representative by means of a power of attorney or similar.
The law also requires that spouses are assisted by a registered Spanish lawyer who must appear before the notary as it is required by law that the parties are aware of their legal rights and understand the consequences of the agreement.
It should be noted that in such cases the importance of the advice of expert in family law is fundamental as the notary will only review the deed of agreement reached between the parties but will not advise them on their rights or potential claims, etc.
Likewise, in the event that there are children of legal age who are dependent and part of the agreement affects them, they must also go to the notary to confirm their understanding and approval of the agreements that may have consequences for them.
For expatriates living in Spain, this possibility of divorcing before a notary is usually a quick, economical and acceptable option.
enough the consequences of the agreement which will legally bind them in the future, so proper legal advice is essential before visiting the notary to sign a divorce by mutual agreement.
Regarding divorce before a notary, the following should be also taken into account:
- The documentation to be presented: in case of having married abroad Spain, an apostilled and translated marriage certificate must be provided and a birth certificate/s for the children (if applicable).
- It is essential to keep in mind that, although the divorce is in Spain and the spouses are residents in Spain it is possible that the law governing the marriage of expatriates could be determined by the law of the common nationality of the spouses or of the place where they lived at the time of marriage.
This may decide therefore that the assets acquired during the marriage belong to both spouses or only to the person who obtained them and this will have a decisive impact on the rights of the parties at the time of the divorce.
In summary, it is possible to divorce quickly in Spain before a notary, but it is fundamental, especially in the case of expatriates, to know your rights and obligation sin order to make sure that the agreement to be signed before a notary is adequate. Likewise, and in the case of expatriates or foreigners who decide to divorce in Spain, it is essential to know the applicable law, in order to receive adequate advice.
If you want to get divorce or prepare yourself for a possible future divorce, contact us and we will help you.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel:+34 966 426 185
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