A subject we least think about when we get married. Many people dream of a long and happy life together in Spain. But unfortunately, no one is immune from divorce, and in practice, such cases are increasingly common, even among strong couples. Therefore, it is better to be armed with knowledge and have an idea of what you will have to face if it does happen.
In this article, you will learn about the main nuances of divorce in a sunny country.
Types of divorces
In Spain, there are 2 options for divorce: by mutual consent and controversial. In both the first and second cases, it is important to comply with one important requirement stipulated by the law, at least 3 months must elapse from the moment of marriage.
Consensual divorce is the fastest and most economical process for both parties. This is due to the fact that both partners come to understand all the related conditions of divorce, so a court decision is not required. The agreement between the spouses is recorded in the current regulatory agreement, which specifies everything related to the division of property, the establishment of relations with children, if any, maintenance pensions, etc. This agreement is ratified by a competent judge.
In addition, there is the possibility of divorce at a notary in the absence of minor children. He must always be accompanied by a lawyer and also prepare the governing agreement between the spouses. The advantage of notarial divorce is that the procedure is even faster. This type of divorce is known as express divorce.
A controversial divorce occurs when one of the spouses requests it without the prior consent of the other, or when no agreement has been reached between the couple. In this case, it is necessary to file a claim in court. It is the judge who, through the decree on divorce, will determine all the details with which each of the spouses will remain as a result of the official separation.
This method is obviously the most costly from an economic point of view, since each of the spouses will need their own lawyer. In addition, it is more complex and, as a rule, lasts much longer than by mutual agreement, until all agreements are recorded in court.
The documents that must be provided for the divorce procedure differ depending on the position of the spouse:
– Dissolution of a marriage concluded in Spain does not require red tape and a long time to collect, since the papers will be from the Spanish authorities.
– In case of divorce of spouses, whose marriage is registered in the registry office not in Spain, it is necessary to request the appropriate documentation in the country of its conclusion.
In the case of other EU member states, documents are recognized legally by virtue of the EU Public Records Regulation 2016/1191. However, if these are documents from third countries that are not members of the EU, then it will be necessary to make a sworn translation and affix the Hague Apostille.
!!! The exceptions are those countries with which Spain has certain agreements. In this case, an apostille is not required for certain documents. For example, Russia and Spain signed such an agreement regarding the documents provided by the registry office.
This is one of the most important issues that arise in divorce proceedings and can become a stumbling block. All property acquired in marriage becomes jointly acquired and in case of divorce it is divided in half, if during the marriage the spouses did not draw up a prenuptial agreement on separate property.
The exceptions are regions such as Aragon, Catalonia, Valencia and Vizcaya, where this mode is active by default.
If there is no agreement in the couple, then the division of property turns into a long and painful process.
The marriage was contracted abroad, but the couple currently live in Spain. Can you get a divorce in Spain?
The right to divorce in Spain does not depend on the nationality of the spouses, or on where they were contracted. Competence depends on where the couple lives. For example, a Spanish court may divorce a couple who have entered into an alliance in Russia but are currently residing in Spain, provided that the marriage is confirmed by a registration certificate. Further, the decision on divorce must be reported to the civil registry where it was registered.
These are general points worth knowing. But the divorce process may differ depending on the specific situation of the couple. Therefore, it is always best to consult a good family lawyer.
We will be glad to help you!