What you need to know about

Divorce In Spain
Express Divorce
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Legal Note - It should be remembered that the application of Spanish law varies considerably according to region and the circumstances of each individual and so this report can be treated as a general guide only and not as a substitute for qualified legal advice regarding any particular situation. Responsibility for acting on foot of this guide alone is entirely personal and no liability can be accepted by myAdvocate Spain. To get advice on your specific situation from expert legal practitioners in Spain please see the end of the guide.

Express Divorce in Spain

Where one of the spouses is Spanish and both are, or have been ordinarily resident in Spain, then Spanish law applies to the legal relations between the spouses. Fortunately for many, the prospect of getting divorced in Spain was made less daunting with the change in the laws regulating divorce in 2005. These changes have streamlined the process and offered the possibility of a reduction in the cost and time required to obtain a divorce. While never particularly welcomed, the express divorce process does offer a great deal of benefit to those spouses who are in general agreement as to the circumstances in which they will end the marriage. In this report we will look at the legal requirements to obtain an express divorce in Spain as well as the process itself as follows:

Requirements for an Express Divorce Steps to an Express Divorce The 'Convenio' Agreement Other Aspects of an Express Divorce

Requirements for an Express Divorce

One of the biggest changes brought about by Ley 15/2005 (Legislation moderating the Civil Code and the Judicial Process in the matter of separation and divorce) was that it was unnecessary to bring grounds for the divorce. Until then it was normal and necessary to have any (and who knows, perhaps even all.) of the following alleged in the divorce courts of Spain: alcoholism, infidelity, cessation of matrimonial cohabitation and drug addiction. But since the advent of the new legislation, it has been unnecessary to allege grounds for a divorce it is merely necessary that three months have passed since the marriage took place in order for a divorce to be sought be either or both of the spouses. Of course, a cornerstone of the Express Divorce procedure is that there be an agreed understanding between the spouses both as to the desire to end the marriage and the form that this should take. This 1

takes the form of a written and signed agreement or 'Convenio'. So what steps does a person need to take in Spain to end a marriage by way of express divorce?

Steps to an Express Divorce

The first step is to come to an agreement with your spouse to proceed with a divorce. It is then necessary to evaluate the marriage settlement i.e. what to do with the matrimonial home and any other joint assets or furnishings, custody and visitation rights regarding any children, payment of ongoing bills such as a mortgage and any child's upkeep, payment of any alimony by one spouse to another etc Once these issues have been agreed then it is simply a matter of contracting a lawyer who will draw-up the agreement formally in the form of a 'Convenio' and have this submitted to the relevant court with the necessary additional documentation required.

Documents Required for Express Divorce

When applying for an express divorce in Spain you will typically be required to present originals of the following documents: certificate of marriage (available from the Registro Civil), birth certificates of any children of the marriage (available from the Registro Civil), and the certificate of empadronamiento of one of the spouses 'Convenio' agreement

The 'Convenio' in Express Divorce

Article 90 of the Spanish Civil Code establishes the minimum requirements of a Convenio agreement between the spouses. It must: Establish the care of any children of the marriage, who will exercise legal authority over the children and the form and duration of visitation rights of the non-custodial parent If considered necessary, the visitation rights - if any - that grandparents will have with their grandchildren should be determined always taking into account the interests of the latter Assignment of the family home and household furnishings What contributions are to be made towards matrimonial costs and childcare costs as well as how these are to be calculated in the future The division of the matrimonial assets Any alimony payments that are to be paid by one spouse to the benefit of the other

The judge will almost certainly approve the Convenio agreement unless it is harmful to the children or gravely detrimental to one of the spouses. Should the judge decide that the agreement is not acceptable then it will need to be renegotiated by the spouses and resubmitted to the judge for a reappraisal. Should there be a substantial change in the circumstances that gave rise to the Convenio agreement then it may be amended judicially or by a new agreement between the parties.

Other Aspects of Express Divorce

The time necessary for an express divorce to pass through the Spanish courts should be no longer then 1 2 months maximum. In some cities it can even be quicker and take no more than 2 3 weeks though this will depend upon the existence of specialised Family Law judges and whether or not a fasttrack procedure has been instigated in the area. It is normally required for both spouses to attend the court hearing at the date and time appointed by the judge so that they can both ratify the Convenio in person. If for any reason it is impossible for one of the spouses to personally attend then that spouse may appoint the Procurador to ratify the Convenio on his or her behalf through a special power of attorney. The Procurador is an officer of the court specialised in it's functioning and who works closely with the lawyer to manage matters such as the documentation required and is able to advise on the correct 3

procedure in each matter before the court. In many respects the figure of the Procurador is not unlike that of a barrister in certain common-law jurisdictions and by law their presence is necessary in express divorce cases to handle matters on behalf of the spouses when they have reached the court stage.As long as at least one of the spouses is ordinarily resident in Spain then even a couple who are notSpanish nationals and who were not married in Spain may avail of an express Divorce under Spanishlaw. The spouse resident in Spain should apply for the process to be initiated (see Steps to ExpressDivorce).

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