Divorce by Mutual Agreement in SpainUpdated on Monday 18th April 2016
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In order to simplify divorce proceedings, Spain passed a new law in 2005. Law No. 15/2005 provides for no statutory reasons in order to make divorce by mutual agreement easier. Divorce by mutual consent is referred to as direct divorce in Spain. This type of divorce can be requested by both spouses or by one of them with the consent of the other. In order to obtain the divorce, the following conditions must be fulfilled:
- - the couple must have been married for at least 3 months,
- - in case of threats to the physical or moral integrity of one of the spouses, divorce will be applied immediately.
Legal separation is another alternative to direct divorce in Spain. Even if achieved under the same circumstances, legal separation means that the couple will remain married but the spouses live separately.
How to file a petition for divorce by mutual consent in Spain?
A Spanish Court of First Instance can receive a request for divorce or legal separation by mutual agreement under the following conditions:
- - if both spouses have a Spanish nationality,
- - if both spouses live in Spain,
- - if the spouse not filing for divorce lives in Spain.
Foreign citizens may apply for direct divorce in Spain if at least one of them has a residence permit and lives most of the time here. A foreign citizen may also apply for divorce by mutual agreement if they have lived in Spain for at least one year after the marriage.
Our Spanish lawyers can provide you with more information about filing for divorce or legal separation by mutual agreement.
Documents to be submitted in case of divorce by mutual consent in Spain
The parties involved in a divorce must appeal to the services of a Spanish law firm as the petition they will file with the court must be signed by the attorney. The request must be accompanied by the following supporting documents:
- - the marriage certificate,
- - the children’s birth certificates, where applicable,
- - the documents related to the cause of divorce,
- - documents related to the financial situation of the parties,
- - a proposal for a settlement agreement, if a joint petition has been filed.
For assistance in divorce hearings and litigation related to legal separation matters, do not hesitate to contact our law firm in Spain.