Judicial Separation in SpainUpdated on Monday 28th November 2016
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Judicial separation in Spain refers to the legal step taken by a married couple filing for divorce, which is performed prior to the divorce decision itself. The judicial separation refers to the act through which one of the parties (or both) decides not to live in the marital home. The procedure can only be requested if the parties have been married for at least three months at the moment when they filed for separation. Our team of lawyers in Spain can offer legal representation to persons who want to file for divorce.
Types of judicial separation in Spain
The legal environment available in Spain prescribes two types of judicial separation:
• agreed separation;
• non-agreed separation.
The agreed judicial separation is a process in which both parties are interested in solving the separation in an amicable manner. The parties will receive the right of living separately, but it is important to know that the legal decision can be reversible if the parties may conclude so.
The non-agreed separation can be enforced when the couple has been married for at least three months, but in the situation in which one of the spouses is threatened by the other spouse in terms of physical integrity, liberty and other similar aspects, the Spanish legislation prescribe that the period of three months is no longer compulsory.
This procedure can be time-consuming, as the parties will have to come to a term in respect with various matrimonial aspects, such as:
• rights of one of the parents to visit the couple’s children.
Our team of attorneys in Spain can offer assistance on the steps involved in a non-agreed judicial separation.
Legal grounds for separation in Spain
A Spanish couple can file for judicial separation in the following situations, as prescribed by the Spanish Civil Code, Chapter VII, Article 82:
• abandonment of the family;
• marital infidelity;
• abusive behaviour;
• infringement of the marital obligations;
• sentence to imprisonment for a period longer than six years;
• alcoholism or drug abuse;
• cessation of marital life.
Persons who are interested in finding out more details on the Spanish judicial separation are invited to contact our law firm in Spain for legal representation.