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:
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.
A Spanish Court of First Instance can receive a request for divorce or legal separation by mutual agreement under the following conditions:
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.
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:
For assistance in divorce hearings and litigation related to legal separation matters, do not hesitate to contact our law firm in Spain.
There are no comments