How to divorce in Spain

Divorce proceedings are those through which the marriage bond is terminated, through the courts. In Spain, there are two types of divorce: the first, by mutual agreement or with the consent of one of the parties, and another that is unilaterally known as a contentious divorce . To apply for a divorce, it is necessary to take certain steps and take into account some important factors. Therefore, we explain in detail how to divorce in Spain.

Steps to follow:

one

First of all, it should be noted that to be able to divorce in Spain it is necessary that a minimum of 3 months have elapsed from the moment of marriage. Otherwise, the separation proceedings can not be initiated by civil means.

two

Also, there are two types of divorce in Spain:

Divorce by mutual agreement: requested and accepted by both spouses or, by one with the consent of the other
Contentious divorce : when requested by one of the spouses unilaterally.

3

The necessary documentation to formalize the divorce process will be:

Marriage certificate
Certificate of birth of the children, in case there are
Documents proving the family's financial situation
In divorces by mutual agreement, a proposal of the regulatory agreement between the parties.

4

In the regulatory agreement between the parties -which we mentioned in the previous point- the consequences of divorce by mutual agreement are specified: use of housing, distribution of assets, relations with children (parental authority, visitation, communication and stay with the children), liquidation of the economic regime of the marriage if appropriate, pension that must be paid by one spouse to the other ...

5

In the case of contentious divorces, it is not accompanied by any regulatory agreement and it is not necessary to plead any cause, although it is still mandatory that 3 months have elapsed. This period will not be necessary if the existence of risk to life, physical integrity, freedom, moral integrity or freedom and sexual indemnity of the spouse requesting the separation, the children of both or any of the members of the marriage.

6

The divorce in Spain supposes the loss of the inheritance rights between the spouses, the loss of the widow's pension, as well as of the obligations derived directly from the marriage : the duties of help and fidelity, the commitment to watch over the interest of the family, the obligation to provide food, etc. Even so, it should be noted that divorce does not affect the spouses' obligations to their children.