What it takes to file for divorce

Divorce in Spain is perfectly regulated and offers several alternatives depending on the situation of the couple that has just broken up. In this sense, the procedures will depend on whether or not there is mutual agreement between the spouses and whether or not there are children in common. We will explain all of this here in order to clarify how to get divorced in our country.

How to file for divorce?

As we will see below, the answer to this question will depend on whether or not there is an agreement between the spouses. In any case, it will be necessary to have the marriage certificate, the certificate of census registration in the family home (and the title deed of the property if it is not rented), the birth certificate of the children (if there are any) and bank certificates that guarantee the financial and savings products shared.

Divorce by mutual consent

Obviously, here we refer to the situation in which both parties agree to dissolve the marital union. There are undoubtedly advantages over contentious divorce that cannot be ignored:

• It is a much cheaper and quicker procedure.
• Statistically, the measures provided for in the agreement are complied with more and better.
• It is less dramatic for the children, if there are any.
• It reduces emotional stress and confrontations between the partners.

Divorce by mutual consent when there are no children in common

This is the simplest situation, and the reason? All that is needed is the will of the parties to end their marriage. This greatly simplifies the divorce proceedings.

The first thing the couple must do is to contact a lawyer. When there are no children involved (or they are of age or emancipated), both parties can share the same lawyer and share the costs of the process. This professional will be responsible for drawing up the regulatory agreement based on the agreement reached by the parties.

At this point, the easiest way is to use a notary instead of going through the courts, which would require the services of a solicitor. The notary, if he or she considers the agreement to be fair, will attest to it and proceed to deposit the divorce certificate in the Civil Registry, at which point it will become effective. This is known as 'express divorce'.

Divorce with children by mutual consent

It is also possible to divorce with children by mutual consent. However, in this case, the process is different. The reason is that the law tries to safeguard the interests of minors or unemancipated adults as much as possible.

This makes court proceedings unavoidable. Both spouses can also share a lawyer and file the divorce petition and the divorce settlement agreement together. They can even hire the same solicitor to represent them.

Both the judge and the public prosecutor will ensure that the agreement ratified by the parties safeguards the interests of the spouses and the children. Subsequently, he or she will issue a judgment that will make it effective.

Contentious divorce

Contentious divorce is reserved for couples who cannot reach an agreement. It should be noted that, in Spain, the only requirement for divorce is the pure will of one of the spouses. So, sooner or later, it will become effective. But, if one does not agree, the process can take years and become really difficult for the children.

Steps for divorce without mutual consent

In this case, the divorce papers are filed in court by only one of the spouses. He or she will have his or her own divorce lawyer and solicitor. It is not necessary to include a regulatory agreement, although it is necessary to include the measures to be adopted in terms of custody of the children, alimony and compensatory alimony, use of the family home, visiting arrangements and liquidation of the matrimonial property regime.

These are the divorce papers in Spain necessary to initiate the legal proceedings. The petition will be sent to the other spouse, who will have 20 days to respond. In order to do so, he or she will also need to have a lawyer and a solicitor. In his or her response, he or she may agree or disagree with what is stated in your partner's documents.

In most cases, there will be no agreement. In that case, the judge will summon both spouses to an oral hearing, in which each party may present the evidence they consider appropriate. On the basis of this evidence, the judge will issue the sentence that includes the regulatory agreement applicable from that moment onwards.

Now that we know what to do to get divorced and what situations may arise, it is time to draw conclusions. In this sense, it will always be better to reach an agreement than to resort to litigation. So it is always a good idea to try.