05 February 2020

EXPRESS DIVORCE IN SPAIN FOR FOREIGNERS

Since the approval of the Spanish Law 15/2016, of the 2nd of July, of Non Adversarial Proceedings, it is possible for the spouses to get divorce in Spain very fast before a Spanish Notary Public in certain cases.

The above means and important step, as it is faster and cheaper for the parties to carry out the divorce proceeding before a Spanish Notary Public, reducing the process from approximately half a year (depending on the Court), to approximately a month.

Thus, express divorce may be applicable in the following cases:

1)      Marriage took place more than three months ago;

2)      There is a mutual agreement between the parties regarding dissolving marriage;

3)      There are no children under age in the marriage;

4)      The spouses shall appear in person before the Notary Public, as it is not possible to appear through a representative;

5)      Parties shall appear assisted by a lawyer;

6)      The Notary shall be one of the place where the couple had their last domicile together.

Foreseen the before said, is it possible for a foreign citizen to proceed with an express divorce in Spain?

The answer is yes; however, some circumstances may concur, which are as follows:

1)      Last family address was located in Spain and any of the spouses lives abroad;

2)      At least one of the spouses continues living at the former family address;

3)      Both parties agree to get divorce in Spain.

As a consequence of the above, in order to determine whether a foreigner can get divorce in Spain, it is more important current address of the spouses than place where marriage took place.

One of the hereinbefore expressed conditions in order for an express divorce to be applicable is that the marriage has no minor children. Thus, what happens if there are children of age? In such case, children may also ratify the divorce with their signature before the Spanish Notary.

Following to the above, in cases where spouses got married abroad, foreign documents, necessary for the divorce agreement shall be sworn translated into Spanish and stamped with the apostille of the Hague Convention.

Finally, once document has been signed between the parties, in order to be effective in the country where parties got marriage, document shall be sent to the Civil Registry holding registration of marriage. Process of acknowledgment of Spanish document depends on place of receipt.

In addition, document signed shall affect also ownership of properties owned by the spouses in Spain as it includes their liquidation and therefore ownership may vary.

In Perez de Vargas Abogados, our Foreign Investments Department has a wide expertise in Family Law and therefore our aim is for the client to pass through such proceeding as smooth as possible, knowing the emotional implications of this type of proceedings.

Apart from the above and in order to make it easier for our clients to end up a divorce proceeding as fast as possible, we are also experts in dealing with assistance in related matters such as extinction of condominiums, sale of the properties, etc.

Please do not hesitate to contact us to email [email protected] in order to get more information.

Written by

Miriam

Aránzazu Segura Pacheco

[email protected]

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