We wrote a year ago an article about a new law (Law of Voluntary Jurisdiction) which made it possible for a couple to divorce simply and easily at a Spanish Notary, not in Court, when there are no children under 18 years old, and it is an amicable divorce.
The Notary used must be the one in the area where one or both of the parties last lived or the usual residence of them. However, and this is very interesting, the applicants do not have to be present at the Notary.
A qualified solicitor must prepare the Deed of Divorce according to the Civil Code and can be provided with power of attorney by both parties so they do not have to attend the Notary to sign.
Thus a divorce in Spain, when in agreement, and no mutual children in common, may be achieved simply and easiy and cheaply, paying only notary fees, modest solicitor fees and for a power of attorney.
1 Comment
Amanda Thomas
Dear Jayne, Firstly, to do a divorce in Spain one of you must be resident here, which you are. We would need you please to send us more information in order to be able to quote. Firstly, is the divorce amicable? Do you have joint children under 18 years old? Do you have joint assets in Spain or elsewhere? We will need a padrón for whoever lives in Spain, a marriage certificate apostilled with a Hague Apostille if a UK marriage certificate, copies of Passports, copies of NIE numbers, and very importantly what the terms and conditions of the agreement should be, and both addresses.
We will be able to quote costs when we know a little more detail. We would not need the documents straightaway, just the answers to the questions. With kind regards, Amanda