Please read carefully as this does not mean that you can enter a Notary and obtain a divorce at a Spanish Notary without a solicitor being involved.
Divorce at a Spanish Notary.
In 2015, this was a very positive new law. To explain, the Law of Voluntary Jurisdiction 15/2015 of 2nd July came into force on 23rd July 2015. From this time Notaries in Spain are able to grant divorces. However only in cases whereby it is amicable and also that there are no mutual children under 18 years old.
Voluntary Jurisdiction
The new law is called “Voluntary jurisdiction”. Some aspects which previously had to go before a Court can be resolved voluntarily before a Notary. With both parties attending. For a Notary to be able to rule on a divorce there has to be complete agreement between the two parties, prepared in a deed.
If this is not the case then it will be necessary for a lawyer to put in a proceeding to Court. Equally, if there are children or other issues that complicate matters.
Why Divorce at a Spanish Notary?
The law was to relieve some of the administrative burdens on Spanish Courts. It was a welcome relief to those who are aware how slowly some over worked Courts can be. Now clients can obtain a quicker and easier divorce at a Spanish Notary when no children are involved.
Requirements for Divorce at a Spanish Notary
When divorcing, both applicants must live in Spain locally to us. They must be assisted with preparing the deed of the agreement by a practising lawyer. This is as it has to follow certain requirements meeting the provisions of the civil code. Do not forget if it is not amicable or there are children the divorce cannot be done in the Notary.
A little while back a lady approached us. She wanted a Spanish divorce as they both live here, it was amicable and there were no mutual children. We advised her that generally, we need:
- Padron for both
- Original marriage certificate apostilled if not Spanish
- Information about any assets of both of them and how they will be split
- Passports and NIEs
The divorce has to be in at a Notary where you live (the same as if it were in the Courts). So we can act for divorces at a distance that we can reasonably travel to from Torrevieja/La Zenia.
We can quote for divorce and also if there is a jointly owned property, then the the division of joint tenancy (change of ownership of property). This would be in order to transfer the house to the spouse keeping it if is not being sold. Alternatively, we can help clients sell their property.
Notary Divorce During the State of Alarm (Updated 24.3.20)
Maybe prior to these exceptional circumstances, you had been planning a divorce. You do not need to completely put this on hold, as you can arrange the paperwork with us and have the deed of agreement prepared. Then as soon as the State of Alarm is lifted, we can arrange the appointment at the Notary. Please contact us for a free quotation.