Express divorce is a type of divorce by mutual consent that has become an increasingly popular alternative for couples who wish to end their marriage quickly, easily and inexpensively. This procedure, regulated in Spain by Law 15/2005, of 8 July, allows spouses to dissolve their marriage without the need to go through a contentious trial, provided they meet a series of requirements.
Requirements for requesting an express divorce
In order to be eligible for an express divorce, the following conditions must be met:
- Mutual agreement: both spouses must agree to divorce and to the terms of the regulatory agreement to be presented.
- Absence of minor or incapable children: there must be no minor or declared incapable children under the guardianship of the spouses.
- Three months have elapsed: at least three months must have elapsed since the celebration of the marriage.
- Residence in Spain: at least one of the spouses must be habitually resident in Spain.
What is the express divorce procedure like?
The steps to follow for this type of divorce are as follows:
- Drawing up the regulatory agreement. The spouses, together with their respective lawyers, draw up a regulatory agreement in which the conditions of the divorce are established, including the custody and guardianship of the children if there are any, visiting arrangements, alimony, division of assets and common debts.
- Presentation of the agreement. The agreement, together with the necessary documentation, is presented before the notary or the lawyer of the Justice Administration.
- Signing of the agreement. If everything is correct, the spouses sign the agreement before the notary or the lawyer of the Justice Administration.
- Registration of the divorce. The notary or legal advisor registers the divorce in the civil register.
- Notification. Both spouses are notified of the divorce.
If you and your spouse are considering getting divorced, at Bufete Lexnova we can handle your express divorce. Contact our family law lawyers and we will provide you with personalised legal assistance and help you get the fairest deal.