With effect from 23rd July 2015 in accordance with The Law of Voluntary Jurisdiction (Ley de la Jurisdicción Voluntaria 15/2015 of 2nd July 2015) Spanish notaries have been given the power to grant divorces subject to the following conditions:-
- Both parties must be in agreement as to the terms of the divorce.
- The couple cannot have minor children nor persons with incapacity.
- It is necessary, in accordance with Spanish Civil Code, to prepare an agreement setting out the terms of the divorce (convenio regulador).
- 3 months must have passed since date of marriage.
- The parties must be assisted in the execution of the deed before the notary by a practicing solicitor. Both parties can use the same solicitor.
The main benefit will be that couples, in agreement and without children, will be able to divorce quickly and efficiently.
Article published August 2015
Solicitor of the Supreme Court of England & Wales
Spanish Abogado/Lawyer (Colegio de Abogados de Malaga)
Paloma España, a practicing English solicitor and Spanish lawyer, holding a Master’s certificate form the Universidad Internancional de Andalucia in Family and Succession law, is regularly instructed by English couples on both contentious and non-contentious Spanish divorces.
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