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Divorce in Spain

Below you will find answers to some of the most common questions regarding divorce in Spain. Of course,  family law is a very broad topic as it impacts on many of the most important personal and financial relationships that  people tend to have.

Of particular interest to many visitors to the website is the ‘international’ aspect to such matters. An attempt has therefore been made to provide information in this light, though there can be no replacement for obtaining  advice from a professional practising in this field.

If at any point you feel the need to speak to a professional, just contact myAdvocate Spain by phone, email or instant chat.

 

What is Divorce and what is it’s effect in Spain?

In technical terms, divorce in Spain is one of the legitimate methods by which a legally valid marriage may be ended. In Spain there is no requirement to allege any cause or reason, though there must be a judicial decree and the marriage must have lasted no less than three months  before proceedings were initiated.

The main effects of a divorce in Spain are that, by bringing the marriage to an end,  any joint financial liabilities of the couple as against third parties are terminated while also noteworthy is the end to the right to inherit the assets of an ex-spouse upon their death.

 

Who may request a divorce in Spain and how does this affect proceedings?

Both of the spouses may request divorce proceedings together, in which case it is known as a divorce by ‘mutual accord’ (more commonly as an  Express Divorce).

Alternatively, one of the spouses alone may request a dissolution of the marriage, in which case it is known as a ‘contentious’ divorce.

The main difference here is one of expense and time. Failure to agree on the divorce agreement in particular may require negotiation and communication between the lawyers and production of third party evidence. A divorce by mutual accord can be concluded in as little as a few weeks whereas a contentious divorce may last anywhere from a few months to more than a year.
It is therefore of course always preferable to follow the course of divorce by ‘mutual accord’ wherever possible.

 

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