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Notarial Divorce

Can you perform a notarial divorce quickly and easily?

Since 2015 there is the possibility in Spain to perform your divorce before a notary, in a simpler and faster way, instead of having to go to a judicial procedure.
The notarial divorce is a procedure that consists of the separation or divorce by public deed before a notary, but within certain limits such as territorial jurisdiction. However, certain requirements must be met.

What requirements must I meet?

  • You must have been legally married for at least three months.
  • It must be by mutual agreement.
  • There must be no minor or dependent children of the parents. If there are adult children or emancipated minors, they must express their consent regarding measures that affect them, such as cohabitation in the home or economic results of the divorce.
  • It requires the presentation of a regulatory agreement.
Notarial Divorce
Notarial Divorce

What steps should I follow to process a divorce before a notary?

The steps to follow to process a notarial divorce are the following:

  1. Choice of notary. The chosen notary must be competent within the habitual residence of both or any of the spouses.
  2. Appointment of a lawyer. The designation of the family lawyer is advisable for the advice during the process, and obligatory for the writing of the regulatory agreement and its ratification before Notary.
  3. Regulatory agreement. The drafting of the regulatory agreement is associated with the compilation of the required documentation and the remission of all this documentation to the Notary’s office.
  4. Verification by the Notary. The corresponding notary must verify that all the requirements are fulfilled.
  5. Date. A date will be set with the Notary to ratify the agreement and consent to the following provisions.
  6. Appearance in Notary’s office. To agree the divorce, the spouses must attend the Notary’s office personally to ratify, and they cannot be represented. Likewise, the adult children or emancipated minors will have to grant the consent before the Notary, by themselves or by means of representation, with respect to the measures that affect them for lacking own income and cohabiting in the family domicile. The lawyer must also be present, to sign the deed of divorce together with the spouses.
  7. Authorization and registration. The Notary Public authorizes the deed and sends the documentation to the Civil Registry for registration.

The effects of the dissolution of the marriage by notarial divorce will be produced from the manifestation of the consent of both spouses granted in public deed, that is to say, the Notarial Act of divorce has effects from the moment in which it is signed.

What is the Regulatory Agreement?

It is an essential document for the processing of the notarial divorce. It will be drafted by the lawyer and incorporated to the Public Deed granted later by the notary.

In fact, the lack of this agreement, even if there is mutual agreement, leads to the processing of the divorce in the court. It will have to contain the measures that will regulate the effects derived from the divorce.

It reflects the agreements reached by the couple with respect to:

  • Use of the house and elements of the same one.
  • Contribution to the common expenses, form of update and guarantees.
  • Establishment of a compensatory pension for the spouse who remains in a worse economic situation after the separation.

It is important to bear in mind that the agreement can be modified later, with another document subject to the same requirements.

In conclusion, although ultimately it is the Notary who decides whether all the requirements for the notarial divorce to be possible are met, in this sense, it is important to emphasize the need for the intervention of a lawyer to advise the parties.

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