It is possible to apply for a divorce three months after the date of celebration of the marriage. It is not necessary to justify the request for divorce, it will simply be necessary to express the will to dissolve it.
In Spain, there are two ways to get divorced: (i) contentious divorce (for those who cannot agree and put aside their differences) and (ii) divorce by mutual consent (easier and less traumatic).
In both cases, it is useful to seek the advice of a lawyer specialising in family law, as it will be necessary to file an application for divorce with the Spanish courts. This application must be accompanied by a parenthood agreement in the case of a marriage with children. This agreement will determine the custody of the children, visits and stays (even holidays outside Spain), the habitual residence of the children, the amount of maintenance, the right to compensatory pension and the dissolution of the property regime.
It is also possible to request the implementation of provisional and/or protective measures and to solve problems related to the prohibition to leave the country, the questioning of the exercise of parental authority.
Likewise, it is possible to request the modification of a divorce judgment issued in Spain or abroad and to request the enforcement of foreign judgments in Spain (it will be necessary to determine the jurisdiction and the applicable law).
Separation is the act by which the spouses, by mutual agreement or by decision of one of them, agree to break off their relationship and start a separate life.
Separation, like divorce, must be applied for in the competent court and can be done in a contentious manner or by mutual consent.
Marital separation implies a suspension of the marriage; the matrimonial relationship being completely severed only by the divorce or death of one of the spouses.
If you are getting married in Spain, you must first make an appointment with the registrar in the province where you live and present the necessary documents. We can assist you with these formalities and with drawing up the marriage contract.
We also assist our clients with the recognition and probate of their marriage in Spain.
Marriage remains the most common option for couples but becoming a cohabiting couple and registering in a specific register as such is an alternative that for many citizens is becoming increasingly attractive.
With regard to the regulations governing de facto couples, we note that each Community has its own legislation. Thus, it is important to know that depending on our place of residence we have to go to a specific register.
The procedures for joining each register can vary widely. In general, both heterosexual and homosexual couples can register, provided that the members are, as a rule, of age (or emancipated minors), are not married, are not disabled and are not in a direct relationship.
Although the de facto union does not create a legal maintenance obligation between the members of the couple, this does not eliminate the existence of a maintenance obligation with the couple’s descendants.