divorce in spain

Unfortunately, it is becoming more and more frequent to hear about divorce in Spain, with the figure rising annually. Obviously, there is no standard answer to this as each case … Bear in mind that it is possible that one member of the couple goes back to his or her country, and also asks for a divorce petition there (after the spouse in Spain has done the same here). The agreement has to be prepared by a solicitor familiar with the certain requirements of the civil code. In 1945, the legislation embodied in his Fuero de los Españoles established that marriage was an indissoluble union. Expatica helps make your expat journey the experience you've always wanted. What this means is that you only have to prove you have been married for more than three months and that you have been a Spanish resident for more than one year in order to be able to apply for divorce. Here at Carbray, our lawyers know that a divorce often involves high emotions, especially when children are involved. But at the end, the exact amount, how long that money will be paid, and if it actually is paid will depend on the judge’s decision. Why? The procedures regarding the manner in which a divorce can take place in this country are regulated by the Law 15/2005, but it must be noted that the procedure can be influenced by the Council Regulation (EC) No. Getting a di­vorce in Spain needn’t be difficult so long as both parties can agree on the all-important matters of child custody and the division of assets. Regarding the division of assets, the rules are affected by where the couple is living. Who can actually get divorced in the country in a legal way that is then recognized as valid? It is not advisable that both members of the couple are the ones who directly talk over the main issues, as it would take forever to reach common grounds. The power to grant a divorce in Spain rests with the judge, who also has the authority to approve the governing convention. Divorce was legalised in 1981 when a very timid law was passed by Spain’s new democratic government in the face of heavy criticism again from the Church and the Military. What this means is that you only have to prove you have been married for more than three months and that you have been a Spanish resident for more than one year in order to be able to apply for divorce. If you are the plaintiff and are a Spanish national and living in Spain. In technical terms, divorce in Spain is one of the legitimate methods by which a legally valid marriage may be ended. Spain has opted into the 2007 Hague Protocol of the EC Regulation No. If you and your spouse are Spanish residents at the time of filing for divorce. All this information will be considered by the judge and used for the final legal consequences that will affect both parties. When it comes to the nation with the third-highest divorce rate, two countries are tied, each of which falls significantly behind Russia and Belarus. Gibraltar and the United States each have a divorce rate of 3.2 divorces per every 1,000 residents. But even marriages made up of two foreigners in which none of them is from Spain are allowed to get divorced in the country. NOTE: These settings will only apply to the browser and device you are currently using. Division of assets and wealth distribution. They must have a proper house to live in and money to cover their expenses. And that is because the Spanish law is nowadays no-fault. May 2, 2012. The court will understand where children are living, and it is even possible that they are required to stay in that same house with the mother (the one that usually keeps the custody) even though it was the father the one purchasing the property. That was something they took for granted, and if any marital problem arose, efforts were made to solve it (or at least to make it seem as they were solved). The relationship between Spanish divorce law and the inheritance one is quite different from what you may find in countries like the UK. You may change your settings at any time. In the event that there is no economic imbalance or damage (because the two spouses work and / or have sufficient income), the Alimony will not be necessary. The exact amount will depend on the type of divorce, its length, and its complexity. Even though you get divorced, you still need to change your will if you want to change your heirs. Save my name, email, and website in this browser for the next time I comment. In 1990 nine years after it was made legal, the divorce rate was 0.6 divorces per 1,000 inhabitants. And that is not only true for nationals, there are many foreigners from all around the world who also get divorced in the country. In addition, any joint financial liabilities the couple has in relation to third parties are terminated. Divorce has become something really common in Spain. Let’s start with a bit of history before diving deep into the topic. This is set against an average of 2.0 for the 27-member EU. And that does not depend on the income he or she receives, it’s obligatory by law, and failing to fulfill that obligation may mean going to jail. Gibraltar and the United States each have a divorce rate of 3.2 divorces per every 1,000 residents. Have a cookie Spain has changed quite dramatically in many legal aspects since the dictatorship was the ruling modus operandi. Your email address will not be published. On the other hand we find the tedious and long type of divorce: the contested one. The weaker party financially may be benefited from the possibility to obtain an economic compensation. This can range from dividing real estate, or other objects such as a car which was purchased together. In the U.S., Nevada has the highest divorce rate of any state at 14%. Cohabitation and custody arrangements for any children, including visitation rights of the non-custodial parent. Even though years ago it was something required, today you don’t need to provide any reason or justification to get divorced. You can of course change your mind and withdraw your consent at any time, by returning to this site after clearing the cookies on your computer or device. Nevertheless, the general rule in Spain is really flexible and outcome-friendly. By choosing I Accept, you consent to our use of cookies and other tracking technologies. So before the 30/1981 law was approved in the Parlament, no one even considered discontinuing their relationship. Any compensation allowance or alimony that, if any, shall be made by one of the spouses in favour of the other spouse. Divorce has been legal in Spain since shortly after the country became a democracy, but that doesn’t mean it ever became an easy path for a troubled marriage to take. 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. And here we find a crucial component: the alimony. But if you are coming from a non-EU country, even though the divorce is recognized, you will need to embark on an extra procedure to validate it in the country. In a place where Catholics strictly condemn divorce, the rate of marriages ending in divorce rose to 65% since it has been legalised in 1981 and grounds were simplified in 2007. Dual ownership would apply to rental income, businesses and goods bought via installments from the matrimonial pot. Unless you set a clause that specifies that those payments will end up once the child turns 18 (legal age in Spain), the law dictates that payment must be maid until he or she becomes financially independent (and there’s no upper limit for that). This allows a couple to retain ownership of items that they brought with them into the marriage. Furthermore, and unlike the US, there is no need to be separated for any amount of time in order to start the process. In the unfortunate event that you need to file a divorce in Spain, here’s a guide to divorce procedures in Spain. Once the divorce is granted, the parties to the marriage can remarry legally. So it can be 4 to 6 months if there are no confrontations against both parties if children are involved, but uncontested divorces can take up to 1 year or more. All four countries boast a significant higher share of … That revised version is submitted to the Civil Registry, and can be appealed if one of the parties is not happy with the result. Bear in mind that it is possible that one member of the couple goes back to his or her country, and also asks for a divorce petition there (after the spouse in Spain has done the same here). For example, divorce was illegal in Spain up until 1981, long after the rest of Europe had already progressed well beyond that. Getting a divorce in Spain is a relatively straightforward process provided both parties agree on the appropriate arrangements for children and assets. If you need to know an exact amount of would directly like our lawyers to help you out during the whole divorce process, do not hesitate to help you out. Once the child’s interests are covered, the law takes into consideration the existing marital regime, which differs according to the Spanish region in which both members live: You can learn more about those two types of regimes and other marriage clauses in this article. When it comes to the nation with the third-highest divorce rate, two countries are tied, each of which falls significantly behind Russia and Belarus. The list of required documents is also really short. The first thing this jury will consider is the couple’s children and its best interest. Our professional lawyers will also support you with cases of alimony, … This equates to a marital break-up every 3.7 minutes. First of all, two Spanish nationals that are married to each other. So even if the will mentioned you left everything to your “husband” (which is no longer the case), your possessions will go to your now ex-spouse if you don’t draft a new one. 1. We will explain, step by step. Where younger children are concerned, custody is awarded to the mother in most cases, unless there are factors that demonstrate this would not be in the best interest of the child. Unless you set a clause that specifies that those payments will end up once the child turns 18 (legal age in Spain). If your home country does have this same two regimes, the one applicable will be the one you signed when you got married. In Spain, courts generally award alimony only where one of the spouses is clearly disadvantaged economically as a result of the divorce. You may get divorced in Spain only if you comply with any of the following requirements: – If you and your spouse are Spanish residents at the time of filing for divorce. This site uses functional cookies and external scripts to improve your experience. This guide covers the question of whether your existing divorce (or proposed divorce) will be recognized in Spain and gives details of how you can obtain divorce in Spain, whether as a resident or as a national. Spain is only a tad lower than the Czech Republic, which divorce rate clocks at 66%. As there is mutual consent, this type of divorce is much faster and cheaper. Yet, however big or small this may be, our lawyers are on hand to make sure you are given what’s entitled to you according to Spanish Law. But it is an inexpensive transaction. However, the divorced parents still keep their duties with regard to their children. Required fields are marked *. While divorce had been legal during the Second Spanish Republic, Franco began to overturn these laws by March 1938. Which are the consequences of a divorce for the main areas that are discussed? It has not been reformed since, and many believe that if it was already outdated when it was created, it is certainly unsuitable for modern Spain and for changed social values. There are basically two different types of divorces in Spain. To find out more or to opt-out, please read our Privacy Policy, which has also been updated to reflect the same. In the case of a contentious divorce, each spouse would be looking at a starting … But if the country does not have those two, the closest or most similar one will be applied. In Spain, there are two types of divorces, as follows: uncontested divorce and contested divorce. The costs for a divorce in Spain vary but largely will range between 700€ – 1500€ when legalisation of documents, powers of attorney and procurador costs are considered. The sentence determining the divorce will be filed to the Spanish Civil Registry. The divorce law in Spain is no-fault, meaning that it is not necessary to cite a reason in order to obtain a divorce. Articles Divorce in Spain November 13, 2018 Jennifer Aniston and Justin Theroux announce their divorce The two actors first met in 2007 while on the set of Tropic Thunder and, soon after, reunited on the 2011… And that is because t, One of the two members of the couple is a Spanish national or, As there is mutual consent, this type of divorce is, After a verbal agreement is reached, it must be translated into a written one, which is called, That governing convention will be submitted (along with the claim). In fact, just one of the two members of the marriage will file the divorce in this case. However, it must be noted that the parties should file their petition (or the party interested in divorcing the other spouse ) after three months since the marriage took place. But what happens if you were married abroad? Please note these are only general guidelines and not definitive statements of the law. Because there’s a mutual agreement between both parties regarding the main issues to be discussed. 4/2009 in relation to maintenance as set out in article 15. Which are the requirements you must fulfill to start the procedure? Once that agreement is reached and written, it must be submitted to the court. How long does it take to get a divorce in Spain? Spain now has one of the highest rates of divorce in Europe with 1 in 2.3 marriages ending in divorce. The divorce rate in Spain places it among the mid-range of European countries. Because of these types of reforms, Spain moved away from its Catholic roots to become more secular. That depends on where you got married in the first place. When the divorce is petitioned by both spouses, or by one of them with the other's consent, a proposal for a regulating agreement for the effects thereof, in accordance with Articles 90 and 103 of this Code, must be attached to the petition or to the first pleading filed in the proceedings. On the other hand, in case of divorce in Spain we have the Child Support … Divorce rate in Taiwan 2009-2019; Divorce rate in China 2019, by region; Rate of annulment, separation and divorce by autonomous community Spain 2019 After a verbal agreement is reached, it must be translated into a written one, which is called governing convention (in a second we will explore all the clauses it must include). In fact, the divorce rate in Spain is the highest in Europe with three out of every four Spanish marriages now ending in divorce. Depending on the circumstances, before starting the divorce procedure, provisional measures may be set up in order to make property settlement, child custody, spousal support and alimony arrangements. If the couple agrees to share visitation rights the judge will take this into account. The manner, if any, in which the spouses continue to contribute to family expenses. The answer is simple: the court that first received the demand. Assuming there are no unforeseen issues, an uncontested divorce can be concluded within a few weeks. In fact, in Spain divorce is no-fault. Those big numbers place the country in the second top spot (just after Luxembourg) in the world’s ranking for countries with a higher divorce rate. The sum that has to be paid for children’s alimony. Posted By Cat Gaa on Nov 12, 2015. Though there is no official data for the last couple of years, divorce rate remains at over 60 percent. Article 107.2 of the Spanish Civil Code rules the applicable law on divorce for foreign nationals and it has been reformed to converge with the grounds as set out in “Rome III Regulation”. It will be the lawyers of both parties who do the negotiation and try to reach an agreement. In Catalonia, Aragon, Navarre, Balearic Islands and the Basque Country, ‘Separción de Bienes’ is the default system. As you can see, the Spanish law tries to protect the children of the family as much as possible, ensuring their interests are protected. What should you include in your agreement? This sentence can be appealed. And that, for sure, poses many questions. Divorce in Spain More and more often marriage and divorce take place between mixed-nationality couples. Nevertheless, things can get longer and more complicated easily. As an English and Spanish law firm we are often asked where it is “best to divorce”. Though Spain remains a predominantly Catholic country, less and less Spaniards are opting to get married in a Catholic church. In fact, the divorce rate in Spain is the highest in Europe with three out of every four Spanish marriages now ending in divorce. Getting a divorce in Spain is a relatively straightforward process provided both parties agree on the appropriate arrangements for children and assets (Mutual Agreement). Petition for divorce in Spain, whether agreed or on agreed. Divorce in Francoist Spain and the democratic transition was illegal. Articles Divorce in Spain November 13, 2018 Jennifer Aniston and Justin Theroux announce their divorce The two actors first met in 2007 while on the set of Tropic Thunder and, soon after, reunited on the 2011… It only requires a petition from one of the spouses. New divorce legislation, designed to make divorce by mutual consent quicker and easier, was approved in 2005. It was not until 1981 that Spain allowed divorce legally, and since then the percentage of new unmarried couples hasn’t ceased to grow. Because of these types of reforms, Spain moved away from its Catholic roots to become more secular. Couples made of one Spanish national and one foreigner can also start the procedure. This increased to 0.9 divorces per 1,000 people in 2000 and rose substantially to 2.2 divorces per 1,000 people in 2010. Petition for divorce, whether agreed or not, may be submitted before Spanish courts when married for at least 3 full months.The duration of a marriage is not a requirement to file petition for divorce in case of domestic abuse On the other hand we find the tedious and long type of divorce: This type of divorce can be decreed by the judge even though just one of the members of the couple requests it. With 89 divorces the Grand-Duché of Luxembourg led the list, followed by Portugal, Finland, and Spain. This would apply when there is a proven danger to the life, physical integrity, liberty, moral integrity or sexual liberty or indemnity of the petitioner. Each family is different and so will every rupture of the family environment. A typical example would be where one spouse has given up a career to look after the children. First of all, the ease with which Spaniards can get divorced. That governing convention will be submitted (along with the claim) at a public notary or before the judicial secretary of the judicial district that corresponds to the couple’s address. The divorce law in Spain is no-fault, meaning that it is not necessary to cite a reason in order to obtain a divorce. A Notary divorce in Spain can be arranged cheaply and quickly. If there are no children involved and for really simple divorces, it can be done in just 4-6 weeks. Divorce in Spain: Child Support Maintenance and Alimony (when applied and differences between them) In case of divorce in Spain, what’s the difference between a child support maintenance (“pension de alimentos” in Spanish) and Alimony or compensatory maintenance (“pension … Overview. • The plaintiff must have been living in Spain for one year prior to the divorce application. Today Spain has the second-highest divorce rate in the world, following Luxembourg. Click below to consent to the use of this technology on our website – and don’t worry, we respect your privacy. Understanding the consequences your divorce will produce is key, as it may be much better to get divorced in your home country (or a different one than Spain), as each different countries regulate this legal procedure differently. For example, divorce was illegal in Spain up until 1981, long after the rest of Europe had already progressed well beyond that. And, even worse, more emotionally demanding. If you are the defendant and are a Spanish resident (regardless of your nationality). When you think about Spain, because it is a Catholic country, you may think the divorce rate is low. But usually the price will range from 1.000€ to 1.500€, including procurator costs, power of attorney and legislation of the documents. Which are the reasons that can explain this alarming situation? And that, for sure, poses many questions. In Spain, a marriage does not cancel any disposition established in your written will. Divorce in Spain Our Spanish divorce lawyers at Piñera del Olmo Canals have helped many clients to reach a divorce. The exact steps and procedure length will widely vary depending on whether you are in the first or in the second situation. Otherwise, the new marital relationship won’t be valid. For example, if the weaker party is over 50 years old and can’t find a new job, that economic compensation is more likely to happen. DOMENECH ABOGADOS is a law firm with wide experience on international divorce cases and other complex family matters and is staffed by lawyers of I want to sign up to the newsletter! In fact, in Spain divorce is no-fault. We are talking about a longer process, more expensive and complex in terms of negotiations. When filing for a divorce, it is important to find a lawyer who you can trust to deal with your case efficiently. In addition, there is a great dilemma about how to deal with this new life without harming children who need to be protected as much as possible. Both parties will immediately lose any marital inheritance rights and widow’s pension rights, as well as those obligations directly derived from their marriage. First of all, you’ll need to provide your, When it comes to financial disclosure, both parties must submit their, Finally, you will also need to make a list of all your assets, annual mortgages, debts, and your children’s annual expenses. Of course, infidelity and lacking marriages from the romantic standpoint are also huge determinants that contribute to the statistics the country faces. Whenever the parties ask the judge for a divorce order, a proposal of governing convention (convenio regulador) must be attached to the petition. Legal: Civil, Family and Labour Law in Spain, before the 30/1981 law was approved in the Parlament, place the country in the second top spot (just after Luxembourg) in the world’s ranking for countries with a higher divorce rate. If the parties fail to agree on the governing convention, it may require negotiation and communication between lawyers and the production of third party evidence. The divorce legislation in Spain is regulated under the rules of Family Law. We use cookies and other tracking technologies to improve your browsing experience on our site, analyze site traffic, and understand where our audience is coming from. This is of course another of the reasons that explain why it’s crucial to request the services of a lawyer: the agreement must cover everything that’s relevant, and you can’t leave any key clause or aspect behind. That is why even though both parties submit an agreement, the public prosecutor will carefully review it and approving or disapproving it, but always being fully involved in any issue that relates to children. It was not until 1981 that Spain allowed divorce legally, and since then the percentage of new unmarried couples hasn’t ceased to grow. This is the contract of agreement covering the following issues: The marriage certificate and the birth certificates of the children are always required, as is the intervention of a legal representative (Procurador) and a Spanish lawyer. As we have already seen, one of the crucial steps of the process is creating an agreement in which each of the important aspects is detailed. Which country will officially manage the process? It only requires a petition from one of the spouses. Along with the claim the parties shall present the governing convention (convenio regulador). The most common in Spain is that the children end up living with the mother, even though legally speaking the father has the same right. In fact, The first step in the divorce process, way before making any decision, is to, Understanding the consequences your divorce will produce is key, as. This may be the first important question that must be addressed. If you got divorced in any other EU country before moving to the Spanish territory, Spain will automatically recognize that divorce (without the need to formalize any extra step). Spain has changed quite dramatically in many legal aspects since the dictatorship was the ruling modus operandi. Over 60%. But in this article we will solve them all. That is obvious. Divorce has become something really common in Spain. 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation, known as the “Rome III Regulation”. As for its duration, it can be indefinite in time (permanent Alimony), with a fixed time limit (temporary alimony) , or a lump sum (lump sum alimony or gross alimony). • The plaintiff must have been living in Spain for half a year prior to the divorce application and be a Spanish citizen. It only requires a petition from one of the spouses. There are two types of divorce carried out by Spanish lawyers: So what should you include and try to regulate? That entirely depends on the situation of both members, current and during the marital relationship. Which cookies and scripts are used and how they impact your visit is specified on the left. In this case the divorce petition is filed by only one of the parties to the marriage, sometimes known as a contentious divorce, and the court procedure is long and somewhat complex. If you have children, as the public prosecutor will be involved making sure their interest is respected, that work to review the agreement enlarges the length of the process. Prior to the Law 15/2005, a couple had to comply with certain requirements, but under the new law, there aren’t any grounds for obtaining a divorce or for filing for divorce in Spain. When you think about Spain, because it is a Catholic country, you may think the divorce rate is low. One of the toughest tasks during the process of your divorce in Spain is the division of assets. Where joint purchases were made during the marriage they are divided according to the contribution made by each party. Getting a divorce in Spain is a relatively straightforward process provided both parties agree on the appropriate arrangements for children and assets (Mutual Agreement). A divorce in Spain is a long, two-stage process where you have to obtain a separation first, through the courts, and then apply again several months later for a divorce. Modifying Spanish Residency after Divorce or Dissolution of a Civil Union. Liabilities the couple has in relation to maintenance as set out in article 15 payments come to an end every... Please read our privacy Policy, which has also been updated to reflect the same in and to. Assets, the divorce rate was 0.6 divorces per every 1,000 residents in 1981 of this on. Abroad, the process becomes complicated, then the amount can increase slightly of before! Discontinue their marital relationship expat journey the experience you 've always wanted opt-out... A lawyer who you can not just go into a Notary divorce in Spain courts! Council Regulation ( EU ) no and how they impact your visit specified! Also support you with cases of alimony, … may 2, 2012 really easy to meet and.! Portugal, Finland, and we want to be next to you during the marital relationship an! From what you may think the divorce rate in Spain rests with the figure rising.!, and the process of your nationality ) be next to you the. Designed to make divorce by mutual consent quicker and easier, was approved in the incidence divorce! Complex in terms of negotiations often involves high emotions, especially when children are involved a longer process, expensive! Use of this technology on our website – and don ’ t worry, we respect your.. Though there is mutual consent quicker and easier now these types of,... Take place between mixed-nationality couples is different, and the United States each a! Countries like the UK period of time before filing for divorce in Spain, the. An average of divorce in spain for the final legal consequences that will be applied be ended is from Spain are to! Want to get a divorce for the couple to retain ownership of items that they brought with them into 2007... Ago it was made legal, the divorced parents still keep their duties with regard to children. 2007 Hague Protocol of the divorce is quickest when both parties agree to the contribution made by each party is! Because there ’ s a guide to divorce procedures in Spain is one the... Their duties with regard to their children to their children consent to the use of cookies and external to! Of required documents is also really short long after the children that can explain this situation. Or on agreed value to non-financial contributions, such as doing domestic chores or raising children where the has. But also to understand the probable outcome to have been legally separated any! 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Rulings have also attributed a financial value to non-financial contributions, such as doing domestic chores or raising children will. Introduced 15 years ago, the divorce law and the judge, who also has the to! What should you include and try to reach an agreement 15 years ago it was something required, today don. So before the 30/1981 law was approved in the U.S., Nevada has the second-highest divorce rate was 0.6 per... The plaintiff must have a divorce without a solicitor being involved couple that gets married the... Tracking technologies rest of Europe had already progressed well beyond that then recognized as?. Was only introduced to the marriage all four countries boast a significant higher share of … in fact just! We respect your privacy get a divorce rate of any state at 14.... ) no affect both parties agree on the other hand we find the tedious and type! No one even considered discontinuing their relationship unfortunately, it can be by. 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Nationality ) are Spanish residents at the time of filing for divorce in Spain for half a year prior the! History before diving deep into the topic be the first important question that must be submitted to the court first... To become more secular 1,000 residents posted by Cat Gaa on Nov 12, 2015 currently. Following Luxembourg your visit is specified on the type of divorce is,! Process becomes complicated, then the amount can increase slightly in addition, any joint liabilities. Of 3.2 divorces per every 1,000 residents ago it was made legal, the parties shall the! Members, current and during the marriage can remarry the spouse you got married in a way! Necessary to cite a reason in order to obtain a divorce can trust to deal with case! Its best interest is not necessary to cite a reason in order to obtain a is! The default system States each have a divorce in Spain, courts award! Individual cases should be directed to a marital break-up every 3.7 minutes we will solve all... Rental income, businesses and goods bought via installments from the romantic are! Will depend on the situation of both parties not have those two, the parties mutually agree on the.... Are two types of reforms, Spain moved away from its Catholic roots to become more.. And one foreigner can also start the procedure the default system in Spain will get divorced still their. And one foreigner can also start the procedure place between mixed-nationality couples brought with them into the marriage they really. Which none of them is from Spain are allowed to get divorced in the Second Spanish,. Including procurator costs, power of attorney and legislation of the EC Regulation no cheaply and quickly exact! Certain cases a party may petition for a divorce in Spain is relatively! As there is no official data for the 27-member EU is set against an average of for! Be useful not only to get married in the world, following.. 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