May 2, 2012. Which are the reasons that can explain this alarming situation? But there’s an extra compensation that does depend on your income level, and the exact amount will be decided by the judge (as long as there is no agreement between both parties), according to the total income and wealth possession. Let’s start with a bit of history before diving deep into the topic. • The plaintiff must have been living in Spain for one year prior to the divorce application. That is the likelihood that any couple that gets married in Spain will get divorced in the near future. 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). For example, divorce was illegal in Spain up until 1981, long after the rest of Europe had already progressed well beyond that. Even though years ago it was something required, today you don’t need to provide any reason or justification to get divorced. While divorce had been legal during the Second Spanish Republic, Franco began to overturn these laws by March 1938. For example, divorce was illegal in Spain up until 1981, long after the rest of Europe had already progressed well beyond that. As long as one of them is a legal resident in Spain the breakage can take place; and that will be true even though they got married in any other country like Germany or France. 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. 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. Divorce has become something really common in Spain. In fact, even today, divorce is so expensive and such a legal hassle, that there are still unhappy couples who continue to co-exist under the same roof even though they would rather separate. 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. 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). Spain has changed quite dramatically in many legal aspects since the dictatorship was the ruling modus operandi. Divorce Using the Spanish System Under EU law you can obtain a divorce in Spain once you have become an ‘habitual resident’, (which is open to interpretation by a Judge). That entirely depends on the situation of both members, current and during the marital relationship. 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. There are basically two different types of divorces in Spain. Getting a divorce in Spain is a relatively straightforward process provided both parties agree on the appropriate arrangements for children and assets. 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. I want to sign up to the newsletter! What should you include in your agreement? Which are the requirements you must fulfill to start the procedure? The first step in the divorce process, way before making any decision, is to get the assistance of a lawyer in order to discuss your situation and see what options you have available. Because of these types of reforms, Spain moved away from its Catholic roots to become more secular. Expatica helps make your expat journey the experience you've always wanted. Is a divorce processed in any other country recognized in Spain? However, the divorced parents still keep their duties with regard to their children. But usually the price will range from 1.000€ to 1.500€, including procurator costs, power of attorney and legislation of the documents. Even though you get divorced, you still need to change your will if you want to change your heirs. The first thing this jury will consider is the couple’s children and its best interest. Modifying Spanish Residency after Divorce or Dissolution of a Civil Union. Your choices will not impact your visit. 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. 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. In Catalonia, Aragon, Navarre, Balearic Islands and the Basque Country, ‘Separción de Bienes’ is the default system. Both parties will immediately lose any marital inheritance rights and widow’s pension rights, as well as those obligations directly derived from their marriage. The divorce law in Spain is no-fault, meaning that it is not necessary to cite a reason in order to obtain a divorce. On the other hand, in case of divorce in Spain we have the Child Support … Why? Once that agreement is reached and written, it must be submitted to the court. Each family is different and so will every rupture of the family environment. You may change your settings at any time. A judge will evaluate each and every clause, and include any modification if required. This may be the first important question that must be addressed. 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. The relationship between Spanish divorce law and the inheritance one is quite different from what you may find in countries like the UK. When a couple with younger children decides to start a divorce in Spain, the coexistence of a life in common is broken. In certain cases a party may petition for a divorce without waiting for the three-month period. It will be the lawyers of both parties who do the negotiation and try to reach an agreement. First of all, two Spanish nationals that are married to each other. 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. It is not necessary for the couple to have been legally separated for any period of time before filing for divorce. It only requires a petition from one of the spouses. When you think about Spain, because it is a Catholic country, you may think the divorce rate is low. 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. You cannot just go into a Notary and obtain a divorce without a solicitor being involved. The parties may apply for the modification of the measures established by the sentence, and such modification shall be made by means of a subsequent judicial dictum. Because there’s a mutual agreement between both parties regarding the main issues to be discussed. Nevertheless, if the agreement is contested and the process becomes complicated, then the amount can increase slightly. If you are the defendant and are a Spanish resident (regardless of your nationality). All this information will be considered by the judge and used for the final legal consequences that will affect both parties. The procedure for getting a divorce is quickest when both parties agree to the dissolution of the marriage. So what should you include and try to regulate? DOMENECH ABOGADOS is a law firm with wide experience on international divorce cases and other complex family matters and is staffed by lawyers of Many foreigners have found that one of the easiest paths to residency in Spain is through marriage or a civil union with a European citizen. Gibraltar and the United States each have a divorce rate of 3.2 divorces per every 1,000 residents. 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. First of all, the ease with which Spaniards can get divorced. Any compensation allowance or alimony that, if any, shall be made by one of the spouses in favour of the other spouse. Divorce in Spain More and more often marriage and divorce take place between mixed-nationality couples. Please note these are only general guidelines and not definitive statements of the law. A typical example would be where one spouse has given up a career to look after the children. Non-Spanish nationals can obtain a divorce in Spain if they or their spouse is a Spanish resident or a Spanish national. This site uses functional cookies and external scripts to improve your experience. Other situations must be taken into account, like the age of both members and their likelihood of finding new sources of income now that the marriage is over. It only requires a petition from one of the spouses. It only requires a petition from one of the spouses. Spain has changed quite dramatically in many legal aspects since the dictatorship was the ruling modus operandi. The parent that is not living with the children has the obligation to collaborate to their maintenance by submitting a pension each month (alimony). If your home country does have this same two regimes, the one applicable will be the one you signed when you got married. That depends on where you got married in the first place. A Notary divorce in Spain can be arranged cheaply and quickly. We have helped hundreds of foreigners in the same situation, and we want to be next to you during the most crucial times. Expatica uses technology such as cookies and scripts to personalize content and ads, provide social media features, and analyze our traffic. But in this article we will solve them all. Though Spain remains a predominantly Catholic country, less and less Spaniards are opting to get married in a Catholic church. Dual ownership would apply to rental income, businesses and goods bought via installments from the matrimonial pot. If there are no children involved and for really simple divorces. Have a cookie Posted 12:16 by Rafael Guerrero & filed under Family Law in Spain, Wills and inheritance in Spain.. It’s not a happy topic wherever you are, but getting a divorce in a foreign country can seem more daunting still. Where joint purchases were made during the marriage they are divided according to the contribution made by each party. By choosing I Accept, you consent to our use of cookies and other tracking technologies. The list of required documents is also really short. Because of these types of reforms, Spain moved away from its Catholic roots to become more secular. Getting a divorce in Spain is a relatively straightforward process provided both parties agree on the appropriate arrangements for children and assets. And that is because Spain agreed to be part of The Hague Convention for marriages. Every case is different, and the judge has the power to define how assets and debts will the finally distributed. The sentence determining the divorce will be filed to the Spanish Civil Registry. 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. And that is because the Spanish law is nowadays no-fault. That revised version is submitted to the Civil Registry, and can be appealed if one of the parties is not happy with the result. In the U.S., Nevada has the highest divorce rate of any state at 14%. With 89 divorces the Grand-Duché of Luxembourg led the list, followed by Portugal, Finland, and Spain. The manner, if any, in which the spouses continue to contribute to family expenses. And that is not only true for nationals, there are many foreigners from all around the world who also get divorced in the country. Spain has opted into the 2007 Hague Protocol of the EC Regulation No. Division of assets and wealth distribution. 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. The answer is simple: the court that first received the demand. 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. In the other Spanish regions, Sociedad de Gananciales applies, where all assets acquired during the marriage are considered to belong to both spouses equally, unless they are private goods. The exact amount will depend on the type of divorce, its length, and its complexity. This site uses functional cookies and external scripts to improve your experience. 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. 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. • The plaintiff must have been living in Spain for half a year prior to the divorce application and be a Spanish citizen. 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. Andalucía Lawyers have put together this guide to getting divorced in Spain for expats to help you better understand the process and the options available to you. Our professional lawyers will also support you with cases of alimony, … 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. 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. If you and your spouse are Spanish residents at the time of filing for divorce. You may get divorced in Spain only if you comply with any of the following requirements: The spouses may divorce by mutual agreement in Spain when they have been married for at least three full months. Posted By Cat Gaa on Nov 12, 2015. The divorce law in Spain is no-fault, meaning that it is not necessary to cite a reason in order to obtain a divorce. 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. If there are no children involved and for really simple divorces, it can be done in just 4-6 weeks. In technical terms, divorce in Spain is one of the legitimate methods by which a legally valid marriage may be ended. Spain is a party to the Council Regulation (EU) No. 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. In Spain, a marriage does not cancel any disposition established in your written will. Bear in mind that all documents must be legalized and translated into Spanish by a sworn translation. 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. The divorce law in Spain is no-fault, meaning that it is not necessary to cite a reason in order to obtain a divorce. In fact, the divorce rate in Spain is the highest in Europe with three out of every four Spanish marriages now ending in divorce. But what happens if you were married abroad? Spain now has one of the highest rates of divorce in Europe with 1 in 2.3 marriages ending in divorce. Click below to consent to the use of this technology on our website – and don’t worry, we respect your privacy. It only requires a petition from one of the spouses. Which are the consequences of a divorce for the main areas that are discussed? 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. In fact, the divorce rate in Spain is the highest in Europe with three out of every four Spanish marriages now ending in divorce. Unfortunately, it is becoming more and more frequent to hear about divorce in Spain, with the figure rising annually. The divorce law in Spain is no-fault, meaning that it is not necessary to cite a reason in order to obtain a divorce. Which country will officially manage the process? 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. 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. 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. Petition for divorce in Spain, whether agreed or on agreed. 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. In the unfortunate event that you need to file a divorce in Spain, here’s a guide to divorce procedures in Spain. All questions about the law’s applications to individual cases should be directed to a Spanish lawyer. 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 agreement has to be prepared by a solicitor familiar with the certain requirements of the civil code. This is of course another of the reasons that explain why it’s crucial to request the services of a lawyer: When and how will you manage the visiting regime, Type of education the children will receive from now on, If there’s any alimony and which is the exact amount, The right to live in what had been their house up to this point, Economic compensation to the weaker part financially speaking (if any). Gibraltar and the United States each have a divorce rate of 3.2 divorces per every 1,000 residents. Over 60%. Every year, many people decide to opt for a divorce due to circumstances beyond their control. 4/2009 in relation to maintenance as set out in article 15. 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). One of the toughest tasks during the process of your divorce in Spain is the division of assets. Overview. 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. Furthermore, and unlike the US, there is no need to be separated for any amount of time in order to start the process. And this also helps us understand one of the main reasons you really want to get divorced and do it in a way that it’s legally recognized. 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. 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… 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. 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). But in this article we will solve them all. All four countries boast a significant higher share of … And that, for sure, poses many questions. In the U.S., Nevada has the highest divorce rate of any state at 14%. In Spain, courts generally award alimony only where one of the spouses is clearly disadvantaged economically as a result of the divorce. When will that alimony or monthly payments come to an end? It was not until 1981 that Spain allowed divorce legally, and since then the percentage of new unmarried couples hasn’t ceased to grow. The weaker party financially may be benefited from the possibility to obtain an economic compensation. 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. To find out more or to opt-out, please read our Privacy Policy, which has also been updated to reflect the same. On the other hand we find the tedious and long type of divorce: the contested one. The first type of divorce is the one in which the parties mutually agree on the dissolution of their marriage. In fact, just one of the two members of the marriage will file the divorce in this case. 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. And here we find a crucial component: the alimony. As there is mutual consent, this type of divorce is much faster and cheaper. 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). In Spain, there are two types of divorces, as follows: uncontested divorce and contested 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. The divorce law in Spain is no-fault, meaning that it is not necessary to cite a reason in order to obtain a divorce. In fact, in Spain divorce is no-fault. Once the divorce is granted, the parties to the marriage can remarry legally. And yes, you can remarry the spouse you got the divorce with. Today Spain has the second-highest divorce rate in the world, following Luxembourg. This happens when no amicable agreement is reached, and it will be a judge through a judicial procedure who dictates the new regulatory situation between both parties. Your email address will not be published. Getting a divorce in Spain is a relatively straightforward process provided both parties agree on the appropriate arrangements for children and assets (Mutual Agreement). , Finland, and we want to be prepared by a solicitor being involved married to each other claim! Divorce, its length, and we want to get a divorce in Spain is the one you signed you. Each other as follows: uncontested divorce takes place when both parties regarding the main issues to paid! Below to consent to the Council Regulation ( EU ) no which has also been updated to reflect same! Divorce by mutual consent quicker and easier now disadvantaged economically as a of! Few months to a marital break-up every 3.7 minutes by which a legally valid marriage may be main! 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