Filing a Divorce in Spain
Provided that you, your spouse or even both find that there has been a marriage breakdown and you do not wish to continue bond to each other through this legal figure, then you must file a divorce. We know that this might be a difficult thing to cope with, especially if you have received an “unexpected” notification from an attorney on your spouse behalf to terminate your marriage bond, but you must keep calm and seek help from an attorney specialized in Civil Code and divorce proceedings.
Our Law Firm can help you with your divorce proceeding, whether it has been filed in Spain or abroad, or whether you are a Spanish national or a foreigner. We have the experience required to represent your interest during this hard time, for if no mutual agreement is made, then we may file a contentious procedure to settle the corresponding Divorce Agreement in relation to your assets, finances, marital home and children’s legal custody and alimony for them and the spouse.
Such Divorce Settlement Agreement outlines and specifies the future relation of the parties in connection to their debts, properties, children support and maintenance. With the execution of this final agreement of divorce both parties are obligated to respect the terms in connection therewith. By this document, the marital economic system is dissolved, that is to say that the properties and assets must be distributed between each party. Our lawyers can help you drafting and negotiating such agreement. Remember that even if you are satisfied by the conditions settled in the agreement outlined by your spouse’s lawyer, you should hire an attorney who reads it as well and who is fully focused on protecting your rights and interests.
It is very common to find cases where one couple has contracted marriage in a certain country but later the spouses have moved to another country; or those where the spouses may have been living separately in different countries by the time they decide to terminate their marriage. If any of these cases apply to you, then you may wonder: where you should I file my divorce? If I’m not a national of the country where I’m currently staying, can I file for divorce here? These and many other questions can be answered for your attorney. However, you must consider that even though the Civil Code varies among countries, the European Union foresees certain conditions to mediate on this matter between EU member estates. Cases of divorce involving two or more countries can be issued in a particular country provided that any of these statements is true:
- Both spouses live in the country.
- At least one of them is a national of this country
- One of them has been residing legally in that country -by means of a residency permit or card- for at least one year.
In case you wish to divorce in Spain, you may be able to do so by complying with the aforesaid and also considering the following:
- You must issue your petition for divorce after 3 months of marriage*.
- Such petition can be requested for either party or both.
- No particular reason needs to be stated to file your divorce.
*Please note that you may file for divorce before such time if the spouse and/or children are in danger regarding their life, physical integrity or freedom.
Types of Divorce
- Common or Mutual Agreement.
Normally, this is the easiest and perhaps cheapest way to fulfill your divorce. It is arrange out of court settling your own Divorce Agreement by means of a mediator who draws the document.We always encourage this type of negotiation, based on fairness and good will of both parties. However, if this settlement doesn’t respect our client’s rights, we will go to court.
- Contentious Divorce.
In this case, a trial will take place to hear each party’s statements, so the judge will settle the Divorce Agreement for you.
- Legal Separation
If any of the parties foresees a future reconciliation or wishes to let his/her spouse be the beneficiary of insurance benefits or others, then you should file a legal separation, where common life is over but the marriage bond is not dissolved.
Contact us and put your case in the hands of responsible and professional attorneys.