Divorce proceedings in Spain were first approved in 1981, as Spain was one of the last European states to introduce such legislation and since then the divorce rate has risen to 0.9 for every 1,000 people in 2000. However, it is important to know that the divorce rate has increased rapidly, reaching 2.2 divorces out of a population of 1,000 people (at the 2010 level). A national or foreign national wishing to divorce in Spain does not have to present a concrete reason in court, since it is necessary to file a single application signed by one of the spouses to divorce. Divorce may be consensual if the spouses are married for at least three months. Divorce proceedings can be conducted in Spain if one of the spouses is Spanish and the other is a foreigner. Our team of divorce lawyers in Spain can help those who are interested in a divorce in Spain and can present the steps involved in this procedure. Our lawyers can submit the legislation governing divorce in Spain and provide information on the rights and obligations of the parties after the end of the divorce. The following video offers a brief presentation on Spanish divorce proceedings: Once the divorce is granted, the parties to the marriage can legally remarry. Both parties immediately lose all marital inheritance and widow rights as well as obligations arising directly from their marriage. In addition, all common financial debts that the couple owes to third parties are terminated. However, divorced parents retain their responsibilities to their children.
In the unfortunate case that you have to file for divorce in Spain, here is a guide to divorce proceedings in Spain. Foreign nationals can apply for a direct divorce in Spain if at least one of them holds a residence permit and lives there most of the time. A foreign national can also file for divorce by mutual agreement if he has lived in Spain at least one year after the marriage. A controversial divorce can last from a few months to more than a year. Divorce in Spain is a relatively simple process, provided that both parties agree on the appropriate rules on children and property. The right to divorce in Spain is not a fault, which means that it is not necessary to give a reason to obtain a divorce. It requires only a petition from one of the spouses. Non-Spanish nationals may divorce in Spain if they or their spouses are Spanish or Spanish nationals.
Divorce proceedings are the fastest if both parties agree to dissolve the marriage. At the same time as the claim, the parties submit the government agreement (convenio regulador). This is the treaty on the following issues: when drawing up a marriage agreement, it is important to know that the document will be applied by the Spanish authorities as soon as divorce proceedings have been initiated. However, this cannot be the case if the document is not favourable to the couple`s children or to one of the parties. An agreement on marriage in Spain follows the rules and regulations established by Regulation (EC) 1259/2010 of the Council of the European Union. This relates to the legislation that can be applied in this case and several options are provided for in Article 5: – the rule of the state where the document was signed; The disputed divorce relates to the fact that only one of the parties has filed a judicial application. Typically, this type of divorce can last up to a year, as spouses may not agree on many issues. For more information on divorce proceedings, please contact our firm.