In Spain, as in many other countries, the divorce process involves a series of procedures and documents that must be completed and submitted to the relevant authorities. This process may vary slightly depending on the specific situation of each couple, but in general terms, there are certain steps and requirements that must be met to carry out the divorce legally and effectively.
If you need a family lawyer in Lanzarote for this type of procedure, trust Fuenmayor Abogados.
In the following lines we are going to clarify this matter with everything necessary:
Procedures and papers needed to get divorced in Spain
- Divorce application
The first step in the divorce process in Spain is the filing of a divorce application with the corresponding court.
This application may be filed jointly by both spouses, in which case it is a divorce by mutual agreement, or unilaterally by one of the spouses, in the case of a contentious divorce.
2. Personal documentation
To initiate the divorce process, it is necessary to submit certain personal documentation to the court.
This includes, but is not limited to, the marriage certificate, identification documents of both spouses (DNI, passport, etc.), and in the case of minor children, the birth certificate of the children.
3. Regulatory Agreement (in case of divorce by mutual agreement)
If the divorce is by mutual agreement, it is necessary to draw up a regulatory agreement establishing the agreements reached by both parties on issues such as child custody, visitation rights, alimony, liquidation of the matrimonial property regime, among other relevant aspects.
4. Liquidation of the matrimonial property regime
In the event that there are common assets that must be divided between the spouses, it is necessary to carry out the liquidation of the matrimonial property regime. This involves determining how the assets and debts acquired during the marriage will be divided.
5. Preliminary hearing and judgment
Once the divorce application and all the required documentation have been submitted, a preliminary hearing will be held in which the agreements reached by the parties will be reviewed or the discrepancies will be resolved in the event of a contentious divorce. Subsequently, the judge will issue a divorce decree that will terminate the marriage.
6. Registration in the Civil Registry
Once the divorce decree has been obtained, it is necessary to register the divorce in the corresponding Civil Registry so that it has legal effects. This registration is essential for the divorce to be officially recognized and for the necessary changes to be made regarding the marital status of the spouses.
The divorce process in Spain involves a series of procedures and documentation that must be completed rigorously for the divorce to be valid and effective.
It is important to have adequate advice from a lawyer specializing in family law, to ensure that the process is carried out properly and the rights and interests of all parties involved are protected.