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Marriage, Separation and Divorce in Spain

Marriage, Separation and Divorce in Spain

2.3 De Facto Separation

A husband and wife may decide to live separate and apart from each other, though they still continue with their marriage. The marriage can only be terminated by means of divorce or death of one of the spouses.

De facto separation may also occur in case of desertion; when one of the spouses has abandoned the family dwelling. The abandoning spouse may be deemed guilty of committing a crime for abandoning the spouse and children.

Normally if the husband and wife will present a petition for judicial separation because previously they are living separate.

In these cases it is not the Judge who intervenes in the separation of the spouses, but they decide to put an end to their marriage, whether temporary or definitively.

If you are willing to separate from your spouse, it is advisable either to file a petition for judicial separation (preferably by mutual agreement) or reach an agreement in writing covering: custody of children and rights of visitation, as well as financial support of the spouse and any other financial terms.

The judicial separation would be by mutual agreement or litigious separation.

 

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