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Marriage, Separation and Divorce in Spain

Marriage, Separation and Divorce in Spain

3. Divorce

1. General information

A petition for divorce can be filed with the court on the following grounds:

Be aware that problems may arise when trying to proof that the parties to the marriage have been living apart.

The above is just general legal information. You should consult a Spanish lawyer for legal advice on a specific situation or regarding a particular set of facts.

2. Types of divorce

a) Uncontested divorce

The court procedure to get divorced by mutual agreement is quick and simple. The petition for divorce shall be filed together with the governing convention. The petition shall contain those grounds, which the divorce is based upon. Normally, the grounds that the spouses use to allege are, either the fact of the separation for 1 year since the separation sentence was passed, or the voluntary separation for 2 years.

b) Contested divorce

In this case the divorce petition is filed by only one of the parties to the marriage. The court procedure is long and complex.

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.

3. The effects of the divorce

Once the divorce is granted, the parties to the marriage can remarry legally. The parties will get immediately extinguished their initial inheritance and widow's pension rights, as well as those obligations directly derived from their marriage: fidelity… The divorced parents still keep their duties with respect their descendants.

4. Legal requirements to get divorced in Spain

You may get divorced in Spain only if you comply with any of the following requirements:

 

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