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Marriage, Separation and Divorce in Spain

Marriage, Separation and Divorce in Spain

2.4 Judicial separation

a) Separation by mutual agreement.

The spouses may separate by mutual agreement when they have been married for 1 full year. In this case the spouses agree to live separate and apart from each other. Whenever the spouses ask the judge for a legal separation order, a proposal of governing convention shall be attached to the petition.
The court procedure for separation by mutual agreement is quick and simple.

b) Litigious separation

In this case one of the spouses file a petition for judicial separation on the ground of the facts the Spanish Law states. Some of the grounds to separate from your spouse are the following:

The court proceeding for litigious separation is long and complex. Depending on the circumstances of the case, before starting the separation court proceeding, temporary measures regarding the matrimonial property, custody of children, support, alimony, etc.may be set up.

 

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