Notary Divorce in Spain

Posted in: Family Law

notary divorce

Many people do not realise how simple it can be in some cases to obtain a divorce in Spain. From July 2015 it became possible to divorce just at the Notary. Notary divorce in Spain is only possible though in certain circumstances.

Requirements – Notary Divorce

These are the main requirements:-

  • It has to be amicable not an acrimonious divorce.
  • There cannot be children under 18 years old belonging to the couple jointly.
  • Both parties must live in Spain.
  • All that is required is the marriage certificate (with a Hague Apostille if not Spanish) and padron for both.

How Easy is a Notary Divorce in Spain?

A Notary divorce in Spain can be arranged cheaply and quickly. You cannot just go into a Notary and obtain a divorce without a solicitor being involved. The agreement has to be prepared by a solicitor familiar with the certain requirements of the civil code. But it is an inexpensive transaction.

Is a Divorce Possible During the State of Alarm?

Currently the Notaries are very limited with what they are able to do. However if you and your spouse have decided to definitely divorce there is nothing preventing you and us preparing the divorce agreement and paperwork. Then it is ready to be signed at the Notary immediately things are back working again.

If you would like a free quotation please contact us. Please note that for a notary divorce the divorce must take place in the jurisdiction where one (or both) of you live (same as with the Courts). Thus this needs to be at a reasonable distance to us (Elche/Torrevieja area) for the signing at the Notary when restrictions are lifted.

Notary Divorce with Children

If you have children under 18 years old in common, we are sorry but a Notary divorce is not possible. The divorce has to be done through the Courts. Our page on divorce in the Courts explains this further.