The divorce procedure before a Notary is a more agile and faster way to obtain the deed of separation or divorce since it can be granted that same day or during the month of August (we remind you that the month of August is an inactive month for the courts and Tribunals in Spain). Moreover, the notarial act of divorce takes effect between the spouses from the moment of its signing.
- WHAT ARE THE REQUIREMENTS TO PROCESS A NOTARIAL DIVORCE?
. More than three months must have passed since the celebration of the marriage.
- There must be no common minor children.
- Consent is necessary from the adult children, if there are any.
- Both spouses must be in agreement with the process to be processed (separation or divorce), as well as the regulations that must be included in the regulatory agreement.
- Neither of the spouses should be pregnant.
- At least one of the spouses must be registered as a resident in Spain
Procedure:
1st.- Drafting of the regulatory agreement.
The first step is to draft the Regulatory Agreement, a document in which the spouses agree on the effects of the divorce: compensatory pension, liquidation of joint property, use of the marital home, etc…
In our office, we will take care of drafting it, for which you must provide us with the following documents:
- ID/NIE of the spouses.
- Family Book
- Proof of residence
- In the case of proceeding with the liquidation of the joint property society, information about the assets and debts.
2nd.- Go to the Notary to sign the public deed.
Once the spouses accept the Regulatory Agreement, they must
go to the Notary to ratify it and proceed with the divorce.
Tax Aspects
The law of Voluntary Jurisdiction establishes that the consequences of separation or divorce must always be the same, regardless of whether it is processed before the Judge, the Judicial Secretary, or before the Notary. However, if we decide to go the notarial route, we must pay the tax on documented legal acts
What do our services include?
Our services include both the necessary advice to be able to decide on the processing of the notarial divorce, the preparation of the regulatory agreement, and assistance at the granting of the deed at the Notary, as the signature of a practicing lawyer is essential.
