The divorce procedure before a Notary is a more agile and faster way to obtain the separation or divorce deed as it can be granted on the same day or during the month of August (we remind you that August is a non-working month for courts and Tribunals in Spain). Additionally, the notarial divorce deed takes effect between the spouses from the moment it is signed.
- WHAT ARE THE REQUIREMENTS TO PROCESS A NOTARIAL DIVORCE?
. More than three months must have passed since the marriage was celebrated.
- There must be no minor children in common.
- The consent of adult children, if any, is necessary.
- Both spouses must agree on the process to be processed (separation or divorce), as well as the regulation that must be included in the regulatory agreement.
- Neither spouse is pregnant.
- At least one of the spouses must be registered 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 community 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:
- DNI/NIE of the spouses.
- Family Book
- Registration certificate
- In case of proceeding with the liquidation of the community property, information about 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 Voluntary Jurisdiction Law 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 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 decide on the processing of the notarial divorce, the preparation of the regulatory agreement, and assistance in granting the deed at the Notary, as the signature of a practicing lawyer is essential.
