Divorce Spain: Is it necessary to allege grounds?

Divorce Spain

Until 2005 the laws in Spain made it necessary to show adequate grounds for petitioning a divorce. Spain has however enacted new legislation (Ley 15/2005) which completely overhauled the entire area of family law and in the process did away with many of the old requirements.

Accordingly it is no longer necessary to rely on the typical allegations used pre-2005 such as alcoholism, infidelity, cessation of matrimonial cohabiting and drug addiction. Now it is merely necessary that three months have passed since the marriage took place in order for a divorce to be sought be either or both of the spouses. No grounds need to be alleged other than a desire by one or both of the spouses to part their ways.

The rationale behind the changes was to streamline the process and bring a level of modernity to the underlying basis of the law in this area. So, either or both of the spouses may make an application for a divorce and, should there be agreement as to the major terms of the divorce then the spouses may take advantage of a new process introduced by the legislation known as ‘Express Divorce’.

Express divorce allows for a simpler, faster and less expensive process for a couple to divorce. A cornerstone of the Express Divorce procedure is that there be an agreed understanding between the spouses both as to the desire to end the marriage and the form that this should take. This takes the form of a written and signed agreement or ‘Convenio’.

Once these issues have been agreed then it is simply a matter of contracting a lawyer who will draw-up the agreement formally in the form of a ‘Convenio’ and have this submitted to the relevant court with the necessary additional documentation required.
 

Family Law Client Testimonials

Client reviews of our family law services, as uploaded by clients directly to the Wufoo survey platform:

  • Default Avatar75
    Liezl Pulido, Philippines
    Monday, April 23, 2018
    Rosa never stopped working very hard, she went way above what she needed to do...she never gave up on me and always did more than I thought anyone would.

    I am so blessed I got Rosa to help me I co...uldn't have gotten a better lawyer she's the best.

    Thank you Rosa from the bottom of my heart you are a wonderful person, I am so grateful to you.
  • Default Avatar75
    Julie Smith, Torrellano
    Friday, April 20, 2018
    I can't compliment my solicitor enough.

    From our initial meeting right through to my ultimate divorce (with no unpleasant surprises the entire duration of the entire process), he immediately respo...nded to my many enquiries, always had mine and my daughter's best interests at the forefront of any considerations and was well worth every penny of his extremely reasonable fee.

    Excellent value for money, totally approachable and very professional and understanding. I highly recommend him and will continue to retain his services for other matters in the future.
  • Default Avatar75
    David Pratt, Alhaurin del Grande
    Friday, April 13, 2018
    Alvaro gives me confidence that he understands the issue and gives me practical solutions. He works rapidly and efficiently. I would strongly recommend his services.
  • Default Avatar75
    John Burchell, Arroyo De la Miel
    Tuesday, March 20, 2018
    Alvaro was very professional, helpful and friendly. Understood things quickly. Explained things well in English. Very easy to contact at any time.
  • Default Avatar75
    Robert Davies, Mallorca
    Monday, March 12, 2018
    Very supportive and clear on producing a suitable divorce settlement. Efficient, understanding and professional.
  • Default Avatar75
    Adam Clark, Tenerife
    Friday, March 09, 2018
    Oliver was very professional. He explained things very clearly and honestly at all times and in the end we got the best result possible in my particular case.

    Many thanks to him for his high level ...of service.
  • Default Avatar75
    Holly, Lanzarote
    Friday, February 23, 2018
    The divorce process could have been explained more clearly and accurately so that a more realistic time for completion can be attained.
  • Default Avatar75
    Tamara Malcolm, Mallorca
    Tuesday, February 20, 2018
    Rosa was and is extremely knowledgeable and helpful. Her advice was excellent and i will definitely be using her expertise again in the future.
  • Default Avatar75
    Eric Van Der Straeten, Belgium
    Friday, November 17, 2017
    Mr. Sempere Gelardo was a pleasure to work with. This lawyer has an understanding of difficult matters that surpasses most of his colleagues.

    He replied to my demand the next day and in fluent Engl...ish assisted me in the case I presented to him.

    His professionalism, together with a lot of empathy, gave me a feeling of security. The results were of the same high standard.

    I can only thank him and would recommend him to anybody who is in need of legal assistance in the region of Alicante.
  • Default Avatar75
    S Smith, Estepona
    Tuesday, September 12, 2017
    Being English in Spain and fighting a child custody and divorce case here is extremely difficult.

    I originally had an only Spanish speaking lawyer and after 2 years of everything taking ages inclu...ding just responses from my lawyer plus with the language barrier I decided to make the difficult decision to change my lawyer to Alvaro.

    Immediately and quickly Alvaro got an understanding of the case and was able to advise me. I was now able to understand myself what was going on and he worked to a new pace that had previously been lacking and that was needed to win the case.

    Communication and response from Alvaro was always immediate and his recommendations were always correct. He is very professional and approachable person, and a very good lawyer. With his help and guidance I won the case and without any hesitation I would highly recommend Alvaro as a lawyer to anyone.
  • Default Avatar75
    Aaron L, Oregon
    Wednesday, August 02, 2017
    Very satisfied with the service provided. Helen was knowledgeable, helpful and responsive to communication. Will definitely use again.
  • Default Avatar75
    Maya M, Canada
    Monday, July 31, 2017
    My overall experience with Rosa was a positive one.

    Value for the money? Yes.

    In my opinion, Rosa is a very knowledgeable and professional lawyer, who is able to not only understand the situat...ion at hand, but also suggest different approaches and customized solutions for unique, non-standard situations, which was the case with me.

    And for that I am really happy and grateful to have worked with Rosa, and wish her the very best in the future.
  • Default Avatar75
    N. Gardiner, Mijas
    Friday, June 16, 2017
    Rosa was value for money, really easy to deal and very efficient. Highly recommend.
  • Default Avatar75
    D slocombe, Spain
    Friday, May 19, 2017
    Jose is very friendly and understanding. I am very satisfied and I would you use the same lawyer again in the future.
  • Default Avatar75
    KSC, Ireland
    Tuesday, October 18, 2016
    She was very helpful, always happy to assist. I was very satisfied with the service.
  • Default Avatar75
    Elena, Australia
    Tuesday, June 14, 2016
    Rosa was straightforward, friendly, polite and cheap. I was very satisfied and I definitely would use the same lawyer again in the future.
  • Default Avatar75
    Kate Godbehere, Granada
    Thursday, February 25, 2016
    From the outset, Rosa was extremely professional, approachable, efficient and competent. Her level of English is extraordinary, something very much appreciated as it made life easier for me during an ...inherently difficult time.

    Her correspondence was always relevant, detailed, simply and clearly explained and expressed. Rosa was kindly, matter of fact, calm, patient and always reassuring.
    Her pro-active, intelligent, thoughtful and knowledgeable advice helped very much during a particularly delicate and worrying stage of the process.
  • Default Avatar75
    Peter Gural, La Linea
    Thursday, October 08, 2015
    What I liked about this service: Value for money.

    The level of professionalism and excellence in service was not compromised in the reasonably low fee charged for the service.

    All details were... explained in a simple format that an ordinary citizen could understand, sparing the bureaucratic procedure that only lawyers can understand.
  • Default Avatar75
    Elena Todd, Almoradi
    Friday, July 18, 2014
    Our lawyer was very understanding of our situation, and took a lot of time to strategise for the best possible outcome.

    Her passionate performance in court exhibited a heartfelt commitment to our ...case.

    Her fees were very reasonable and she was willing to consider payment terms at difficult times.

    I strongly recommend her and will use her again in the future.
  • Default Avatar75
    Christine B., Spain
    Thursday, July 03, 2014
    Very fast and comprehensive responses to all my queries.

    Always available via email and telephone.

    Very reasonable fees.Extremely helpful and thorough. Polite, perfect English. Absolutely prof...essional.
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