Divorce Proceedings before Notaries permitted by New Spanish Legislation

    The New Ley 2/2015 de la Jurisdicción Voluntaria,  published on July 2nd entering into force on the 23rd of July, governs for the first time some legal issues which did not have proper judicial protection in the Spanish legal system: extending corporate executive liability to the civil arena,  electronic auctions, outstanding issues in adoption or guardianship; obligation to protect the estates of people with disabilities; immediate declaration of death in unexpected accidents (eg. aircraft); judicial force given to acts of reconciliation in contract law, and so forth.

    The new law’s name – “voluntary jurisdiction”, is partly because certain aspects of human relationships, which until now could only be resolved by going to a court and appearing before a judge, now may be presented to a notary or a registrar.

    In particular, with this new law it is now possible to marry before a notary, and to get divorced, although this last possibility is subject to certain conditions.

    This Voluntary Jurisdiction Law regulates the “new divorce”, as follows:

    Article 54 (Ley 15/2015)

    1. The spouses, if they have no minor children under modified or judicial capacity under their jurisdiction may agree to a marital separation or divorce by mutual consent, by formulating a regulatory agreement in a public deed. They must give their consent before the Notary in the area of the last common residence or habitual residence of either of the applicants.
    2. The spouses must be assisted in the execution of the public deed by a practicing lawyer.
    3. The application, processing and issuance of the deed shall comply with the provisions of the Civil Code and of  this law.

    On the 2nd of July, when the new law was launched, the media were very  quick to publish the following headlines: “Divorce for €95 before a notary!”

    Well, more accurately this is only the amount you have to pay the notary in case you prefer to get divorced appearing before a notary and you set the divorce agreement by mutual consent not having minor children. So the statement that “divorce now costs €95” is not actually accurate since a lawyer should intervene in the matter (art.54.2), and draft an agreement that “meets the provisions of the civil code and the law.” And the lawyer’s fees are not included in the 95€ fee paid to the Notary.

    Quite the contrary, as it was previously free filing for divorce in court, there will now be the added cost of the notary, which may be higher than the promised €95, (certified copies, etc). Therefore the lawyer’s fee is an expense that we have to continue to bear on top of a new Notary’s fee.

    Nevertheless, there should be an advantage in this new law for divorce by mutual agreement without children: it will be much faster. Therefore we may reasonably expect  an increase of consensual versus adversarial divorce.

    In conclusion, beware of the fine print of new laws when published…, and let’s be especially careful with media headlines about new laws!

    Client Testimonials

    Below is a list of recent reviews received from our clients, obtained via the Wufoo client survey platform:

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      Darren & Gemma Nesbitt, Valencia
      Tuesday, September 11, 2018
      Inmaculada has been of excellent service to us, as a family and in helping to set up a business in Spain. She has now undertaking several project for us and has delivered high quality on all of them. ...Perfect service!
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      Patsy Valentin, Granada
      Tuesday, September 11, 2018
      Extremely accommodating and highly professional and very pro active. Excellent result and service. Highly recommended.
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      Jovie, Malaga
      Wednesday, September 05, 2018
      My lawyer Alvaro was extremely helpful and very efficient. I would definitely recommend his services to friends.
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      Albert Roldan, France
      Tuesday, September 04, 2018
      Alfonso was extremely helpful, particularly since we requested a quick turnaround for the 18 documents needing to be translated from English and French to Spanish.

      He was fluent in our phone conver...sations and email correspondence, he never misunderstood what our requirements were. He was was clear in explaining how this process works and what the price included.

      I would highly recommend him to anyone needing these services.
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      David Grundy, UK
      Friday, August 24, 2018
      Jose was very polite and we received an excellent service from him. Nothing was to much trouble and his communication was 2nd to none. Highly recommended!
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      Mario Klappholz, Miami, Florida
      Thursday, August 16, 2018
      Inma was very helpful, always happy to assist. I particularly appreciated her professionalism. I would not hesitate to recommend her services to friends.
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      Daniel Spitzhorn, Spain
      Tuesday, August 14, 2018
      Miguel in Oviedo helped us during the process of buying a flat in Asturias. He was just brilliant!
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      Tracey Iliffe Bradley, UK
      Tuesday, August 14, 2018
      Rosa dealt with everything efficiently and promptly and went beyond our expectations by helping us to open a Spanish bank account and deal with other minutiae.
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      Erslaan Ahmed, Bangladesh
      Friday, August 10, 2018
      Gave very good advice and provided an excellent solution. Inma is very professional in her work. I would recommend her services to friends.
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      John Ryan, Derby, England
      Wednesday, August 08, 2018
      A perfect relationship between client and professional. Nothing was too much trouble.

      Went over and above his job and more. I would only use his services if I need legal services. I were very lucky... to find Jose first time round.

      Thank you jose
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      Robert Brownlee, Almeria, Spain
      Wednesday, August 08, 2018
      Everything was as it should be: excellent. Had to pay by bank transfer and maybe would have liked another means of paying.
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      Delbecq, France
      Friday, August 03, 2018
      Cristina, is extremely professional, fast, responsive understand and explain well, she always found appropriate solutions and provide good advices.

      She know how to deal and negotiate, and look self...-confident, and make you feel less stress, you can trust here.

      The value for money is good, and she is up to date with technologies (mail/google app etc… very practical).

      It was a pleasure and a great luck to found here and have here at my side for my case. For anything, i should need a lawyer she will be the one I’ll work with
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      Mohamed Nasir, England
      Monday, July 30, 2018
      My lawyer Carmen is a nice lady ,very professional. I would like to be her client again if I need a lawyer in the future.
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      Michael Harrison, Urb. Camposol Mazarron Murcia
      Friday, July 27, 2018
      Maria was extremely helpful and professional, and put herself out to satisfy my needs.

      I contacted her on a number of occasions and always had very good advise on costs etc.

      Her English was imp...eccable and could always be understood.
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      Michael Bates, UK
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      Francisco was very easy to deal with. Very professional. Would not hesitate to recommend him to friends.
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      Elizabeth Coelho, Barcelona
      Wednesday, July 25, 2018
      Oscar was very helpful and really understood my needs.
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      Janette Payne, France
      Wednesday, July 25, 2018
      Jaime was quick, made good suggestions about remembering to revoke the power in the future, very responsive - changing a meeting to suit our timetable - and even took us round to a DHL office and arra...nged for the document to be courriered after it was signed.
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      Janet/Alex Olsen, Newcastle
      Wednesday, July 25, 2018
      Overall the service provided by Oliver was exceptional.

      My mother and I couldn't of asked for more from him as he sorted out our family affairs. His attitude, attention to detail and promptness wh...ile helping us were second to none.

      His English is top notch and his way of explaining and or guiding you through what needs to be done makes the whole experience easier than expected.

      We'd recommend Oliver to anyone in need of his expertise while dealing with issues in Tenerife.
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      Neil Linter, London
      Tuesday, July 24, 2018
      Cristina immediately understood our requirements and was essential in guiding us through a very tricky process.
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      Jason Yorke, United Kingdom
      Thursday, July 19, 2018
      Beatriz was really helpful and always kept me informed at all stages. She is very professional and a pleasure to deal with.
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      Mr David P Robson, Valancia
      Thursday, July 12, 2018
      My lawyer Francisca offered value for money and was very helpful. Will use her again.
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      Richard Day, London and Barcelona
      Thursday, July 05, 2018
      My initial call to your service desk was responded to by Oscar very quickly.

      I appreciated his time as I outlined my issue, a problem with the building community and administrators. At the end of ...the call he provided clear guidance on next steps.

      Furthermore he quickly turned around the issue with an excellent drafted response for which I could not of hoped to be better worded. It was comprehensive and aligned perfectly with what I felt was needed.

      Excellent value for money and most definitely I would highly recommend Oscar.
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      Søren Aabel Hammer, Malaga
      Thursday, July 05, 2018
      Beatriz was professional and quick to respond. Would definitely recommend to friends.
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      Patrick Crean, Almerimar
      Thursday, July 05, 2018
      Juan was fantastic. Very easy to understand and very pleasant. I would definitely use his service again.
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      Damien Stephan, Benidorm
      Thursday, July 05, 2018
      The whole process from start to finish was straightforward and well explained. I honestly cannot recommend them enough!

      They really went out of their way to be helpful and kept me up to date at ev...ery opportunity. Excellent value for money from some really nice and genuine people. True professionals.

      Wouldn’t hesitate to use again in the future.
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      Claire, Fuengirola
      Wednesday, July 04, 2018
      Alvaro assisted me during my experience at advocate abroad, and he was so kind. He answered any questions I had, and made me feel completely at ease.

      I knew I was in the hands of a professional. H...e could not have done more to help me.
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      Paul and Joyce Rose, Mijas, Malaga
      Wednesday, July 04, 2018
      Extremely helpful and very professional. Will definitely use Alvaro next time we require legal advice.
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      Nigel Whinnett, Esher, UK
      Wednesday, July 04, 2018
      Professional, friendly, efficient service, good value, a pleasure to use the services of the lawyer and his team. In depth knowledge of the relevant laws, taxes etc.

      Would highly recommend and use ...again.
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      Claire O'Gara, Fuengirola
      Wednesday, June 27, 2018
      I liked Alvaroós enthusiasm, and the great level of customer service. He always answered my questions thoroughly.
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      Mrs Susan Vickery, Silves, Portugal
      Tuesday, June 26, 2018
      Good advice, very helpful and fast. Would definitely recommend Luis to friends.

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