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Is it necessary for a spouse to give reasons for divorce in Spain?

Until 2005, the laws in Spain – just like the laws currently in the UK – made it necessary for a petitioning spouse to give appropriate reasons for a divorce. in 2005 new legislation (Ley 15/2005) was enacted 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 reasons for a divorce in Spain 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.

Long story short:

After 3 months of marriage, both or any of the spouses may request to split without forced reasons for divorce in Spain.

Modern Era

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.

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Divorce

Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga, Vera, Vigo, Zaragoza.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this Service for?

For anyone who wishes to initiate, or who needs to respond to, divorce proceedings or other family law proceedings including separation and annulment.

2What does this service consist of?

  • Initial discussion with a specialist lawyer to understand the current position and options for next steps
  • If initiating divorce proceedings, possibility to refer case to an Advocate Abroad solicitor registered by the Law Societies in the UK to provide consultation on whether divorce proceedings may take place in the UK
  • If proceedings in UK not possible or desired, filing of the divorce petition to the local Courts or formal legal response if responding to a petition for divorce in the local Courts
  • Certificate of English law arranged if applying English-law to the foreign divorce proceedings
  • Negotiation of all terms of the divorce settlement
  • Drafting/Review of the divorce agreement
  • Division and distribution of Matrimonial Assets

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

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