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01 Feb 2023
Mutually Agreed Divorce Service
This service is available across Spain
Who Is This Service For?
This service caters to individuals looking to undertake mutually agreed divorce proceedings in Spain.
If you are able to reach an agreement with your spouse regarding ALL elements of the divorce - including child custody, support, visitation rights etc, then you may benefit from the Mutual Agreed Divorce service.
The common problems faced by such individuals could include prolonged divorce proceedings, high costs, and emotional distress.
By opting for a Mutually Agreed Divorce, which is often referred to as ‘Express divorce’, the process becomes less time-consuming and costly. This service particularly benefits those who have reached a clear and amicable agreement on all divorce terms and wish for a swift resolution.
For those considering this service, there are certain prerequisites to keep in mind:
- Primarily, it's essential that at least three months have elapsed since the marriage was celebrated. There's no requirement to allege any marital misconduct for pursuing a divorce.
- The cornerstone of this service is the mutual agreement between spouses on all divorce terms, encapsulated in a 'Convenio' agreement.
- While this service is available to everyone, including those married outside Spain, at least one spouse should be ordinarily resident in Spain, irrespective of their nationality.
The procedure for a mutually agreed divorce in Spain, or Express Divorce, commences with both spouses reaching an agreement on the divorce and its terms.
Following this, issues such as asset distribution, child custody, and alimony payments need to be settled amicably.
The next step involves contracting a lawyer who will formalize the agreement through a 'Convenio', which then gets submitted to the relevant court along with necessary documentation like marriage certificates, birth certificates of children, and a certificate of residency for one of the spouses.
The court will then review the 'Convenio', and provided it is fair and not detrimental to the children or either spouse, it will be approved, paving the way for the finalization of the divorce.
The prime benefits of utilizing this service include cost-effectiveness and time-saving.
Unlike contentious divorce proceedings, Express Divorce is less expensive as both spouses can retain the same lawyer, thus reducing legal fees.
Furthermore, the process is quicker, potentially concluding within a few weeks in cities with specialized fast-track family law systems.
Even without such systems, an Express Divorce is usually finalized within one to three months, a significant reduction compared to the minimum six-month timeframe of contentious divorces. This expedited process minimizes the emotional and financial strain on the involved parties.
What Does This Service Consist Of?
Your lawyer from Advocate Abroad will be able to offer any of the following services as required:
- Preparation of the Convenio or Divorce Agreement
- Filing of the relevant documentation with the court
- Advice and assistance throughout the process
- Remote assistance where a spouse is unable to attend
- Transfer of title where assets are assigned
Free 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.