Separation Agreements in Spain

This service is for married individuals residing in Spain who wish to take a legal pathway to separate from their partners. 

Typically, couples facing irreconcilable differences, financial disputes, or other marital issues may find this service beneficial. 

The separation process in Spain can often be daunting, filled with legal intricacies and emotional turmoil. 

This service aims to provide a structured, straightforward separation agreement, alleviating the legal burden and guiding couples towards an amicable separation, ensuring their rights and interests are well-protected.

The service is suitable for married and non-married couples, as well as those with or without children and with common assets.

To utilize this service, the primary requirement is that one or both spouses should be residing in Spain. 

There are no stringent nationality or visa requirements; however, an existing valid residency is beneficial. Age is not a restrictive factor, though both parties should be of legal age to consent to a separation agreement. 

The law in Spain does not impose other specific eligibility criteria, making this service accessible to a broad spectrum of individuals facing marital discord.

The procedure commences with an initial consultation to understand the unique circumstances surrounding your marital situation. 

Following this, we will draft a separation agreement reflecting the agreed terms between both parties concerning assets, liabilities, alimony, child custody, and other pertinent issues. 

This draft will then be reviewed and, if necessary, amended to ensure it meets the legal standards of Spain and the satisfaction of both parties. 

Subsequently, the separation agreement is submitted to the Spanish court for approval. Once approved, the agreement becomes legally binding, marking the official separation of the parties involved.

By drafting a binding agreement* with advice from a lawyer (or potentially separate lawyers advising each partner), a mutually beneficial arrangement can be made such that both partners rights and interests are respected and protected. 

Apart from helping to avoid expensive litigation, such an agreement can provide peace of mind to both as well as certainty.

Where the couple have children, it is necessary that such an agreement is ratified before the Family Court, in order for either partner to exercise rights relating to custody, visitation, child maintenance payments etc

• An initial discussion with a specialist family lawyer to understand your requirements and any contentious issues that may exist
• Based on the initial information you provide, the lawyer will be able to draft a binding agreement to protect both partner's rights and obligations, according to your requirements
• If distinct lawyers are advising each partner, the lawyer representing you will communicate and negotiate with the lawyer representing the other party so that an acceptable agreement can be reached
• Presentation of the agreement to the Court or competent Notary public for ratification (depends on whether you are married or have children)