divorcio notarial

Notarial divorce

In certain circumstances, spouses who wish to divorce may choose between filing for divorce before the courts, or in a faster, easier and more convenient way: before a Notary Public. Nevertheless, to divorce before a Notary, the following requirements must be fulfilled:

– Three months. At least three months must have elapsed since the celebration of the marriage. This is a common term for any type of divorce.

– Mutual Agreement. It must be a divorce by mutual agreement. If there is no agreement between the spouses, one of the parts will have to initiate a procedure of Litigious Divorce before the competent Court.

– Without children or children of legal age. In order to be able to divorce before Notary it is necessary that there are no minor or incapacitated children (according to the last reform of the Civil Code it is no longer possible to speak of incapacitated, but of persons with respect to whom measures of support attributed to their parents have been judicially established). That is to say, it is required that the couple has no minor children or that these are of legal age and economically independent.

If there are minor children or children of legal age for whom support measures have been judicially established, it will be necessary to go to Court to divorce, even if it was done by mutual agreement.

In the event that the spouses have emancipated minors or children of legal age, but economically dependent, these will have to grant their consent with respect to the measures contained in the Regulatory Agreement of the Divorce that affect them directly, reason why they will have to be present at the moment of the signature before Notary.

– Mandatory intervention of a lawyer. In these procedures the intervention of a lawyer is obligatory, who will be in charge of drafting the Regulatory Agreement and providing legal advice to the spouses. The Regulatory Agreement is the document in which the agreement reached between the spouses is collected in which the measures are indicated that will govern their relationship in the future, after the divorce; in the notarial divorce to be processed with a single lawyer, but each spouse can have his own.

– Not intervention of a government attorney (procurator). To divorce before a notary, it is not necessary the intervention of a government attorney; whereas its participation is mandatory in case of judicial divorce, either by of mutual agreement or litigious.

– Liquidation of the marriage property regime. While the divorce is processed, the marriage property regime can be liquidated. Thus, for example, if the couple is married in community of property regime, in the same document that is granted before a notary it is possible to extinguish and liquidate this society.

As for the necessary documentation, the spouses must provide the following documents:

– DNI of both spouses.

– Family book.

– Literal certificate of marriage (it is requested in the Civil Registry or Justice of the Peace of the place of celebration).

– Literal certificate of birth of the children of legal age if there were them.

– Certificate of census registration of both spouses (determined by the notary’s office).

– Regulatory Agreement drafted by lawyers and signed by both spouses.

– In the case of liquidation of the matrimonial economic regime, the titles of property, valuations, bank accounts and investments, documentation of common vehicles, debts, and other documentation that is required depending on the goods and debts that they have will have to be contributed.

Which notary is the competent one?

The divorce may be performed before any notary who is in the municipality of the last family domicile, or of the place of residence of both spouses; for this reason, the certificates of census registration are requested.

How much does a notarial divorce cost?

The cost can vary between 150€ and 250€, depending on the Notary. If the divorce is carried out with the liquidation of the matrimonial property regime, this amount will be increased. The fees of the lawyer or lawyers who assist the spouses to negotiate the conditions and to draft the Regulatory Agreement are paid separately and each lawyer estimates his or her fees freely.

How and where is it registered to have legal effects?

It will be the Notary before whom the divorce is granted, the one in charge of requesting the inscription of the divorce before the Civil Registry where the marriage is registered.

How long do the spouses have to wait to be divorced?

The notarial act of divorce takes effect from the moment it is signed. Therefore, and unlike what happens in divorces that are requested before the courts, the notarial divorce will be final and will take effect from the date of its signature.

In Sainz & van Kesteren Abogados, we are specialists in Family Law, please contact us in case you want to initiate a Divorce procedure or for further information.



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