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Judicial Separation in Spain
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The divorce procedures in Spain were firstly approved in 1981, this country being one of the last European states in which this type of legal act was introduced and, since then, the rate of divorces increased to 0.9 per 1,000 people in 2000. However, it is important to know that the divorce rate increased at a fast pace, reaching 2.2 divorces at a population of 1,000 persons (at the level of the year 2010).
A local or a foreign citizen who wants to divorce in Spain doesn’t have to present a specific reason in front of the court, because it is necessary to file only a petition signed by one of the spouses in order to get divorced. The divorce can be done by mutual agreement, if the spouses are married for at least three months. The divorce procedure can be performed in Spain, if one of the spouses is Spanish and the other is a foreigner.
Our team of divorce lawyers in Spain can assist those who are interested in getting a divorce in Spain and can present the steps that are involved in this procedure. Our lawyers can present the legislation regulating divorces in Spain and may also offer information on the rights and obligations the parties have once the divorce is completed.
The following video offers a short presentation on the Spanish divorce procedures:
In order to simplify divorce proceedings, Spain passed a new law in 2005. Law No. 15/2005 provides for no statutory reasons in order to make divorce by mutual agreement easier. Divorce by mutual consent is referred to as direct divorce in Spain. This type of divorce can be requested by both spouses or by one of them with the consent of the other. In order to obtain the divorce, the following conditions must be fulfilled:
Legal separation is another alternative to direct divorce in Spain. Even if achieved under the same circumstances, legal separation in Spain means that the couple will remain married but the spouses live separately.
A Spanish Court of First Instance can receive a request for divorce or legal separation in Spain by mutual agreement under the following conditions:
Foreign citizens may apply for direct divorce in Spain if at least one of them has a residence permit and lives most of the time here. A foreign citizen may also apply for divorce by mutual agreement if they have lived in Spain for at least one year after the marriage.
Our divorce lawyer in Spain can provide you with more information about filing for divorce or legal separation by mutual agreement.
The parties involved in a divorce must appeal to the services of a Spanish law firm as the petition they will file with the court must be signed by the attorney. The request must be accompanied by the following supporting documents:
The legal environment available in this country prescribes two types of judicial separation in Spain:
• agreed separation;
• non-agreed separation.
The agreed judicial separation in Spain is a process in which both parties are interested in solving the separation in an amicable manner. The parties will receive the right of living separately, but it is important to know that the legal decision can be reversible if the parties may conclude so.
The non-agreed separation in Spain can be enforced when the couple has been married for at least three months, but in the situation in which one of the spouses is threatened by the other spouse in terms of physical integrity, liberty and other similar aspects, the Spanish legislation prescribe that the period of three months is no longer compulsory.
This procedure can be time-consuming, as the parties will have to come to a term in respect with various matrimonial aspects, such as:
• property;
• custody;
• alimony;
• rights of one of the parents to visit the couple’s children.
Our divorce lawyer in Spain can offer assistance on the steps involved in a non-agreed judicial separation.
A Spanish couple can file for judicial separation in the following situations, as prescribed by the Spanish Civil Code, Chapter VII, Article 82:
• abandonment of the family;
• marital infidelity;
• abusive behaviour;
• infringement of the marital obligations;
• sentence to imprisonment for a period longer than six years;
• alcoholism or drug abuse;
• cessation of marital life.
Since the right to legally separate from a partner was approved in Spain, the divorce rate increased at a rapid pace. It is important to know that the country has one of the highest rates of divorce in the European Union (EU). With regards to the statistics on this subject, the following data is available:
According to the data collected by the National Institute of Statistics, in 2006, the highest divorce rate was registered in that year in the case of couples who were married for less than a year. As presented earlier, Spain has one of the highest divorce rates recorded at the level of the EU. For instance, in 2016, Spain occupied the third rank on this matter, after Portugal and Luxembourg. It had a divorce rate of 56 divorces per 100 marriages.
The prenuptial agreement is a written document that stipulates the manner in which the parties will handle a divorce, in the situation in which such an event might occur over the years. It stipulates the way in which the couple’s assets will be divided in this particular situation. A prenuptial agreement is considered a useful legal tool which can prevent many other issues that can derive from a divorce.
It can be drafted taking into account various financial aspects which can also relate to the child’s alimony, in the case the spouses have children. Overall, the document can facilitate the process of getting divorced in Spain, as numerous aspects have already been agreed upon. Our divorce lawyer in Spain can provide legal advice on this matter.
When drafting a prenuptial agreement, it is important to know that the document will be enforced by the Spanish authorities once the divorce procedures are started. However, this may not be the case if the document is not favourable to the couple’s children or to one of the parties.
A prenuptial agreement in Spain follows the rules and regulations imposed by the European Union’s Council Regulation 1259/2010. This refers to the rules of law that can be applied in this case and there are several options, prescribed by the Article 5:
• the rule of the state in which the document was signed;
• the rule of the state in which one of the party (or both) are habitually residents;
• based on regulations applicable in the country where the persons are national citizens.
The contested divorce refers to the fact that only one of the parties has filed a court petition. Usually, this type of divorce may take up to more than one year, as the spouses may not agree on many issues. For more details about the divorce procedures, please contact our law firm. Our divorce lawyers in Spain will offer legal consultancy or legal representation in front of local courts throughout all the stages of a trial.