A divorce by mutual agreement for European residents.
Whilst getting a divorce is a very hard choice to make and we never thought we would be here one day, did you know if the following points apply to you, it can be very straightforward and quick, even if you got married outside of Spain?
- You are both European Nationals. Please note that this does not mean you need to hold the same nationality.
- You are both residents in Spain.
- You are childless or the children had in marriage are of legal age.
- You agree to begin divorce proceedings by mutual consent before a notary public and have reached an agreement for the distribution of your assets.
If this is you, then for an international divorce in Spain, as one of the requirements is to be a “permanent resident”, we will start by proving a formal legal residence, such as the fiscal residence or the municipal register. In other words: We must prove that Spain is the place to which the “centre of social interest” of your marriage gravitates, and therefore is your common habitual residence.
A Spanish notary adopts international jurisdiction to know the fundaments of this divorce by mutual agreement between European nationals.
In regards to the law applicable, it is established, “… In the absence of a choice as set out in article 5, divorce and legal separation shall be subject to the law of the State: a) in which the spouses have their main residence at that time.
The consignment of the deed of the statement by which you, the spouses, declare your desire to divorce, is followed by the signing of the divorce deed. The time at which the divorce takes full effect. There will be no subsequent act of ratification.
General Conclusions
- The Spanish Notary Public is considered to be a “judicial body”, and hence has the international competence to understand proceedings concerning divorce by common intra-EU agreement.
- Freedom of will is accepted in regards to the choice of law applicable to the divorce and legal separation. In the absence of a choice as set out in article 5, divorce and legal separation shall be subject to the law of the State: a) in which the spouses have their main residence, in this case, the Spanish law.
- As of the Reform of the Civil Code from 21 April 2015, the foreign judgements of Europeans divorcing abroad, will be recognised as long as there are no children or dependents under the legal age.
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