Warning: The information set out below is a general guideline provided by DOMENECH ABOGADOS.
Specific advice should be sought before any action in reliance on it is taken, as explained more
fully in this website's
legal notice.
1.
What’s a “fast-track” or “express” divorce under Spanish law?
It’s a shortened “non-contentious” court procedure that a married couple can use
to get divorced in Spain, as long as they agree to file the court application jointly (or one of
them does that with the other’s consent).
2.
Why is it called “express”
?
Because you don’t need to wait for the court to recognise a previous matrimonial
separation. The only timing requirement is that at least three months have passed since the
date of the marriage.
3.
What grounds can be used to get an “express” divorce in Spain?
There’s no need to state any grounds, so there’s no need to claim there’s been
unreasonable behaviour, adultery, etc. If both spouses want to end their marriage, the
Spanish courts don’t need to know why.
4.
But surely the courts will have to decide about children’s custody and contact
issues and financial matters
?
Of course, but this’ll be done taking into account the written agreement
(convenio regulador in Spanish) filed in court by the couple: this must include their proposed
arrangements for the family home, custody of and contact with under-age children, distribution of
assets and other financial measures (including child maintenance). If such arrangements are
reasonable, the Spanish courts aren’t likely to interfere with or modify them. In any event, when
there are minor children, the Public Prosecutor will have to issue his/her opinion on this
agreement and, if this opinion is favourable, the court is not likely to object.
5.
Can fast-track divorces apply to foreigners in Spain
?
If Spanish law applies to their case (in accordance with article 107 of the
Spanish Civil Code) there will be no problem. But when a foreign law must be applied, then it
will depend on whether this foreign law establishes additional requirements that prevent a
fast-track divorce. For instance, if a foreign law requires that the parties must have been
married for at least one year before being entitled to apply for divorce or if it requires a
previous court resolution of separation, the Spanish court will not be able to override such
requirements.
6.
How long does it take to obtain a fast-track divorce order
?
That depends on the court involved, but generally speaking it should take a few
months.
7.
Do the husband and wife need to appear in court
?
Yes. Under Spanish law, the agreement (convenio) between the parties must
be signed first between themselves and, at a subsequent date, before the Judge. Some Judges
allow this second signature to be given by a representative, but this will require the granting of
a relevant power of attorney before a notary in Spain or before a foreign notary. In this
last case, the document will have to be stamped with the Hague Convention apostille and translated
by an officially approved translator. DOMENECH ABOGADOS is practised at getting these
apostilles and we have officially approved translators.
If you’d like to know if your divorce could be “fast-tracked”, contact Rafael
Domènech at DOMENECH ABOGADOS: it’s great to be “fast” but all divorces must be handled
correctly!