The Procedure of separation, divorce and annulment of marriage
a) The procedure for marriage annulment, divorce or legal separation initiated by both spouses, acting in common agreement, or by one of the spouses with the other spouse’s consent is faster and simpler than the litigious one.
Along with the claim the parties shall present the governing convention(convenio regulador), which is the contract that both spouses have agreed to establish the following aspects:
- The parent with whom the children shall have to cohabit.
- The way in which the custody of the children has to be exercised.
- The visitation rights of the non-custodial parent.
- The sum that has to be paid for children’s alimony.
- Any compensation allowance or alimony that, if any, shall be made by one of the spouses in favour of the other spouse.
- The attribution of the use of the family dwelling.
- The manner, if any, in which the spouses continue to contribute to family expenses.
The judge’s decision shall determine the separation, divorce or annulment of the spouses and contain the approval of the governing convention.
b) In case of marriage annulment, divorce or judicial separation initiated by just one of the spouses, without the consent of the other, the judicial authority shall resolve directly on the aspects that otherwise should have been established in the governing convention.
The marriage certificate and the birth certificates of the children are always required. The intervention of an Attorney at Court and a Spanish Lawyer is always required.
The sentence determining the marriage annulment, legal separation or divorce will be filed to the Spanish Civil Registry. This sentence can be appealed.
The parties may apply for the modification of the measures established by the sentence, and such modification shall be made by means of a subsequent judicial dictum.
These are only general guidelines and not definitive statements of the law, all questions about the law’s applications to individual cases shall be directed to a Spanish lawyer.