Express Divorce in Spain: What It Is, Requirements, and How to Do It

In this article, we explain what express divorce is in Spain, what the requirements are, how long it takes, and how to file it. We also share key legal tips to help make the process safe and free of surprises.

What is express divorce?

Express divorce is a form of mutual agreement divorce, faster and simpler than a contested divorce. It was introduced by Law 15/2005, which eliminated the need to give reasons for divorce.

It allows spouses to end their marriage with fewer formalities, as long as they agree on the terms of the separation.

What if my partner doesn’t want to sign the divorce?

Read our article: My partner doesn’t want to divorce me — what can I do?

Requirements for express divorce

To qualify for this procedure, the following conditions must be met:

1. At least 3 months have passed since the marriage.
2. Both spouses agree to divorce.
3. A regulatory agreement is presented, establishing key aspects such as:

• Child custody (if applicable)
• What types of custody exist in Spain?
• Use of the family home
• Division of property
• How to buy your spouse’s half of the house
• Child or spousal support
• What is child support?

Where is it filed?

There are two options, depending on whether there are minor children:

• No minor children: the divorce can be filed before a notary, with both spouses and their lawyers.
• With minor or dependent children: the case must go through the Family Court, with review by the Public Prosecutor to protect the children’s rights.

How long does it take?

Express divorce is significantly faster than a contested process:

• Notarial route: resolved in 1–2 weeks.
• Judicial (mutual agreement): usually 1–2 months depending on the court.

Is it mandatory to have a lawyer?

Yes. The law requires both spouses to be assisted by a lawyer and a court representative (procurador), although they can be shared if both parties agree.

Having legal advice ensures that the agreement is well drafted and that both parties' rights are protected.

Also interesting:

What is a prenuptial agreement and what is it for?

What happens to the house and mortgage?

One of the most common concerns in a divorce is what happens to the family home and the joint mortgage.

Can I buy a house during a divorce?

Answer: yes — but several legal and financial factors must be considered.

What if we already have a joint home? What happens with the mortgage?

Divorce with joint mortgage: key legal issues

How can we help you?

At Audacia Abogados, we are experts in express divorce. We guide you through the entire process:

• Case evaluation
• Drafting the regulatory agreement
• Notarial or judicial filing
• Full legal representation and personalized advice

Thinking about getting divorced?

Request a consultation with no obligation. We'll explain the best option for your case and help you move forward with legal security.