The express divorce by mutual consent is the cheapest and quickest way to divorce. No judge is needed and everything is settled before a notary or a lawyer of the Justice Administration.
From our experience we can assure you that a divorce by mutual agreement through the courts usually takes at least one year, provided that there are no complications. An express divorce, on the other hand, is resolved within one to three months. In all these cases, it is necessary for the spouses to be advised by a good divorce lawyer.
Conditions for an express divorce
Not all couples who wish to divorce can do so through an express divorce. The following requirements are necessary:
1. Three months of marriage
To qualify for an express divorce, your marriage must be at least three months old.
2. Residence
At least one of you must be resident in Spain.
3. Couples without minor children or children of legal age dependent on their parents
If there are dependent minor or adult children, you cannot take advantage of the express divorce procedure. When there are minors, the Public Prosecutor's Office must intervene to protect their rights.
4. Consent of adult children or emancipated minors
If you and your spouse have children of legal age or emancipated minors, you and your spouse must give your consent to the measures in the agreement that affect them. This requirement applies to children who reside in the family home and have no income of their own and is described in Article 82 of the Civil Code.
5. Agreement of the spouses
An express divorce is a type of divorce by mutual consent. Therefore, the basis is that you both agree to divorce by mutual consent.
6. The settlement agreement
It must contain all aspects related to the life and economy of the ex-partner.
The regulatory agreement can be modified if the circumstances of the couple vary. Article 90.3 of the Civil Code states that the measures agreed before the lawyer or before the notary may be modified by a new agreement.
Can an express divorce be done if the woman is pregnant?
Is it possible to do an express divorce if the wife is pregnant?
If your wife is pregnant, you cannot get divorced through an express divorce before a notary. In this situation, the judge must intervene to decree the conditions and measures concerning the unborn child. In other words, you will have to resort to contentious-administrative proceedings, even if it is a divorce by mutual consent.
Article 29 of the Civil Code states that "... the conceived child is considered to be born for all the effects that are favourable to it...". This legal precept is the basis for the impossibility of an express divorce for the pregnant woman. In the eyes of the law, it is as if the couple already had a minor child, and, as we explained before, if there are minor children, an express divorce cannot be used.
If you wish to divorce your spouse using the uncontested divorce procedure, please contact us.
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