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What is uncontested divorce?

Find out how to divorce by mutual agreement.

Family Law
What is uncontested divorce?

Are you thinking of getting divorced or separating by mutual consent? Would you like to reduce the costs and waiting time of a judicial process? Divorce by mutual agreement or notarial separation is the best alternative today.

Since 2015 there is the possibility of getting divorced or separated by means of a public deed before a Notary, in this way you can reduce the expenses and the waiting time of a judicial process.

For the notarial separation or divorce to take place, the following conditions must be met:

1. Willingness to break the marriage bond through mutually agreed divorce.

2. Three months have passed since the celebration of the marriage.

3. Not have minor or disabled children.

4. Have the consent of the children of legal age or emancipated minors that they have to grant regarding the measures that affect them due to lack of their own income and living together in the family home.

5. Have the advice of a lawyer who is in charge of drafting the Regulatory Agreement, where the personal and economic effects derived from the marital breakdown are indicated.

How long does an uncontested divorce take?

As far as the procedure to follow is concerned, it is quick and simple. After receiving the corresponding legal advice from the lawyer chosen by the spouses, the Regulatory Agreement will be drafted. This document must be recorded in the public deed, the content of which must comply with the legally required requirements for it in art. 90 of the Civil Code.

The regulatory agreement will have the measures that have to regulate the effects of the marital breakdown:

- Attribution of the use of the family home.

- Compensatory pension.

- Contribution to marriage charges and food.

- Liquidation of the matrimonial economic regime or, at least, expression of the intention to postpone its realization to a later moment.

Later, the spouses will appear personally and simultaneously before the Notary of the last common domicile or habitual residence of any of the applicants, accompanied by their lawyer to proceed with the granting of the public deed of separation or divorce by mutual agreement.

In this act, the notary will verify that the regulatory agreement complies with the legal content requirements stipulated in art. 90 of the Civil Code. And it will require the consents that must be granted by children of legal age or emancipated minors regarding those measures adopted that could affect them for not having economic independence and residing in the family home.

Once the public deed of separation or divorce authorized by the notary public has been granted, a copy of it will be sent to the Civil Registry for its corresponding registration.

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Family Law

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