The Process of Divorce

With the entry into force of the Divorce Act 15/2005, of July 8, significant changes were established in the civil process of divorce in Spain. Before July 2005, to divorce in Spain the legal separation of the spouses had previously demanded and spent at least one year from the date of marriage; also they had argued grounds for divorce. From July 2005, the previous separation of the spouses is no longer necessary to file for divorce, just that only three (3) months from the date on which the marriage was contracted and there are no grounds to allege. It is called direct divorce or divorce “express”. You can apply only one of the spouses or both or one with the other’s consent. It is a faster and less cost divorce. This reform was intended to expedite the process of dissolution of civil marriage and easing the workload of the courts. The figure of the separation are maintained, has not disappeared for the couple who wants it.

Another novelty of the 2005 divorce law is shared custody of the children for them to live alternately with both parents as long as the parents agreed to share the custody; the court may grant it after obtaining, in any case, the report of the Prosecutor is not bound. You can also hear the views of children if appropriate or if requested by the prosecutor, the parties or their children. Joint custody if there is family violence is prohibited.

A point of contention is that the court may grant the shared custody but not both spouses have agreed; if only one request, the judge may exceptionally subject of an agreement, taking into account the favorable judgment of the prosecutor and a preliminary study by a team of psychosocial specialists.

Currently judicially divorce can be requested in two ways: either by mutual agreement or contentious manner (if no agreement). I will explain in a very brief and simple way how civil divorce to those who wish to know and understand, without having to be lawyers or specialists in the field.

It is more advisable from every point of view (economic, psychological, etc.) the uncontested divorce, both spouses to the children, because we must not forget that family also have shared many happy moments.

The judicial procedure of divorce by mutual consent is quick and easy. Simply accompany the demand which may be filed by both spouses or one of them with a written consent of the other-regulatory agreement to be ratified before the judge spouses and which shall record the agreements reached regarding the guardianship of the children, the visitation, communication of children with their grandparents, alimony if appropriate, the allocation of use of housing and family trousseau, the contribution to the burdens of marriage and alimony, to liquidate the economic regime of marriage if requested simultaneously, etc. The Settlement Agreement is a contract by mutual agreement signed by the spouses, in which both agreed between both its economic relations as compared to children in cases of separation, divorce or marriage annulment.

The contested divorce is requested by one spouse without the consent of the other, so in this case any regulatory agreement is not accompanied; As initially said, it is not necessary to allege any cause, but it at least three months have elapsed since the marriage. Not necessary that this deadline has passed when it is established that there is a risk to life, physical integrity, freedom, moral integrity or sexual freedom and integrity of the spouse seeking the divorce, the children of both or any of Member of marriage.

The contentious divorce procedure is long, complex and important not only economic but also personal cost for both sides. Depending on the circumstances, it is possible to deal with previous or simultaneous character to the divorce procedure calls provisional measures intended to stabilize the financial situation of the spouses (burdens of marriage) and mainly regarding children (attribution of parental authority of the guardianship and custody, visitation and communication, alimony, use of the home and family trousseau, etc.), while the divorce proceedings until final judgment is developed.

The effects of divorce are several: 1. Divorce dissolves the marriage at the civil status which until then were spouses, who are allowed to marry again modified. 2. It involves the loss of inheritance rights between spouses, the loss of the widow’s pension, as well as direct obligations of marriage: homework help and loyalty, the obligation to pay maintenance to the other, etc.

The divorce does not absolve the obligations of divorced parents to their children as they arise from the parent-child relationship and no relationship to the existence of marriage.

The amount of the claim alimony call for one spouse will be proportional to the assets, the standard of living that has been maintained to the needs of the beneficiary, social or professional status, etc.

The liquidation of the matrimonial property in the contentious divorce may not be made until the court issued divorce decree. However, the judge may set the measures it deems appropriate to protect the Dower heritage, the duration of the divorce proceedings.

Sometimes it happens that a divorce by mutual agreement started to end after being contentious, if the parties do not ratify the regulator before Judge agreement. O, having started as a contentious issue, end up being mutually agreed that in the course of the process both parties agree.

In both cases, whether handled so contentious as mutually agreed, compulsory representation by a lawyer and solicitor. The divorce decree may be appealed.

Once judgment is decreed by the couple divorced and being firm and this judgment, the judge shall order it is registered in the Civil Registry.

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