Warning: The information set out below is a general guideline provided by DOMENECH ABOGADOS.
Specific advice should be sought before any action in reliance on it is taken, as explained more
fully in this website's
legal notice.
1.
What’s a “fast-track” or “express” divorce under Spanish law?
It’s a shortened “non-contentious” court procedure that a married couple can use
to get divorced in Spain, as long as they agree to file the court application jointly (or one of
them does that with the other’s consent). If there are no minor children involved and Spanish law is applicable, the parties can even choose to avoid the courts and appear in front of a public notary, duly assisted by lawyers.
2.
Why is it called “express”
?
Because you don’t need to wait for the court to recognise a previous matrimonial
separation, and there will be no court hearing (trial) involved or witnesses called. The only timing requirement is that at least three months have passed since the
date of the marriage -and, of course, that the Spanish courts have jurisdiction (so the right) to hear your divorce.
3.
What grounds can be used to get an “express” divorce in Spain?
There’s no need to state any grounds, so there’s no need to claim there’s been
unreasonable behaviour, adultery, etc. If both spouses want to end their marriage, the
Spanish courts don’t need to know why.
4.
But surely the courts will have to decide about children’s custody and contact
issues and financial matters
?
Of course, but this’ll be done taking into account the written agreement
("convenio regulador" in Spanish) filed in court by the couple: this must include their proposed
arrangements for the family home, custody of and contact with under-age children, distribution of
assets and other financial measures (including child maintenance). If such arrangements are
reasonable, the Spanish courts aren’t likely to interfere with or modify them. In any event, when
there are minor children, the Public Prosecutor will have to issue his/her opinion on this
agreement and, if this opinion is favourable, the court is not likely to raise objections to the arrangements.
5.
Can fast-track divorces apply to foreigners in Spain
?
If Spanish law applies to their case, there should be no problem. But when a foreign law must be applied, then it
will depend on whether this foreign law establishes additional requirements that prevent a
fast-track divorce. For instance, if a foreign law requires that the parties must have been
married for at least one year before being entitled to apply for divorce or if it requires a
previous court resolution of separation, the Spanish court will not be able to override such
requirements.
6.
How long does it take to obtain a fast-track divorce order
?
That depends on the court involved, but generally speaking it should take a few
months.
7.
Do the husband and wife need to appear in court
?
The agreement ("convenio", in Spanish) must first
be signed by the couple and, at a subsequent date, before the Judge. Some Judges
allow this second signature to be given by a representative, but this will require the granting of
a power of attorney before a notary in Spain or before a foreign notary. In this
last case, the document will have to be stamped with the Hague Convention apostille (or, if it is signed in certain countries, such as Canada, otherwise authenticated) and translated
by an officially approved translator. DOMENECH ABOGADOS is practised at getting such
apostilles/authentication and we have our own officially approved translators in-house.
If you’d like to know if your divorce could be “fast-tracked”, contact Rafael
Domènech at DOMENECH ABOGADOS: it’s great to be “fast” but all divorces must be handled
correctly!