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Separation & Divorce

Separation & Divorce

The divorce or separation may be processed in Spain by mutual agreement or through a lawsuit in the Courts in the city of the couple’s last registered address. The divorce may be processed by mutual agreement or through a lawsuit filed by only one of the spouses.

In order to be able to process it, the only documents required are the marriage certificate and the birth certificates of the children, if any. You will also have to prove that you are living or have been living in Spain before you separated.

1. If it is a divorce by mutual agreement the spouses should sign a settlement agreement in which they agree who will get the custody of the children, who will keep the property, if there will be any alimony for the children, compensations, and the liquidation of the matrimonial property regime.  

Apart from this Settlement Agreement you will have to present the marriage certificate and the birth certificate of the children, if any. Approximately one month after the divorce claim has been accepted by the judge, the judge will call the spouses to ratify the Settlement Agreement that has been presented and then the judgment for the divorce will be given immediately.

2. If the spouse have not been able to reach an agreement, we will have to file a lawsuit proposing who will get the custody of the children, who will keep the property, if there will be any alimony for the children, compensations, and the liquidation of the matrimonial property regime.

Once the lawsuit has been accepted and served on the other party, the other party will have twenty working days to answer the lawsuit and then the judge will set a date for the trial in which both spouses will have to be present.

We specialise in this area and can help you solve any problem.

contact us or come to our Alicante or Fortuna offices.

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