DIVORCE IN SPAIN

In 1981, the first divorce law went into effect and it is now possible to obtain a divorce in Spain on various grounds. The law has since been amended and modernised several times. The latest version, enacted in 2005, has made divorce by mutual consent speedier and easier.

Even foreigners who have been married in other countries can, if they are now residents in Spain, obtain a divorce here which will be recognised in their home country. In fact, only one of the parties needs to be resident.

If a man’s wife leaves him and returns to her home in Belgium, say, he can, after a time, petition in Spain for a divorce. The couple must have been married for one full year before a petition for divorce will be heard, which seems reasonable enough.

The simplest sort of procedure is for the couple to request by mutual consent, one of the pair to request with the formal consent of the other, a legal separation. The separation document must be formalised before a Spanish Notary Public. The couple will need a lawyer.

Under the 2005 revised law, procedures can be completed within 3 months.

At the time of requesting this legal separation, the couple will be required to settle their financial arrangements about who gets what share of their property, any child support or maintenance payments, visiting rights of children, etc. At the end of the separation, there is a brief hearing, and if nothing has changed, the final divorce will be processed.

The 2005 revised law also offers the easiest and quickest divorce of all. The couple, by mutual consent, can settle their arrangements and proceed immediately to a full divorce with no period of legal separation required.

In addition to this « no-fault » sort of procedure, the standard grounds for divorce familiar to most Europeans also apply. They include adultery, desertion, cruelty, alcohol or drug addiction and mental problems.

You will want to consult a Spanish Lawyer when seeking divorce on these grounds. If your income is modest, you may be entitled to free legal assistance, which you can find out by inquiring at your law society located in your area.