Divorce Law
Couples who are not in good terms with each other, if it comes to an irreparable situation, maybe a divorce will be beneficial for both parties.
Foreign people can get a divorce in Spain .
According to Article 107 of the Spanish Civil Code and the relevant EU regulations, foreigners residing in Spain, regardless of where they got married, can apply to the Spanish courts for a divorce. In other words, both Chinese and other foreigners can obtain a divorce in Spain. Furthermore, the divorce procedure does not depend on where the marriage was contracted. That is to say, it is possible to apply for a divorce through the Spanish courts regardless of whether the marriage was registered in a foreign country or in Spain. All rights reserved . Reproduction by individuals or organizations is prohibited.
Note: Divorces in Spain should be filed in a civil court, not in a civil registry office (registro civil). All rights reserved .
The two types of divorce in Spain .
Divorce in Spain can be obtained without giving any reason and can be initiated unilaterally, without the consent of the other party and without prior separation. In other words, there is no need to give any reason for a divorce in Spain and no prior separation is required. There are two types of divorce under Spanish law, the first being divorce by mutual consent and the other being divorce by litigation.
Divorce by consent means that both spouses agree to dissolve the marriage. A divorce by mutual consent is uncontested and both spouses agree on the division of property and the custody of children after the divorce. Divorce by mutual consent saves time and is simpler than divorce by litigation. If both spouses agree. Only need to submit to the local civil court registration application and a valid divorce agreement.
The divorce agreement is a document signed voluntarily by both parties , stating that they voluntarily agree to the divorce, as well as agreeing on the distribution of property and the custody of the children. Additionally, child support and alimony for the other party will also need to be included in the divorce settlement. The entire process of divorce settlement takes about a few months, as little as 2 months or as much as 6 months.
If it is said that the spouses can’t reach a divorce settlement, then the only option is to litigate the divorce. Litigated divorce means that the spouses cannot reach a consensus on whether to divorce, the distribution of property after the divorce, child custody and other issues, so the court will be asked to decide. The steps of litigated divorce are relatively complicated and time-consuming. All the disputed issues between the two parties will be discussed in the court, and the court will make the appropriate judgment according to the rationale of both parties.
Regarding litigated divorce, whether the other party wants it or not, the parties only need to ask the court and the judge will basically award the divorce. This is because the law states that the court cannot grant a divorce unless there are special circumstances.
Divorce in Spain can be validated in your country
A divorce in Spain can be validated in a foreign country based on international treaties via procedure of recognition.
