Notarial divorce: requirements and necessary documentation to process it
With the entry into force of Law 15/2015, on Voluntary Jurisdiction, the possibility of notarial divorce was introduced, a more effective and faster formula, but which cannot be used in some cases.
The aforementioned law, which recognises divorce before a Notary, responded to the constant demand to adapt judicial procedures to current times. Nowadays, the dissolution of couple relationships is increasingly common. And with the entry into force of this law in 2015, the processes were streamlined, taking into account that 85% of separations and more than 80% of divorces signed in 2019 were by mutual agreement.
In today’s article, as Notaries in Barcelona, we want to explain what mutual agreement divorce by notary is, its requirements, the documentation and how the procedure takes place as a consequence of the regulatory agreement of notarial divorce.
The divorce procedure before a Notary
There are a number of aspects to consider if you intend to dissolve your marriage.
Requirements for notarial divorce
For a Notary to approve a divorce, the following requirements must be met:
- Mutual agreement for the dissolution of the bond.
- At least 3 months must have passed since the marriage was signed.
- Not having minor children who are not emancipated or with disabilities. In the case of having emancipated minor children or adults, they must give their consent to the measures that directly affect them. This is the case, for example, of living together in the home or the financial basis of the divorce.
- The woman must not be pregnant during the process.
If these are met, we can process the divorce before a Notary at a notary's office.
Steps to follow for a notarial divorce
The first thing a couple wishing to divorce must do is choose a trusted Notary within the area where the spouses live or, at least, one of them. Additionally, a family lawyer must be appointed, who will advise the parties at each stage. This professional will be responsible for drafting the regulatory agreement of the notarial divorce. Their job consists of gathering all the documents for the notarial divorce and sending that documentation. In this way, the Notary in divorces will be able to verify that the requirements are met and set a date for the signing of the procedure.
On that day, the spouses will appear in person at the notary's office to process the express notarial divorce, and must express their consent to the agreement. The lawyer must also attend the appointment. Once the signature is affixed, the Notary will be responsible for sending the deed to the Civil Registry.
Afterwards, only two steps would remain. The first, the payment of the tax on property transfers and documented legal acts, if applicable, within a maximum period of 30 working days. The second, the registration of the assets in the name of their new owner. These last two steps for the notarial divorce are often not necessary, especially in Catalonia where almost all marriages have separation of assets.
Documents for notarial divorce
Among the documents required for the notarial divorce, in addition to the ID cards of the spouses and the lawyer, it is necessary to present the family book, marriage certificate, and regulatory agreement.
Advantages of mutual consent divorce before a Notary
Divorce by mutual agreement before a Notary is faster and more economical. It is a legal formula better adapted to current times and needs. Furthermore, it proposes a regulatory agreement that is easier to comply with and generates less family tension.
Which Notaries are competent for a divorce by notary?
In notarial divorce, the Notaries who are located in the town of the couple's last common residence or in the municipality of habitual residence of either member of the separating couple shall have jurisdiction.
What happens in a notarial divorce with adult children?
You can also process a notarial express divorce if you have adult children, but they must also attend the notary's office at the time of signing.
Divorce before a Notary for foreigners
In the event that you are a foreigner and wish to divorce at a notary's office, you should know that whether you are married to a Spaniard or your partner is a foreigner, the requirements will be those stated above. The only relevant issue will be that if your marriage was celebrated outside the country, it must be registered in the Central Registry of Madrid and the documents must be apostilled.
Can a Notary refuse a divorce by notary?
Yes, a Notary can refuse a divorce by notarial deed if they consider that the agreement is detrimental to one of the members of the separating couple.
JLA Notaries, notarial divorce in Barcelona
In short, we advise you to choose a Notary to receive the best advice and information about the requirements for notarial divorce. Contact our notary office in Barcelona: JLA Notarios, on the Diagonal, where we will be happy to advise you if you need to process a divorce before a Notary in Catalonia. You can also write to us at bcn@jlanotarios.com or through the contact form.
