Separations and Divorce at the Notary

The main characteristic of divorce before a Notary is that it occurs, unlike separation, to dissolve the marital bond that unites the individuals, and therefore also entails the termination of their matrimonial regime. In the event of a subsequent reconciliation of the couple, they must enter into a new marriage, as the bond has been extinguished, unlike separation.

As Notaries in divorces in Barcelona, we need to emphasise that this procedure must always take place between spouses who mutually agree to it and do not have minor children or dependent children in their care.

The separation before a Notary occurs when a couple's cohabitation breaks down, but without the dissolution of the marriage, and it is accompanied by the termination of the economic regime. It usually happens when a couple does not currently want a total break of the marital bond or as a preliminary step to divorce, but in any case, if a notarial separation is processed, in the event of reconciliation it will not be necessary to remarry, since the marital bond remains, but they must grant a deed of reconciliation.

Thus, in the case of reconciliation, the separation before a Notary will cease to have effect, whereas in a divorce before a Notary they will have to remarry, so it is an ideal procedure for couples who want to give themselves time or who are not completely sure about their future.

It is important to know that separation also functions as a determinant in the management of each separated person's assets, since the economic regime agreed upon by the spouses, whether community property or separation of assets, is terminated.

Certain requirements for notarial divorce or separation must be met to process either one. We explain them below:

• There must be the consent of both parties for the dissolution of said union. Conversely, if it is not by mutual agreement, it should be governed by a contentious divorce.
• A minimum of 3 months must have passed since the marriage: except in cases where there is proof of risk to the life, physical or moral integrity, freedom, and sexual indemnity of the spouse filing for divorce or if there is risk to the children.
• The woman must not be pregnant.
• There must be no minor or incapacitated children. If they are adults and economically dependent on them, they must give their consent to the measures established. In the case of having minor children, the divorce or mutual agreement separation with children must be processed before the judicial authority.
• They must be assisted and accompanied by a practising lawyer.
• Additionally, for the express divorce or notarial separation, it will be necessary that one of the spouses resides in Spain and this must be proven with the corresponding certificate of registration.

The facilities for those who meet these requirements make the procedure a quick and easy process that has been called express divorce at the notary.

The first step is to contact us and request an appointment. We will inform you of the documents to be gathered. If you and your ex-partner have opted for a separation or divorce by mutual agreement before a Notary, you should know that you will obtain a quick process for its management, unlike one through judicial means. Additionally, you will have the advice of a Notary, a legal and professional figure in Law who will advise you at all times and who will authorise that the document you are going to sign meets all legal requirements.

For this procedure, you will also need a lawyer who will draft and send to the Notary a regulatory agreement in which the measures adopted that influence the future agreement are established, and which we will discuss later. Once it has been verified that the regulatory agreement meets the notary's requirements, a date will be set for the signing of the divorce or notarial separation.

Likewise, the Notary will warn of possible agreements detrimental to the parties involved or that have consequences for their children if this is found to be the case. If this happens, it will result in the disallowance of the deed.

On the appointed day, both members of the ex-couple must appear together with their lawyer. During the procedure, they must show their consent after the reading of the deed and sign it. There will be no sentence as such but a public deed of divorce or separation which will have the same effects.

The deed will be sent electronically to the Civil Registry on the same day or the next working day after its signing and will be registered in this Registry.

The consequences of these two procedures involve:

• Termination of the marital bond in the case of divorce.
• Suspension of cohabitation and the possibility for spouses to live separately without this implying abandonment of the family home.
• Automatic revocation of powers granted between the parties involved.
• The possibility of revoking donations when they are due to marriage.
• Loss of inheritance rights.
• The end of the matrimonial economic regime.
• The presumption of paternity is eliminated for children born after the dissolution, 300 days following the granting of the deed.

To process a notarial mutual consent divorce or a separation you must submit:

• The proposed regulatory agreement which must be signed by the couple.
• ID cards of the spouses and the lawyers representing them along with their professional licence.
• ID cards of the adult or emancipated children.
• Birth certificate of the children or family book and proof of emancipation document.
• Marriage certificate.
• Certificate of registration proving the competence of the Notary which must be issued by the Town Hall of the locality.
• Additionally, the agreement must be signed by a lawyer.

For those marriages with a community property regime, it should be taken into account that the deed must be settled as exempt from ITPAJD.

Separation of property regimes are not subject to the Property Transfer Tax in allocations, as nothing needs to be divided. However, if there are exchanges of assets or excess allocations, they must be taxed accordingly. Likewise, allocations will not be subject to the Tax on the Increase in Value of Urban Land.

Furthermore, in the event that pension agreements have been reached, for the spouse receiving them they will be considered as employment income, while the one paying them may deduct them from the taxable base. Child support payments will be exempt from taxation for those receiving them, while for the payer they will receive favourable tax treatment.

For a separation or divorce before a Notary, only the Notary of the locality of your last common residence or that of the habitual residence of the persons wishing to divorce will have jurisdiction. If you need an express divorce procedure in Barcelona, our team of Notaries and professionals is highly recommended by many clients on Google.

It is necessary to have a certificate of registration, as previously stated, to guarantee the territorial jurisdiction of the Notary.

These procedures before a Notary are more economical than choosing the judicial option. The price of notarial acts is regulated by the Government and complies with the regulatory framework of the notarial fee schedule (RD 1426/1989, of 17 November, regulating the Notaries' Fee Schedule).

Despite the regulatory framework, the exact price of any notarial document cannot be calculated precisely without knowing its specific content, that is, until it is signed, as there are many factors that can cause it to vary.

If you need to receive a detailed quote, we invite you to contact us directly through the method that is most convenient for you. You can do so via the contact form on the main page of this website, through the contact section found in the footer of the website, using the direct WhatsApp access at the bottom right of this page, by sending an email to bcn@jlanotarios.com or by calling us on 93 159 17 62.

As a guideline, we can inform you that according to the current regulatory framework, the usual price for formalising a divorce before a notary is between €220 and €400, including VAT and state stamped paper.

This indicative price is calculated for separation regimes, with a document of 15 pages and the issuance of three authorised copies and two simple copies.