Please read carefully as this does not mean that you can necessarily enter a Notary and obtain a divorce without a solicitor being involved. However, this is a very positive new law.
To explain, there has been a very recent development this year, after The Law of Voluntary Jurisdiction 15/2015 of 2nd July came into force on 23rd July 2015. From this year Notaries in Spain are able to arrange marriages and grant divorces in cases whereby it is amicable and also that there are no mutual children.
The new law is called “Voluntary jurisdiction”, as now some aspects which previously had to go before a Court can be resolved voluntarily before a Notary, with both parties attending. This also includes marriage. For a Notary to be able to rule on a divorce there has to be complete agreement between the two parties, prepared in a deed. If this is not the case then it will be necessary for a lawyer to put in a proceeding to Court. Equally, if there are children or other issues that complicate matters. Why? This new law was to relieve some of the administrative burdens on Spanish Courts and it is a welcome relief to those who are aware how slowly some over worked Courts can be with regard to these matters. Many people have waited over a year in the past to obtain a simple divorce and now can obtain a quicker and easier divorce when no children are involved.
Requirements
When divorcing, one or both of the applicants must live in the area of the last usual residence of either one of them and they must be assisted with preparing the deed of the agreement by a practising lawyer as it has to follow certain requirements meeting the provisions of the civil code. Do not forget if it is not amicable or there are children the divorce cannot be done in the Notary.
A little while back a lady approached us. She wanted a Spanish divorce as they both live in Spain, it was amicable and there were no mutual children.
We advised her that generally, we need:
1.- Title deeds
2.- SUMA/IBI
3.- Padron (both would be perfect, otherwise just one of them)
4.- Original marriage certificate apostilled if not Spanish
5.- Information about any assets of both of them and how they will be split
6.- Passports and NIE
7.- Power of attorney if required
So if a friend of yours thinks divorce in Spain is going to be expensive and no children are involved, and it is amicable, they can now get this processed much quicker through a Notary and solicitor, rather than going to Court.
I hope this reassures some people who read this.