Depending on the circumstances, interim measures may be taken prior to the start of the divorce proceedings to allow for the regime of ownership, custody of the children, spousal assistance and diet. In Spain, the courts generally grant a guarantee only if one of the spouses is clearly economically disadvantaged by divorce. A typical example would be that a spouse gave up his or her career to care for the children. Alimony premiums vary, but are generally between 15 and 40% of the highest income. The verdict that determines the divorce is registered in the Spanish civil register. This sentence may be appealed. The parties may request the modification of the measures provided for by the sanction and this amendment is made by a subsequent judicial diktat. In order to simplify the divorce procedure, Spain adopted a new law in 2005. Law 15/2005 does not provide for legal grounds to facilitate divorce by mutual agreement.
In Spain, a mutual divorce is called direct divorce. This type of divorce can be requested by both spouses or by one of them, with the consent of the other. In order to obtain a divorce, the following conditions must be met: the parties to the divorce must appeal the services of a Spanish law firm, because the petition they will file in court must be signed by the lawyer. The following supporting documents are attached to the application: Our team of divorce lawyers in Spain can help you if you are considering a divorce application. Contact us for more information on how we can help! The legal environment available in that country imposes two types of judicial separation in Spain: – agreed separation; Unasy separation. The judicial separation agreed in Spain is a process in which both parties have an interest in resolving the separation in a consensual manner. The parties have the right to live separately, but it is important to know that the legal decision can be overturned if the parties can decide. Unasy separation can be applied in Spain if the couple has been married for at least three months, but in the situation where one spouse is threatened by the other spouse in terms of physical integrity, freedom and other similar aspects, Spanish law stipulates that the three-month period is no longer mandatory. This procedure may take time, as the parties must refer to a term regarding various marital aspects, such as ownership.B. – Childcare; Under-assistance; Our divorce lawyer in Spain can offer assistance in the proceedings of an unassified judicial separation.
Divorce in Spain is a relatively simple process, provided that both parties agree on the appropriate rules on children and property. The right to divorce in Spain is not a fault, which means that it is not necessary to give a reason to obtain a divorce.