Separation and divorce
Specialisation in Family Law
We seek optimal reorganisation of family life when it comes to an end.
The breakup of a relationship brings with it the need to reorganise family life, and this involves taking measures concerning the children of both partners and also financial and property measures.
We help you by seeking a global agreement or, when this is not possible, by representing your interests and your children’s interests in court.
In the event of a family crisis, in Spain you can choose between filing for separation or divorce. You do not have to begin separation proceedings in order to file for divorce. In both cases, you can only file once you have been married for at least three months.
The spouses may enter into a separation or divorce agreement which will include financial and property arrangements along with measures concerning the children of both partners. This agreement has to be approved in a judicial decision handed down by a court.
If there are no children of both partners or if the children are of legal age, the divorce can be processed directly before a Notary Public.
Where it is not possible to reach an agreement, the petition for separation or divorce will be filed with the court. These are contested proceedings which begin with the filing of a lawsuit. If the situation so requires, temporary domestic orders may be applied for to deal with an emergency para resolver una situación urgente (e.g. one parent being prevented from seeing the children during the course of the separation or divorce proceedings, etc.).
The contested proceedings end after the hearing with a judicial decision which can be appealed before the Provincial Court.
An agreement may be reached at any stage of contested proceedings. If one is, the proceedings will then be by mutual consent.
Couples married in the Catholic Church can request annulment of the marriage or matrimonial dispensation for a non-consummated marriage. To do this we have professionals authorised to appear before the ecclesiastical courts.
In order to ask for annulment, you will need to prove a series of grounds appraised by the Code of Canon Law.
The procedure for the annulment of a marriage has been speeded up. Now the decision of an Ecclesiastical Tribunal is sufficient and two judicial channels are no longer required.
Once the declaration of annulment has been obtained, it can be subsequently validated by civil proceedings. Under the Concordat between the Holy See and the Spanish Government, these proceedings have full effect and mean you do not have to get a divorce decree from the civil courts.
