How to Get Divorced Before a Notary: Step-by-Step Guide

The fundamental novelty , is the possibility of requesting separation or divorce by mutual agreement before the Lawyer of the Administration of Justice or before a Notary , functions that until now corresponded to the judge.

In this article we are going to refer to divorce before a notary , although the requirements are the same as the processing of divorce by mutual agreement before the Attorney of the Administration of Justice.

We insist , this form of express divorce is only possible as long as it is a divorce by mutual agreement and the requirements that we will see below are met.

Requirements for express divorce before a notary

The necessary requirements for spouses to be able to dissolve their marriage before a Notary are the following

  • That at least three months have passed since the celebration of the marriage .
  • That there is mutual agreement of the spouses for the dissolution of the marriage.
  • The deed must contain the unequivocal will of the spouses to divorce and will determine the measures that must regulate the effects derived from the divorce .
  • That there are no non-emancipated minor children or those with judicially modified capacity who depend on the parents. Otherwise, the knowledge and processing of the divorce procedure, even when it is mutually agreed between the spouses, is reserved to the judicial body.
  • If there are older children or emancipated minors, they must give their consent before the Notary regarding the measures that affect them because they lack their own income and live in the family home.
  • The spouses must appear personally before a Notary, their representation is not possible.
  • The assistance of a Lawyer will be necessary , who will advise the couple and also sign the divorce deed.
  • The Notary of the last common domicile or that of the domicile or habitual residence of any of the applicants will be competent. Within the town you can choose the Notary you want.
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Documentation to present to divorce before a notary

  1. National Identity Document of the spouses and children of legal age or emancipated minors who must appear before a Notary, as stated above.
  2. Family book to prove that the spouses do not have minor children.
  3. Marriage registration certificate in the Family Registry.
  4. Birth certificate of adult children, if any, and marriage certificate, if married.
  5. Spouse registration certificate .
  6. DNI and documentation accrediting the lawyer as a practicing member.
  7. Regulatory agreement previously agreed upon and drafted by the hired lawyer.

Content of the regulatory agreement

The regulatory agreement must contain the agreements reached that regulate the effects derived from the marriage, such as:

  • The attribution of the use of the home and family trousseau.
  • The contribution to the expenses of the marriage (common expenses), as well as its updating bases and guarantees if applicable.
  • The liquidation of the economic regime of the marriage , when applicable.
  • Compensatory pension in favor of the spouse whose economic situation worsens as a result of the divorce, when applicable.

Notarial control of spouses’ agreements

In the event that the Notary considers that, in his opinion, some of the agreements reached by the spouses may be harmful or seriously detrimental to one of them or to the children of legal age or emancipated minors, he will issue the corresponding warning and declare finished the file.

In this case, the spouses may only go before the Judge for approval of the proposed regulatory agreement

Procedures to be carried out once the divorce deed is signed

1. Registration of the divorce in the Civil Registry

The authorizing Notary must send the divorce deed by electronic means on the same day or the next business day to the General Civil Registry Office, which will immediately carry out the corresponding registration.

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2. Liquidation of the ITPAJD

The regulatory agreement is a document subject (or exempt if the distribution of assets is equal) to the Tax on Property Transfers and Documented Legal Acts and must be settled within 30 business days from the granting of the divorce deed.

3. Registration of the allocation of assets in the Registry

The assets attributed to each of the spouses will be registered in their name in the corresponding Property Registry or Registry in question according to the nature of the assets awarded.

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