Divorce without presence in court and registry office

Statistics show: over the past few years, the number of couples wishing to divorce has been growing in Russia. This is a global trend, although marriages break up a little less in the United States and other countries.

A few decades later, the situation was different, and 100-150 years ago, the couple lived in a family union until the end of their days.

But over time, people began to relate to the breakup of marital relations much easier, especially if there are reasons for this.

How is a divorce through the registry office

It is possible to make a break in marriage relations in the state registration authority (registry office) only when these relations were registered there in accordance with the current legislation. This means that other types of marriage — civil, church — are not dissolved in the registry office.

The procedure begins with the submission of applications. For this, the spouses need to come together to the registry office and inform the staff of the institution about their intentions.

The application for divorce in the registry office is filed at the place of residence of one of the spouses or state registration of marriage.

A husband whose wife gave birth to a child less than a year ago or is only bearing it is not entitled to file for divorce without her permission. If the spouses have common children, whose age does not exceed 16 years — will have to get divorced through the courts.

Also, the court will have to apply in cases if only one spouse wishes to terminate the relationship, and the other objects or refuses to divorce.

The court will decide on a divorce in a special order on the application of only one party, but this will require extra time and nerves.

divorce without presence in court and registry office

If there are court decisions, registry office workers will begin the process of divorce at the request of only one spouse, and those who do not belong to the above categories.

If the spouse is doing military service, is seriously ill, is seconded (is on a long voyage on a ship), and is not able to submit an application in person, his absence is allowed.

He fills out the application in a special form and notarizes his signature on it. In addition to the application, you need to submit a few more documents.

Employees of the registry office do not find out the reason why the husband and wife decided to divorce, do not insist on maintaining relations, do not contribute to the reconciliation of the parties.

The law provides for the possibility of reconciliation: for this, the wife and husband have exactly one month. Sometimes during this time, the husband and wife reconcile and maintain a marriage relationship.

If their decision remains unchanged, there are no more barriers to finally getting a divorce.

divorce without presence in court and registry office

What you need for a divorce through a registry office?

To begin the process of breaking the marital relationship through the registry office, the personal presence of the wife and husband is necessary. It is also possible to submit an electronic version of the application through a single portal of state and municipal services.

To do this, fill in all the fields and load scans of documents. If the spouses wish to personally submit an application to the registry office, it is necessary to present the documents (their list below), as well as a receipt on the payment of the fee.

If only one party wants to break up the marriage, before applying to the registry office, a court decision is required that the other spouse:

  1. Incapable. A copy of the court decision on the recognition of the second spouse as legally incompetent is attached to the application.
  2. Serves a sentence of more than 3 years. A copy of the court verdict that has entered into force is submitted to the documents.
  3. Missing unknown. A copy of the court decision on recognition of the second spouse as missing is submitted to the documents.

List of documents for divorce

  1. The civil passport of the husband and wife or the passport of one of them and the application of the other with a notarized signature.
  2. A statement in form No. 8 on a divorce with signatures of both parties or a statement with a signature notarized.

  3. A receipt from a financial institution stating that the fee has been paid in full.
  4. A document from the court giving the right to divorce in a special (unilateral) order.

divorce without presence in court and registry office

Payment of state duty 2014 — how much is a divorce

If the parties plan to divorce without a court, in the registry office, they need to pay a fee in the amount of four hundred rubles (for 2014).

If the divorce is made unilaterally, the cost of the fee is two hundred rubles (this amount should be paid only by one side).

If the divorce is to be made through a court, each party must pay a duty of four hundred rubles (a total of eight hundred). In addition, there may be other costs associated with the judicial procedure..

divorce without presence in court and registry office

Divorce Application — Form Form

There are three varieties of applications for divorce — forms No. 8, No. 9 and No. 10. A document in form No. 8 is prepared if the wife and husband do not have common children under the age of sixteen. The left side of the form in the form No. 8 is intended to indicate the data of the husband, and the right — the wife. When issuing form No. 8, it shall be indicated:

  1. Full Name.
  2. Date, month, year of birth.
  3. Place of Birth.
  4. Citizenship.
  5. Nationality upon request.
  6. Information about the place of residence.
  7. Details of the marriage act.
  8. Passport data.
  9. Surnames that ex-wife and husband want to receive.
  10. Date and Signatures of the Parties.

divorce without presence in court and registry office

Form No. 9 is drawn up if only one party files for a divorce, and she has a court decision that the second spouse was sentenced to a term of more than three years, incompetent, and disappeared. A copy of this decision must be attached to the application, otherwise the registry office staff will not accept it for consideration. When filling out the form form No. 9 is indicated:

  1. Surname, name, patronymic of the person who filed for divorce.
  2. Surname, name, patronymic of the person with whom the relationship is terminated.
  3. Data husband and wife in graphs «he» and «it».
  4. Ground for divorce — court decision or sentence of imprisonment.
  5. Information about the document that certifies the identity of the person involved in the application.
  6. Details of the marriage act.
  7. Last name the spouse wants to receive.
  8. Name of the correctional institution / details of the person managing the property of the missing or legally incompetent spouse.
  9. Applicant Date and Signature.

divorce without presence in court and registry office

Form No. 10 is drawn up if the wife and husband have children under the age of sixteen, mutual claims. Before you make a form number 10, you must file a lawsuit.

The court will decide which of the parents the children will live with, how property is shared, maintenance obligations, the procedure for paying funds for the maintenance of the disabled spouse.

You must make a copy of this decision and attach it to the application. When filling out the form in form No. 10, it shall be indicated:

  1. Surname, name, patronymic of the submitter / applicants.
  2. Name of the trial court.
  3. Date of the hearing.
  4. Full Name.
  5. Date, month, year of birth.
  6. Place of Birth.
  7. Citizenship.
  8. Nationality upon request.
  9. Information about the place of residence.
  10. Details of the marriage act.
  11. Passport data.
  12. Surnames that ex-wife and husband want to get after marriage break.
  13. Date and Signatures of the Parties.

divorce without presence in court and registry office

A month should pass from the moment of filling out the application form in the registry office, this term cannot be reduced or increased. For valid reasons, postponement of the date to late dates is allowed.

If people who decide to divorce do not have common minor children and mutual claims, the divorce proceeds as quickly as possible. The process lasts about one month.

Spouses will see each other only for a few minutes — at the time of filing the application and on the day of receipt of the divorce certificate.

If the case will need to be decided through the court, a condition for termination of marital relations will be a court decision.

According to the legislation, the court will not begin consideration of the case before a month from the date of filing the application. This term cannot be shortened.

After a positive decision is made, court employees must send a statement of their decision to the registry office no later than 72 hours.

divorce without presence in court and registry office

Getting a divorce certificate from the registry office

A month after the application is submitted, you must come to the institution and pick up the certificate.

Only the ex-spouses can personally receive a certificate (certificate) on the termination of marriage: they cannot be done through representatives.

Spouses are divorced from the moment a record of this appears in the civil registration book. Further, the former spouses will only have to get their hands on the appropriate certificate of the established form.

Similar articles

Samples of applications for divorce: tips for filling out

Today our attention will be presented tosamples of applications for divorce. These documents are extremely important. Especially for those who decided to divorce their spouse.

Not everyone understands how to properly draft and file a request for divorce. We will deal with these issues further.

If you prepare in advance and thoroughly study the basics of Russian legislation, then there will be no problems with the operation.

divorce without presence in court and registry office

Types of divorce

The first thing you should pay attention to is the situation in the family. From it, in general, will depend on how the sample of the application for divorce looks, and where to apply for a request.

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There are 2 types of divorce:

  • in the presence of underage children;
  • «childless» divorce.

In addition, you need to remember that you can break formal relations:

  • with a section of property;
  • without sharing what was acquired during the marriage.

From the above nuances will depend onthe whole process as a whole. It is worthwhile to understand that divorce is the right. And it can be realized unilaterally. In this case, you have to try, but in the end, get rid of the official relationship will still work.

Without children and property

Where to apply for a divorce? In the REGISTRY OFFICE. It is to this body that requests for dissolution of marriage are submitted. But only if the spouses do not have children, and also the common property. Or if the second is regulated by a marriage contract.

In addition, the registrar will be able to apply only whenprovided that both parties agree to dissolve the marriage. If people just decided to leave, then this option is welcomed. It takes a minimum of time. Also, the application form for divorce, as a rule, is filled in by the registrar. All that will remain for the parties is to check the accuracy of the information and sign on paper.

Children and divorce

Otherwise, you have to act if you want to part with a person who already has children. In particular, if they are minors (or not emancipated).

divorce without presence in court and registry office

Under similar circumstances, ready samples of applications for divorce must be sent to court. Which one?

Divorce cases in the presence of children of children involved in world courts. It will also have to send paper if a division of property is required.

Where to take

Many wonder where to get the divorce application form? There is no unequivocal answer. It all depends on the situation.

Most often, the corresponding paper is printed in the registrars already in a completed form. But the application can be asked in advance. Or download it on the portal «State Service».

Claims of divorce usuallyare written independently. It is allowed to use ready-made templates, which are either downloaded to the computer in advance using the official sites of the courts, or are issued directly to the judicial authority.

Today, there are 3 typical forms of requests for divorce taken by registry offices. Next, we'll look at each of them.

Mutual agreement

Let's start with the simplest — with a divorce, not burdened by children, claims and property. In this case, you can safely go to the registry office, having previously agreed on this with your spouse.

Under similar circumstances, a divorce application is used under Form No. 8. This is the original basis for all other requests of this type.

divorce without presence in court and registry office

Here indicate:

  • FIO husband and wife;
  • citizenship;
  • date of birth;
  • registration;
  • passport data;
  • information from the marriage certificate.

At the end of the request, the date of submission is set andsignatures of both parties. Everything is extremely simple and understandable. The data can be entered either by hand or by computer. It is this form that is often given to spouses in registry offices already in a completed form.

Without agreement

In other cases, citizens must fill out Form No. 9. Samples of applications for divorce are presented to our attention. As you can already see, these forms differ little from each other.

If one of the spouses does not agree to a divorce, thenyou will have to use a different request form.

In it, in addition to the previously listed items, it is necessary to indicate the reason for applying to the registrar. More precisely, the reason for the termination of officially registered relations.

In addition, there is a form number 10. It almost completely coincides with the form number 9.

Claim and divorce

And what if you need to go to court? Then, as practice shows, it is necessary to independently compose a competent sample of the claim for divorce.

In such paper, as a rule, the following data are indicated:

  • Name and surname of the parties;
  • description of the situation in the family;
  • passport data of the parties;
  • common property;
  • availability of children and their living conditions;
  • cause of divorce.

At the very beginning, the data on the court,which is fed paper. Nothing incomprehensible or special. Drawing up a sample application for divorce through a court or through a registry office is not the most difficult task. Direct termination of relations is much more troublesome. Especially if the parties can not agree on the division of property and the order of residence of children.

divorce without presence in court and registry office

Structure

It is worth remembering that all samples of applications fordivorce have almost the same structure. With her help you will be able to create your own paper. But to do so is not recommended. In particular, if a citizen decides to apply to the registry office for the dissolution of official relations.

A sample application for divorce with children (and without them too) includes:

  • «header» (upper right corner, information about the requesting authority is written);
  • name;
  • the main part;
  • appeal (request for divorce);
  • attachment;
  • conclusion.

The structure is simple. As practice shows, the sample application for divorce through the court necessarily includes an application. This is the list of papers attached to the request. At divorce through the REGISTRY OFFICE this item is absent.

Terms of consideration

How quickly cancellation of officially registered relations take place? It is not difficult to guess that the answer directly depends on the situation.

For example, a divorce through a registry office means a monthexpectations. This period is given to ponder over the decision taken. Within a month, an application for divorce can be collected. And, accordingly, to abandon the rupture of relations with the spouse.

divorce without presence in court and registry office

If you have to go to court, then on averagethe operation takes about 3 months. So much is allocated to the reconciliation of the parties. But there are exceptions. Sometimes judicial divorce proceedings are delayed for six months and even more. After all, the operation requires the presence of both husband and wife at the meeting.

Cost

How much does it cost to submit a completed application formon divorce in this or that instance? The amount of the fee varies from time to time. It rises. Therefore, it is recommended to clarify the information immediately before parting with the spouse.

To date, a divorce through a registry office requires 650rubles. This is the simplest option. With unilateral dissolution of marriage, they pay 350 rubles. This is the cost of evidence of the established form for each party.

In the case of the property section, name the exactthe amount of duty is difficult. This indicator depends on the value of what was acquired in the marriage. You will have to give 400 rubles, at the most — 60 thousand rubles.

If you need to apply for a divorce without the division of property, but through the court, the fee will be 1300 rubles. This is a fairly common practice.

Myths and legends

Some argue that now the fee for filingapplications for divorce (without children or with them) is 30,000 rubles. And someone assures that a similar amount will have to be paid for divorce in the coming years. But is it really so?

No. The fact is that such a measure of fighting divorce was discussed, but it was not supported. Therefore, so high fees for the ordinary dissolution of marriage do not take place.

divorce without presence in court and registry office

About documents

Which papers are useful for divorce and for filling in relevant applications? As you might guess, the exact answer directly depends on the circumstances under which the operation takes place.

If you act through the registry office, you will need:

  • passports of the parties;
  • certificates with registration;
  • completed application;
  • Marriage certificate;
  • check of duty payment.

In other situations, they additionally require:

  • birth certificates of children;
  • income statements;
  • certificates of ownership;
  • marriage contract (if any);
  • proof of their position (for example, photos and videos, but not necessarily).

As practice shows, in real life it is difficult to get divorced. Especially in the presence of children. But if you prepare in advance, you can solve all the conflicts that arise as soon as possible.

Advice

Samples of applications for divorce were submittedour attention. It was already possible to notice that no special information was provided in the documents. Minimum information about the parties and about the names that will be assigned after the separation of each of the spouses.

divorce without presence in court and registry office

What advice can be given to citizens to fill in the paper being studied? For example:

  • when divorcing through a registry office it is better to entrust the creation of a document to the employees of the organization;
  • data should be written only in a legible handwriting;
  • if you use the «State Service», it is desirable to fill in the application for divorce on the computer and then print it;
  • carefully enter information from documents — there should be no corrections or blots in the request;
  • write the text in block letters (relevant for people with illegible handwriting).

Perhaps, that's all. The application for a divorce can be obtained and filled by a student. This is not the most difficult task of divorce proceedings!

Where should I apply for divorce and what list of documents is required for registering a divorce through a registry office and a world court? Drawing up a divorce application and possible reasons for refusing to divorce

When everyone knows the famous March of Mendelssohn and newly married couples are handed a marriage certificate, of course, and thoughts do not arise about divorce. Although according to statistics, about 40% of couples experience this period.

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divorce without presence in court and registry office

The main thing in the article

  • What you need to know about the divorce procedure?
  • Divorce unilaterally: when is it possible and where to start?
  • Where to apply for divorce: registry office or court?
  • How to apply for divorce: step-by-step instruction
  • Documents for correct execution of divorce through registrar
  • Procedure for drawing up and submitting a divorce application through registrar
  • Drawing up an application and filing for divorce through court
  • List of documents for divorce through court
  • Can you refuse a divorceand why: reasons for
  • How long does it take to get a divorce?
  • How much does the divorce procedure cost?
  • How to apply for a divorce: advice from lawyers

What you need to know about the procedure for divorce?

Divorce proceedings, according to the current legislation, take place in two ways:

  • Divorce of the marriage by the authority as a separate proceeding — this process occurs at the mutual desire of the spouses, on the basis of a joint written application. At the same time, the interests of the child who will live with one of the parents are taken into account as much as possible.
  • The dissolution of marriage by the body of authority in the order of the lawsuit — the essence of this process is the filing of an application by one of the spouses, that is, when the second does not agree to voluntarily dissolve the marriage union, or avoids the registration of divorce proceedings in the registry office.

divorce without presence in court and registry office

Divorce unilaterally: when is it possible and where to start?

Divorce unilaterally is possible from the very moment when one of the members of the marriage union seeks to continue life without its halves. When you understand that all ways to save a marriage have been exhausted, but there is no result, the question arises: «To be or not to be»?

So, if a decision was made in favor of divorce, and one of the spouses does not consent to this, then the law entitles one of them to petition the court and within the legal framework to solve this problem,.One must be prepared that a one-sided process of divorce entails a delay in considering the claims of the plaintiff, especially if there are young children.

In any situation, first of all, the interests of children are taken into account, and only after that — parents.

However, it's not worth worrying about this, as the divorce process can proceed correctly with a clever approach. The first thing to begin with is the preparation of a claim and its registration in a court of one of the parties.

In the statement it is important to clearly express your thoughts on the reasons for such a decision, as this will determine the decision in favor of the plaintiff in relation to the property dilemma and growing up children.

divorce without presence in court and registry office

Where to apply for divorce: registry office or court?

In order to make the right decision, it is important to understand which of the situations requires an appeal to one or another authority. There are certain conditions that will allow getting divorce through the registry office:

  • the couple agrees to voluntarily terminate their relationship;
  • children over the age of 18;
  • there are no disputes on joint state — property;
  • one of the spouses was declared incompetent by the authority;
  • is officially listed as missing;
  • is imprisoned for more than three years.

If the couple has amicably not agreed on the dissolution of their relationship, and have young children, then they have a direct road to litigation, since the court for the spouses will decide the following question:

  • where children will live — from their father or mother;
  • division of property, jointly acquired in marriage.

The procedure for the dissolution of marriage ties in the Registry Office from the court is different in that for the first option it is not necessary to make an application in advance, it is enough to apply to the registry office at the place of your residence with the documents and fill in all the relevant forms on the spot. divorce without presence in court and registry office

How to file for divorce: step by step instruction

The procedure for divorce is quite an unpleasant situation, which will take away a lot of energy and energy, but the trouble will be twice as much if the couple has children and have property acquired in marriage. Preparation for the divorce process begins with the collection of important information, which in the future will help the judge to properly assess the situation and make a decision in favor of the plaintiff.

Step-by-Step Instructions for Applying to the Court: Collecting Information

  • The first thing to begin with is taking the characteristics of the spouse at his place of work. In particular, this applies to cases where a spouse or a spouse is regularly tracked inappropriate behavior: narcotic, playful or alcoholic addiction.
  • If there was a fact of violence in the family, it is important to collect all the information that was recorded by the law enforcement authorities, as this will speed up the process of divorce.
  • The situation becomes more complicated if there is a joint property, as it is stipulated that it will be divided between the spouses, regardless of who the children will live with. Therefore, additional inquiries are collected for immovable and movable property, after which it is evaluated and transferred to a monetary equivalent, and the judge decides who will get what property.
  • So, as soon as the issue with all documents is resolved, you need to go to a qualified specialist who will help make up the application. It is important to understand here that when registering a claim, you will have to pay a state duty, so a correctly formulated statement is a guarantee that it will not be rejected.

divorce without presence in court and registry office

Documents for correct execution of divorce through registrar

A divorce process is possible only if necessary documents are available, such as:

  • , the presence of a passport from the spouse;
  • court decision, discussed below;
  • the corresponding form for filling out by the registry office;
  • the attached check on payment of the state duty.

The procedure for drawing up and filing a divorce application through the Registry Office

Despite the fact that the procedure for divorce through the registry office is simplified, it still requires certain knowledge in this situation.

If the spouses are divorced by mutual consent, one form is available for completion, and if the application is submitted without the participation of one of the spouses, then another form is used for this.

If there is already a court decision on hands, then a form of a completely different pattern is filled.

Features of filling in forms:

  • Form of the form, when both agree to divorce — indicate personal personal data, information from the marriage certificate, as well as the surnames that the husband and wife will leave to themselves after the divorce. Both spouses sign the form, and then they are handed in for registration.
  • Form of the form when only one of the spouses submits for divorce — this form is valid if the application is submitted by one of the spouses, since the other can not be present for the reasons listed above. The document contains the same information as the form mentioned above, only additional copies of court decisions confirming the situation on which the second half is absent are still attached.
  • Form of the form, when there is a decision on divorce on hands — this application should be registered in the registry office, after which a document proving the dissolution of the marriage union is issued.

So, if all the rules are met when filling out the application, the registrar of the registry office assigns the registration serial number, date and time of divorce.

divorce without presence in court and registry office

Drafting and filing for divorce through court

If a couple connects not only the stamp in the marriage certificate, but also children who have not reached adulthood, then such a couple has a direct way to resolve the issue through the court, even if this is a mutual decision. For the preparation of an application there is no free form of filling, but only a certain form for filling in which it is necessary to indicate the following information:

  • The name of the authority — the court.
  • First name, patronymic and surname of the defendant and the plaintiff.
  • Data of representatives, at least one on each side.
  • The actual residence address of the defendant and the plaintiff, their contact numbers.
  • The date of filling out the application and the signature of the plaintiff.
  • Write in writing the reason for the divorce, while justifying it.

Moscow civil registry office launches take-a-number system / News / Moscow City Web Site

The first civil registry office has introduced a take-a-number system in Moscow. The service is being tested at the Shipilovsky Civil Registry Office in the Southern Administrative Area.

There are no more Office’s rooms designated specifically for one service. Visitors can take a number and get served in any of the rooms.

Available services are marriage application, divorce registration, certificates, birth or death registration.

The ticket terminal is located in the hall on the first floor. Numbers appear on a screen, also in the hall, as an employee becomes available.

  • According to the Moscow Directorate for Registry Offices, the take-a-number system is available for the following services:
  • — birth registration;
  • — adoption registration;
  • — death registration;
  • — paternity registration;
  • — divorce registration;
  • — marriage application;
  • — change of name registration;
  • — issuance of certificates of civil and marital status from the archive;
  • — certificate  (document) correction;
  • — request for certificates from foreign countries.
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The Shipilovsky Civil Registry Office opened on 7 September 2016. The first marriage ceremony took place at the office on 10 September on City Day.

The new office has disabled access, a children’s play area and a baby changing table.

It is the second office registering marriages with foreign nationals from non-CIS states, the first being Marriage Registration Palace No 4 on Butyrskaya Street.

  1. Marriage applications can also be submitted via
  2. — any My Documents centre;
  3. — public services web portal (all necessary papers must be brought on the day of the wedding).
  4. Other services provided by My Documents centres include:
  5. — birth registration;
  6. — paternity registration;
  7. — death registration;
  8. — issuance of copies of civil or marital status registration (only for Russian nationals);
  9. — wedding anniversary celebration.
  10. At the centre, it is also possible to submit a marriage application (only for Russian citizens) and file for divorce (only for Russian citizens, upon mutual consent of the spouses who do not have children under 18).

The Advisor section at mos.ru helps select the most suitable civil registry office or a marriage registration palace.

The Central Registry of Divorce Proceedings

The Registry keeps nation-wide records of divorce applications filed after July 2, 1968. If there is another divorce application involving the same two spouses, the Registry lets the courts know.

To enable the Registry to detect duplicate divorce proceedings, courts must let the Registry know of each divorce application they receive. They do so by completing a registration application.

The new registration application form comes into effect on March 1, 2021 to align with the amendments to the CRDP Regulations.

Once all fields are completed, the registration application must be printed. The Court must verify it to ensure it is complete and accurate, and send it to the Registry within seven (7) days of the filing of the divorce proceeding.

Ensure to verify that all fields of the registration application are complete and accurate prior to clicking the Print form button as this generates the barcode for the registration application. After being printed, information on the registration application form should not be changed. If corrections are required, click the Clear form button and start again.

Finding information about your divorce

The Registry cannot give you detailed information about a divorce or a copy of your divorce certificate. You must contact the court that processed the divorce application to get that information.

If you cannot remember which court processed the application for your divorce, the Registry may be able to give you the address of the court. They may also give you a reference number. You should give this number to court officials to help them find your file.

To contact the Registry:

  • call 613-957-4519; or
  • for the hearing impaired only 1-800-267-7676; or
  • complete a Search Request Form (HTML) (PDF) and send it to the address provided on the form.

If you ask for the information by telephone, please make sure you have the following information at hand when you call:

  • your full name on the day before the day of marriage
  • your formal spouse’s full name on the day before the day of marriage
  • the date of birth for both you and your former spouse
  • the date you married

Finding information about someone else's divorce

  • The Registry may only give you information about someone else's divorce if you need it to enforce a law or if you have the consent of one of the parties.
  • If you qualify for those reasons, you must make your request in writing by filling out a Search Request and Consent Form (HTML) (PDF).
  • The consent portion of the form must be signed, except in specific situations explained on the form.

Report a problem on this page

You will not receive a reply. For enquiries, please contact us.

DIVORCE IN SPAIN

  • If you are not Spanish but you have been living in Spain, you can get divorced in Spain.
  • There are two types of divorce in Spain: mutual divorce and contentious divorce.
  • We explain you how to get divorce in Spain in this blog.

CAN I GET DIVORCE IN SPAIN?

You may get divorced in Spain only if you comply with any of the following requirements:

  • If you and your spouse are Spanish residents at the time of filing for divorce.
  • If you and your spouse are Spanish nationals, in case of divorce by mutual agreement, wherever you are located.
  • If you are the plaintiff and are a Spanish national and living in Spain.
  • If you are the defendant and are a Spanish resident (regardless of your nationality).

Therefore, if you are not Spanish, but you have been resident in Spain for years, you can get divorced in Spain.

WHAT IS A MUTUAL DIVORCE?

The procedure for getting a divorce is quickest when both parties agree to the dissolution of the marriage.

The spouses may divorce by mutual agreement when they have been married for at least three full months. Therefore, it is not necessary for the couple to have been legally separated for any period of time before filing for divorce.

The power to grant a divorce rests with the judge, who also has the authority to approve the governing convention.

WHAT ARE THE FORMALITIES OF A MUTUAL DIVORCE?

A mutual divorce needs:

  • A lawyer and a procurator (legal representative). The same lawyer can act and represent both parties. The lawyer can also mediate or arbitrate in order to solve some issues.
  • Power of Attorney so the procurator and lawyer can act on your behalf.
  • The subscription of a divorce order/claim and a governing convention (“convenio regulador“).
  • Copy of the marriage certificate and the birth certificates of the children.

WHAT IS “CONVENIO REGULADOR”?

The “convenio regulador” is the contract of agreement between spouses covering the following issues:

  • Cohabitation and custody arrangements for any children, including visitation rights of the non-custodial parent.
  • The sum that has to be paid for children’s alimony.
  • Any compensation allowance or alimony that, if any, shall be made by one of the spouses in favor of the other spouse.
  • Use of the family dwelling.
  • The manner, if any, in which the spouses continue to contribute to family expenses.

WHICH ARE THE ADVANTAGES OF A MUTUAL DIVORCE?

The main advantage is that it can be concluded within a few weeks.

WHAT IS A “CONTENTIOUS DIVORCE”?

If the parties fail to agree on the governing convention (“convenio regulador”), the divorce petition can be filed by only one of the parties to the marriage.

The contentious divorce can be filled when spouses have been married for at least three full months. It is not necessary for the couple to have been legally separated for any period of time before filing for divorce.

In certain cases, a party may petition for a divorce without waiting for the three-month period. This would apply when there is a proven danger to the life, physical integrity, liberty, moral integrity or sexual liberty or indemnity of the petitioner.

WHAT ARE THE FORMALITIES OF A “CONTENTIOUS DIVORCE”?

A contentious divorce needs:

  • A lawyer and a procurator (legal representative) for each spouse.
  • Power of Attorney so the procurator and lawyer can act on the spouse´s behalf.
  • Copy of the marriage certificate and the birth certificates of the children.

HOW IS THE PROCESS OF A “CONTENTIOUS DIVORCE”?

  1. The solicitor will submit the divorce order which the measures the spouse wants regarding cohabitation and custody arrangements for any children, including visitation rights of the non-custodial parent, alimony, use of the dwelling, etc.

  2. Once the divorce order is submitted at Court, the Judge will send a copy of the divorce order to the other spouse who will have 20 working days to name a lawyer and procurator and answer the divorce order.

     

  3. The answer can be for and/or against the divorce order and also include new petitions.

If there is not agreement between spouses, the Judge will date a hearing where parties will discuss about the measurements of the divorce.

The Judge will dictate a sentence where he/she will gather the measurements of the divorce.

WHICH ARE THE DISADVANTAGES OF A “CONTENTIOUS DIVORCE”?

A contested divorce can take anywhere from a few months to a more than a year.

A contested divorce can be complex and stressful for both spouses.

CAN I APPEAL A DIVORCE IN SPAIN?

The sentence determining the divorce can be appealed in the next 20 days after the notification of the sentence. If none of the parties appeals, the sentence will be filed to the Spanish Civil Registry (Registro Civil).

CAN I CHANGE A DIVORCE SENTENCE?

The parties may apply for the modification of the measures established by the divorce sentence, and such modification shall be made by means of a subsequent judicial dictum or a new governing convention (convenio regulador).

Warning: The information set out below is a general guideline provided by REUTERS SOLICITORS. Specific advice should be sought before any action in reliance on it is taken, as explained more fully in this website. 

  • REUTERS SOLICITORS team will help you with your DIVORCE in Spain.
  • If you want more information, do not hesitate to contact us.
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