Legal Framework
- Spanish Civil Code (Código Civil)
- Law 15/2015, of 2 July, of Non-contentious Jurisdiction (LJV)
- Law 15/2005 (which marked the end of the ‘causal system’)
- Law of Civil Procedure (LEC)
Competent Authority
- Court (Judicial divorce): First instance court of the place where the marital home is located
- Notary (Extra-judicial divorce) of the area of last common residence or residence of either applicant
- Court Clerk (Letrado de la Administración de Justicia – LAJ) (Extra-judicial divorce)
Access Requirements
- Three months minimum waiting period after marriage celebration (exception: if there is a risk to life, physical integrity, freedom, moral integrity, or sexual freedom of the petitioner spouse or children)
- For extra-judicial divorce (before notary or LAJ):
- Mutual agreement between spouses
- No minor children involved – No adult children needing legal support
- Assisted by a lawyer (spouses can share the same one)
Procedure
- Extra-judicial divorce
- Can be processed by a notary or LAJ
- Requires unanimous agreement on divorce and post-divorce measures
- Notary/LAJ must authorize the divorce if legal requirements are met
- Cannot be challenged if processed by LAJ
- Judicial divorce:
- Public prosecutor must intervene if minor children involved
- Children must be heard if mature enough or 12+ years old
- Judge has discretionary powers to review agreements related to children
- Can be converted to non-contentious proceedings if both spouses agree