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
Statistical analysis
Data have been downloaded from INE Spain database:
https://www.ine.es/dyngs/INEbase/en/categoria.htm?c=Estadistica_P&cid=1254735573002
In particular, the table “Divorces by duration of the procedure, type of divorce, and type of decision” was downloaded, as it provides data on both judicial and extrajudicial divorces.
Sentences refer to marriage dissolution proceedings handled by judges.
Decrees refer to proceedings managed by justice administration lawyers (formerly known as court clerks).
Public Deeds refer to divorces processed by notaries, in accordance with Law 15/2015 of 2 July on Voluntary Jurisdiction.
According to this law, contentious divorces or separations cannot be settled by Decree or public deeds, as these must be handled by a judge.
Figure 6 Judicial and extrajudicial Divorces in Spain, 2015–2022 – Number of divorces per million inhabitants
Note: INE Spain, data retrieved from the website in April 2025.
Figure 7 Shares of non-contentious of judicial and extra-judicial divorces – Spain, 2015-2023, percentage values
Note: INE Spain, data retrieved from the website in April 2025.