Divorce without children
Like cases with children, divorce without children can be either contentious or by mutual agreement.
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MUTUAL Agreement
Divorce without children by mutual agreement is used when both spouses have negotiated and agree on various aspects of the divorce.
In the case of a mutual agreement procedure, when there are no children involved, the entire process is simplified and can be carried out either before the court or a Notary.
If processed in court, a joint demand or petition must be submitted by both spouses along with a Regulatory Agreement that outlines the terms of the divorce.
As mentioned, since 2015, divorce without children can also be conducted before a Notary following the next steps:
- The spouses must be assisted by a lawyer who drafts a Regulatory Agreement containing the terms of the divorce.
- Subsequently, they will go to the Notary chosen by the spouses to sign the divorce deed, where the lawyer must also be present.
- Finally, the divorce is registered in the Civil Register.
Adversarial process without children
Divorce without children through a contentious process begins with the filing of a divorce demand and is conducted before a judge when the spouses do not agree on the terms of the divorce. As it is a contentious divorce procedure, each party must be represented by a lawyer and a legal representative (“procurador”). The contentious divorce process without children involves a court hearing and concludes with a court judgment, which will be registered in the Civil Register.
