Divorce without children
Like divorces involving children, a divorce without children can be handled either by mutual agreement or through court proceedings.
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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.
Legal support for important life decisions
We understand that a separation brings many changes. That is why we are here to guide and support you, helping you make decisions with confidence and legal peace of mind.
Divorcing in Spain when you are not Spanish
Before asking how a divorce works, an international couple has to answer two prior questions: which country’s courts can hear the case, and which country’s law they will apply. They are not the same question, and the answers are often different.
Jurisdiction is governed by Regulation (EU) 2019/1111, Brussels II ter, applicable since 1 August 2022. In broad terms, the Spanish courts have jurisdiction where both spouses are habitually resident in Spain, where the respondent lives in Spain, or where the applicant has resided in Spain for at least a year before filing — six months if the applicant is a Spanish national.
Applicable law is a separate matter, governed by Regulation (EU) 1259/2010, Rome III. This allows the spouses to agree which law will apply to their divorce, within defined limits. In the absence of agreement, the law of their common habitual residence applies. The practical consequence surprises many clients: a Spanish court may perfectly well apply foreign law to your divorce.
Where one spouse is in a country outside these instruments, including the United Kingdom after Brexit, jurisdiction is determined by Spanish domestic rules and by any applicable bilateral treaty.
Divorcing before a notary: who can and who cannot
Where there are no children and both spouses agree, the divorce can be granted before a notary rather than a court. It is faster and generally cheaper, and it is one of the more practical features of Spanish law for couples without children.
Two conditions are frequently overlooked. Three months must have elapsed since the marriage, and each spouse must be assisted by their own lawyer when the deed is executed. The notarial route is also unavailable where there are children of the marriage who are minors or lack capacity.
Documents from abroad
Where the marriage was celebrated outside Spain, or the spouses are foreign nationals, the documentation is the part that usually determines the timescale. Foreign marriage and birth certificates generally require the Hague Apostille and a sworn translation into Spanish. Certificates issued within the European Union may benefit from Regulation (EU) 2016/1191, which removes the apostille requirement for certain public documents and provides multilingual standard forms.
Where assets or the marriage itself are connected with more than one country, see our page on international divorce.