Two Routes to Divorce
In Spain, there are two legal routes for mutual-agreement divorce: the notarial route and the judicial route. Each has its own requirements and characteristics.
Notarial Divorce
Requirements
- Mutual agreement between both spouses.
- No minor or dependent children.
- At least three months since the marriage.
- A regulatory agreement on the effects of the divorce.
Process
The spouses, assisted by at least one lawyer (included in the Divorcios.express service), sign a public deed of divorce before a notary. The deed is then sent to the Civil Registry for registration.
Characteristics
- No judge involved.
- No court appearance required.
- The process is handled through a notary's office.
Judicial Divorce
Requirements
- Mutual agreement (can also be contested, but we refer here to mutual agreement).
- Required when there are minor or dependent children.
- At least three months since the marriage.
- A regulatory agreement that must be approved by the judge.
Process
The spouses file a joint petition before the family court, accompanied by the regulatory agreement. A judge reviews and approves the agreement. The court ruling is registered at the Civil Registry.
Characteristics
- Mandatory judicial involvement.
- Public Prosecutor participation required when minor children exist.
- Timeframes depend on the court's workload.
Comparison
| Aspect | Notarial | Judicial |
|---|---|---|
| Minor children | Not allowed | Yes |
| Judicial involvement | No | Yes |
| Venue | Notary's office | Court |
| Regulatory agreement | Yes | Yes (court-approved) |
| Lawyer | At least one | At least one |
| Court representative | Not required | Required |
What Does Divorcios.express Offer?
Divorcios.express handles the preparation and processing of mutual-agreement notarial divorce cases in Madrid. This means the notarial route, which is applicable when there are no minor or dependent children and both spouses agree.
If your situation requires the judicial route (for example, because there are minor children), Divorcios.express cannot process your case — you would need a lawyer specialising in family law to handle the judicial proceedings.
Conclusion
Both the notarial and judicial routes allow a mutual-agreement divorce. The notarial route is generally faster and simpler when the requirements are met. Divorcios.express specialises in notarial divorce in Madrid.