Knowledge base on notarial divorce

Everything you need to know about mutual-agreement divorce before a notary in Madrid, organised by category. Divorcios.express processes your case in under 24 business hours.

Notarial Divorce

Notarial divorce is a legal route introduced by Spain's Voluntary Jurisdiction Act of 2015 that allows couples in mutual agreement to dissolve their marriage without judicial intervention.

The spouses sign a public deed of divorce before a notary, which incorporates the regulatory agreement with the terms they have agreed upon. This deed is then registered at the Civil Registry.

To use this route:

There must be mutual agreement.
There must be no minor or dependent children.
At least three months must have passed since the marriage.

Divorcios.express fully manages notarial divorce in Madrid and processes the case within 24–48 business hours once all required data and documents have been correctly received. This timeframe refers to the processing by Divorcios.express and does not include notary or Civil Registry times.

→ More information: Requirements · Blog

Mutual-Agreement Divorce

Mutual-agreement divorce is one in which both spouses agree to the dissolution of the marriage and reach an agreement on its effects (housing, assets, pensions, etc.).

It can be processed through two routes:

Before a notary: when there are no minor children or children with disabilities in care.
Judicial: when there are minor children or children with disabilities, or when the spouses prefer this route.

Divorcios.express specialises in processing mutual-agreement divorce before a notary in Madrid.

→ See also: Notarial vs Judicial Divorce

Express Divorce

Express divorce is the colloquial term for a mutual-agreement divorce processed quickly, without the need for prior separation and with a simplified procedure.

Through the notarial route, express divorce allows spouses to divorce by signing a public deed before a notary, without appearing before a judge.

Divorcios.express processes the express divorce case before a notary in Madrid within 24–48 business hours, once all required data and documents have been correctly received. This timeframe refers exclusively to the processing by Divorcios.express. The notary signing depends on the notary's availability, and the Civil Registry registration depends on the relevant registry's timeframes.

→ Complete guide: Blog

Requirements for Notarial Divorce

To process a divorce before a notary in Madrid, the following requirements must be met:

Mutual agreement: both spouses must agree to divorce.
No minor or dependent children: no children under 18 or adults with disabilities in the spouses' care.
Three months of marriage: at least three months must have passed since the marriage.
Regulatory agreement: the spouses must have reached an agreement on the effects of the divorce.

If the marriage has minor children or children with disabilities in their care, the notarial route is not available and the judicial route must be used.

Initial Documentation Required

The standard initial documentation requested by Divorcios.express is:

ID card or NIE of spouse 1 (valid and in force).
ID card or NIE of spouse 2 (valid and in force).
Registration certificate (certificado de empadronamiento) from either spouse proving residence in the city of Madrid.
Family book (libro de familia).

This documentation is sufficient to begin processing the case in most situations.

Phases of Notarial Divorce with Divorcios.express

The notarial divorce process with Divorcios.express is divided into the following phases:

Hiring and payment of the service.
Data entry in the client portal.
Document submission through the portal.
Review by the Divorcios.express team.
Case preparation within 24–48 business hours (when everything is correct).
Notary coordination to arrange the signing.
Signing the public deed before the notary.
Submission to the Civil Registry and registration.
Delivery of final documentation and case closure.

Divorcios.express Service Price

The price of the express divorce service before a notary in Madrid with Divorcios.express is €360 (VAT included).

This price covers the Divorcios.express fees and includes full case management: drafting the regulatory agreement, preparing the deed, notary management, submission to the Civil Registry, and delivery of final documentation.

Notary fees not included: the notary's fees are approximately €200, paid directly at the notary's office on the signing day.

Civil Registry: free of charge.

Instalment payments: Divorcios.express fees can be paid in 2, 3, or 6 monthly instalments.

Divorcios.express processes your case within 24 business hours, once all required data and documentation have been correctly received.

Divorce Registration at the Civil Registry

After signing the public deed of divorce before the notary, it must be registered at the relevant Civil Registry. Registration is necessary for the divorce to be officially recorded.

Divorcios.express manages the submission of the deed to the Civil Registry as part of its service.

The registration time depends on the Civil Registry and its workload. This time is not part of the 24–48 hour processing timeframe of Divorcios.express.

Who Can Divorce before a Notary?

Couples who can divorce before a notary are those who:

Are in mutual agreement about divorcing.
Have no minor children or adult children with disabilities in their care.
Have been married for at least three months.

The spouses' nationality and the matrimonial property regime (community property, separate property, etc.) are not relevant, provided the above requirements are met.

Additional Documentation: When It May Be Requested

After reviewing the case, Divorcios.express may request additional documentation if the circumstances require it. This may include birth certificates, marriage certificates, or other documents.

These documents are not automatically requested as part of the initial documentation. They are only requested when necessary for the specific case, and the Divorcios.express team will tell you exactly what is needed and why.

The Client Portal

Once the service has been hired and payment confirmed, you access your client portal on Divorcios.express. From the portal you can:

See the current status of your case at any time.
Enter the required data for both spouses.
Upload documentation securely.
Read messages from the Divorcios.express team.
Access your documentation generated during the process.

Processing Time: What 24–48 Hours Means

When we say that Divorcios.express processes the case within 24–48 business hours, we mean:

Once all required data and documents have been correctly received, Divorcios.express prepares and processes the case within that timeframe.

This timeframe does not include:

The notary signing time (depends on the notary's availability).
The Civil Registry registration time (depends on the Civil Registry).

The 24–48 hour timeframe applies provided there are no issues requiring correction or additional review.

Final Documentation after Registration

Once the divorce has been registered at the Civil Registry, Divorcios.express delivers the final documentation:

Copy of the public deed of divorce.
Confirmation of registration at the Civil Registry.

With registration complete, your case is closed and finalised. You can access your documentation from the client portal at any time.

The Regulatory Agreement: What It Is and What It Must Include

The regulatory agreement (convenio regulador) is the document in which the spouses set out the agreements on the effects of their divorce. It must include, at a minimum:

Agreement on the family home (use, allocation).
Agreement on the liquidation of the matrimonial property regime, where applicable.
Compensatory pension, if any.

Divorcios.express drafts the regulatory agreement based on the information provided by the spouses through the client portal.

How to Obtain the Registration Certificate

The registration certificate (certificado de empadronamiento) proves a citizen's address. For a notarial divorce in Madrid, at least one of the spouses must be registered (empadronado) in the city of Madrid.

It can be obtained:

In person at the Citizen Service Offices (Oficinas de Atención al Ciudadano) of Madrid City Council.
Online through the Madrid City Council's electronic portal (with a digital certificate or Cl@ve).

The certificate should be recent (issued within the last few months).

The Notary Signing: How It Works

The notary signing is the act in which both spouses execute the public deed of divorce. Important aspects:

Both spouses must attend the notary's office in person.
The date is coordinated according to the notary's availability.
The regulatory agreement and the public deed of divorce are signed.
From the moment of signing, the divorce has full legal effect.

Divorcios.express handles the coordination with the notary.

Public Deed of Divorce

The public deed of divorce is the notarial document that formalises the dissolution of the marriage through the notarial route. It is executed before a notary with both spouses present.

The deed incorporates the regulatory agreement with the terms agreed by the spouses and has full legal effect from the moment of signing.

Contents of the Deed

Identification of the spouses.
Marriage details.
Complete regulatory agreement.
Declaration of the intention to divorce.

Effects

From the signing of the deed, the spouses are legally divorced. However, the deed must be sent to the Civil Registry for registration.

Divorcios.express prepares the necessary documentation for the deed as part of its service.

Use of the Family Home

The use of the family home is one of the matters that must be addressed in the regulatory agreement of a mutual-agreement divorce.

Possible Situations

Spouses already living separately: this is recorded and each spouse remains at their current address.
Spouses still living together: the agreement sets out how housing will be managed after the divorce.
Owned property by one or both spouses: the use is agreed, regardless of ownership.
Rented property: the agreement specifies who continues with the lease.
Third-party housing: the circumstances and future arrangements are recorded.

Common Arrangements

Exclusive use for one spouse.
Both continue temporarily.
Property sale.
Other agreed solution.

Divorcios.express collects all this information through the client portal form and reflects it in the regulatory agreement.

→ See also: Blog on housing and divorce

The Notary and Divorce

In a notarial divorce, the notary's office is where the divorce is formalised through the signing of the public deed.

Role of the Notary

The notary verifies the identity and legal capacity of the spouses.
Checks that the regulatory agreement meets legal requirements.
Authorises the public deed of divorce.
Sends the deed to the Civil Registry for registration.

Coordination

Divorcios.express handles coordination with the notary: it prepares and submits all documentation and coordinates the signing date.

The signing date depends on the notary's availability. This time is not part of the 24–48 hour processing timeframe of Divorcios.express.

→ See also: Phases of Notarial Divorce · Blog

Differences between Notarial and Judicial Divorce

There are two routes for processing a mutual-agreement divorce in Spain: before a notary and judicial.

Notarial Divorce

No judicial involvement.
No minor or dependent children.
A public deed is signed before a notary.
No court representative (procurador) required.

Judicial Divorce

Requires judicial involvement.
Necessary when there are minor or dependent children.
A court ruling is issued.
A court representative (procurador) is required.

Which Is Faster?

It cannot be stated categorically which procedure is always faster, as it depends on the circumstances of each case and the timeframes of courts, notaries, and the Civil Registry.

Divorcios.express offers notarial case processing, and its part of the processing is completed within 24–48 business hours when the case is complete and correct. The signing and registration depend on the notary and Civil Registry respectively.

→ See also: Comparative blog post

Frequently Asked Questions about Notarial Divorce

The most common questions about notarial divorce in Madrid are answered in our Frequently Asked Questions (FAQ) section.

Among the most consulted topics:

Requirements: can I divorce before a notary if I have minor children? Do we both need to agree?
Documentation: what documents do I need? Do I need a birth or marriage certificate?
Timeframes: how long does Divorcios.express take to process the case? Does the 24–48 hours include the notary signing?
Process: what happens after signing? Who handles registration at the Civil Registry?
Costs: how much does it cost? Can I pay in instalments?
Housing: what happens with the family home? What if we already live separately?
Client portal: can I check the status of my case online?

Remember that Divorcios.express processes the case within 24–48 business hours when it has all required data and documents correctly. This timeframe does not include notary or Civil Registry times.

→ Go to the FAQ