What does it consist of?

Divorce before a notary is the procedure by which two spouses can end their marriage by mutual agreement through the granting of a public deed of divorce, provided that the legally established requirements are met.

Both spouses must express their free and joint will to divorce before the Notary. Likewise, they must agree on the corresponding measures and, where appropriate, present the regulatory agreement that reflects the effects of the divorce.

In order to process the divorce before a notary, at least three months must have passed since the celebration of the marriage, and there must be no unemancipated minor children or adult children for whom judicial support measures have been established attributing them to their parents.

Furthermore, the spouses must be assisted by a practicing lawyer, who will provide legal advice during the procedure.

Once the public deed of divorce has been granted, the Notary will send the necessary documentation to the Civil Registry for the corresponding registration.

Necessary Documentation

• National identity document, passport, or valid identification document of both spouses.

• Literal certificate of marriage issued by the Civil Registry.

• Family book, when applicable.

• Regulatory agreement agreed upon by both spouses, establishing the measures arising from the divorce.

• Documentation relating to adult or emancipated children living in the family home who may be affected by the agreed measures, when applicable.

• Documentation relating to assets, liabilities, and economic obligations subject to agreement, when necessary to formalize the corresponding measures.

• Document accrediting the lawyer's intervention.

The specific documentation may vary depending on the personal and financial circumstances of each marriage. Therefore, it is recommended to consult with the Notary beforehand about the documentation to be provided.

Taxation

Divorce before a notary generates corresponding notarial fees, the amount of which will depend on the deed and the actions to be performed.

In addition, if the liquidation of the marital economic regime is carried out as a result of the divorce or if assets are awarded, there may be tax consequences that must be analyzed based on the specific circumstances of the transaction.

In what situations can this service be used?

Divorce by mutual agreement

When both spouses agree to end the marriage and can reach an agreement on the measures that will govern its effects.

Marriages without unemancipated minor children

When there are no unemancipated minor children or adult children for whom judicial support measures have been established attributing them to their parents.

Liquidation of the marital economic regime

When spouses wish to use the procedure to agree and formalize, where applicable, the liquidation of their marital economic regime and the division of common assets.

Regulation of divorce measures

When it is necessary to establish by agreement issues such as the use of the family home, pensions, or economic relations between spouses, in accordance with the circumstances of the case.

Divorce with agreement on assets

When both spouses have reached an agreement regarding the distribution and adjudication of their assets and wish to formalize it jointly with the divorce, when legally possible.