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Divorce proceedings in Spain

Until summer 2005, divorce in Spain required two separate legal proceedings: one to separate, and that takes at least a year; and another to actually divorce, which takes another year. In addition, in order to obtain a divorce, one of those involved should be proven to be the guilty party – to somehow have failed the marriage, or to have left the home for a period of at least 6 months.
The new divorce law (you can read about it here: allows the two members of the couple or each of them independently to file for divorce in court without having to agree this with the other. The only requisite to file for a divorce is that both partners have been married for at least 3 months. If so, they can obtain their divorce in just two months. If one of the partners does not agree to the divorce, then the divorce still must be granted – under the new law – but it will take up to six months.
Even if none of the partners haven’t got Spanish nationality or maybe only one of them hasn’t, Spanish Courts can still rule about their divorce proceeding as long as the couple has got their usual residence in Spain or if Spain has been the last country where they have been residents. If the divorce affect citizens from the European Union, Spanish Courts will hear about the divorce proceeding as long as:
(1) Spain is the usual residence of the Defendant (2) the divorce petition is filed under mutual agreement and one of the partners has his/her residence in Spain or (3) when the Defendant has been resident in Spain within the previous year of filing the divorce.
Blog provided by: Lourdes Santisteban Spanish Solicitor at 3XDRET SPANISH LAWYERS.

For specialist advice on any family law related issue contact Maguire Family Law by email: or telephone:

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