Separation or divorce can take place before a notary if there are no minor children. The advantage of separation or divorce before a notary is that it can be completed much faster. However, the intervention of a lawyer is always required, which can be one for both spouses.

Since the end of July 2015, you can have your separation or divorce processed before a notary. Several circumstances must be met for this to be possible before a notary:

1. three months must have elapsed since the celebration of the marriage.

2. There are no minor children or children with legally modified capacity who are dependent on their parents.

3. The woman of the couple cannot be pregnant, as the child is considered to be born for whatever is favourable to her.

The intervention of a lawyer is compulsory, just as in the case of a judicial divorce, as the notary has to give impartial advice and the lawyer has to defend the interests of his clients.

The notary is not obliged to accept what has been agreed by the spouses if he/she considers that the agreements are detrimental to the spouses, or to adult or emancipated children.

You should be aware that the dissolution of the marriage is not effective at the moment of signing the deed, but when the notary has a period of 5 working days to do so.

The divorce is effective from the moment the deed is signed, whereas the signed agreement is effective from the moment it is approved by the notary within five working days. In the event of refusal by the notary, you may also appeal to the judge.

The separation or divorce must be processed before the notary of the last common domicile or the notary corresponding to the place of residence of either of the spouses, although this must not be certified by any document.

DOCUMENTATION TO BE SUBMITTED:

1. Certification of the registration of the marriage and. where applicable, those of the registration of the birth of the children in the Civil Register.

2. The documents on which the spouse bases his or her agreement.

3. If measures of a patrimonial nature are requested, the petitioners must provide the documents available to them that allow the economic situation of the spouses and, where appropriate, of the children to be assessed, such as tax returns, payslips, bank certificates, property deeds or registry certificates.

CONTENT OF THE AGREEMENT

1. Allocation of the use of the home and the family trousseau.

2. Settlement of the Economic Matrimonial Regime.

3. Amount of the agreed pensions, if any.

Finally, the divorce before a notary must be registered in the Civil Register where the marriage was registered, for which purpose the spouses must present an authorised copy.

The regulatory agreement in which the Economic Regime of the Marriage is settled in the divorce before a notary is a document subject (exempt if the distribution is equal) to Transfer Tax and Stamp Duty, which must be settled within 30 working days. This agreement can be reviewed at any time.

The cost of the notarial divorce is pending approval. Currently, as it is a deed with no amount, the fee is €30.050605, to which must be added the excess number of pages (depending on the length of the agreement) and three authorised copies, plus the cost of the testimony of the documents delivered to the notary and the diligence of approval of the agreement.

To give you an approximate figure, the final cost can be between €200 and €300 in notarial costs.