Family and Marriage
Notarial family matters: marriage (preliminary file and ceremony), registered partnerships, marital property agreements, divorce by mutual consent, dissolution of matrimonial property regimes and emancipation.
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A divorce before a notary must be handled by a notary with jurisdiction to do so. The following have jurisdiction:
- The notary for the couple's last shared place of residence.
- The notary for the domicile or habitual residence of either spouse.
Essential Requirements
Agreement of both spouses
Both spouses must agree to divorce and both must give their consent to the convenio regulador (settlement agreement).
No minor children
There must be no minor children or children whose legal capacity has been modified by a court. If there are adult children who are financially dependent on their parents, they must appear at the signing of the deed to give their consent to the convenio regulador (settlement agreement) where it includes measures that may affect them.
Mandatory Assistance of a Lawyer
A lawyer must assist and must draft the convenio regulador (settlement agreement).
Documents to Provide
Identity documents
DNI/NIE of both spouses.
Certificado de empadronamiento (municipal registration certificate)
Certificate showing that at least one of the spouses is registered on the Torrevieja municipal register.
Marriage certificate
You can obtain it online.
Libro de Familia or Birth Certificate
Libro de Familia (Spanish family record book) or the children's birth certificates, to confirm that there are no minor children.
Lawyer's identification
Identification of the lawyer who drafts the convenio regulador (settlement agreement) and attends the signing. If the lawyer has never appeared at the notary's office before, they must provide proof of their professional qualification.
Convenio Regulador (Settlement Agreement)
Document setting out the terms agreed for the divorce, drafted by the lawyer.
After the signing
We take care of its registration and will let you know when the process is complete.
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