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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What is emancipation? Emancipation is the legal act by which a minor acquires full legal capacity before turning 18 and is treated, in its effects, as an adult, subject to certain legal limitations.
Requirements
Minimum age
The minor must be at least 16 years old in order to be emancipated.
Consent of the parents
This requires the consent of both parents who hold parental authority. If they disagree, the matter may be brought before the courts. If the minor is under guardianship, the guardian cannot emancipate them by deed: a minor over sixteen may obtain the benefit of majority (beneficio de la mayor edad) by court grant.
Consent of the minor
The minor must personally give their consent to the emancipation, expressing their wish to be emancipated.
Effects of emancipation
What an emancipated minor can do
- Manage and dispose of their assets
- Enter into contracts
- Take part in court proceedings
- Live independently
- Work without needing authorisation
Limitations until adulthood
Until turning 18, the emancipated minor will need the consent of their parents or, failing both, of a defensor judicial (court-appointed representative) to:
- Borrow money
- Encumber or dispose of real estate or commercial businesses
- Dispose of assets of exceptional value without consent
Documents to provide
Identity documents
DNI/NIE of the minor to be emancipated and of both parents.
Birth certificate
Full birth certificate (certificado literal) of the minor, to prove parentage and age.
Libro de Familia
Libro de Familia (Spanish family record book) or a certificate from the Registro Civil (Civil Registry) proving the parent-child relationship.
Parents' marital status
If the parents are married, their marriage certificate. If they are separated/divorced, the judgment showing who holds parental authority.
Reasons for emancipation
A brief explanation of the reasons for requesting emancipation (work, financial independence, etc.).
After the signing
The notary's office sends the emancipation deed to the Registro Civil (Civil Registry) for registration; without registration, the emancipation has no effect against third parties. We will let you know when the process is complete.
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Prefer to call? Ring us on +34 966 708560