1. By Mutual Agreement
The procedure for marriage annulment, divorce or legal separation initiated by both spouses, acting in common agreement, or by one of the spouses with the other spouse’s consent is faster and easier than the contestedÂ one.
Along with the petition the parties must submit the parenting plan (convenio regulador), which is the contract that both spouses have agreed to establish the following points:
- The parent with whom the children shall have to cohabit.
- The way in which the custody of the children has to be exercised.
- The visitation rights of the non-custodial parent.
- The sum that has to be paid for children’s alimony.
- Any compensation allowance or alimony that, if any, shall be made by one of the spouses in favour of the other spouse.
- The attribution of the use of the family home.
- The manner, if any, in which the spouses continue to contribute to family expenses.
The judge’s decision will determine the separation, divorce or annulment of the marriage and should also accept, refuse or amend the parenting plan.
2. Contested Process
In case of marriage annulment, divorce or judicial separation initiated by just one of the spouses, without the consent of the other, the judge must decide about the points indicated above that otherwise should have been established on the parenting plan.
The marriage certificate and the birth certificates of the children are always required. The assistance of a Spanish Lawyer and a legal representative (Procurador) is always required.
The sentence determining the marriage annulment, legal separation or divorce will be registered with the Spanish Civil Registry. This sentence can be appealed.
If the circumstances of the parties change in the future, they may apply for the modification of the conditions of the divorce established by the sentence (child support, custody, rights of visitation…). For such purposes a further court procedure must be initiated.
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