(b) if the applicant for divorce proves that the defendant had a ground for legal separation at the beginning of the de facto separation. Generally, if husband and wife have a child after separation or divorce, both parents continue to share joint parental custody of their child. There are few exceptions where parental authority can only be entrusted to one parent. The spouses may agree to apply for a formal separation if they have been married for 3 full months. In this case, the spouses agree to live separately and separately, experiencing some of the feelings of separation without making a final divorce decision. If recognition is sought in Spain of a judgment of divorce, marriage annulment or legal separation given in one of the Member States (and in the United Kingdom before 31.12.2020) with the exception of Denmark, an application for recognition should be lodged without the judgment in question being given in the Member State in which it was given. — before the court of first instance of the domicile of the person against whom the application for recognition or non-recognition is made. If the defendant does not reside in Spain, the claim may be made anywhere in Spain or in his last residence in Spain or, if not, at the place of residence of the plaintiff. The legal consequences of legal separation are the same as for divorce, with the only difference that it does not dissolve the legal bond. Reconciliation with the full restoration of marriage is therefore possible without the spouses having to remarry; To have legal effect, any reconciliation must be communicated to the court. At the same time, and if the spouses married under a joint matrimonial property regime (for example, sociedad de gananciales, where half of each spouse`s income is considered to be the property of the other spouse), this is dissolved in the event of legal separation and replaced by separation of property. Once the divorce is pronounced, the parties to the marriage can legally remarry.
Both parties immediately lose all marital inheritance and widow`s pension rights, as well as obligations arising directly from their marriage. In addition, any joint financial liability of the couple to third parties will be terminated. However, divorced parents continue to respect their duties towards their children. The application must be made before the commencement of proceedings or, if the party applying for legal aid is the defendant, before the application is contested. However, both the plaintiff and the defendant may apply for legal aid retroactively after it has been shown that their financial situation has changed. CATALAN FAMILY CODE 1998 (CF)Title II: Matrimonial property regimes; Chapter I: Separation of matrimonial property regimes and purchases under a survival contractArticle 41. Economic compensation for work Spouses can divorce by mutual consent in Spain if they have been married for at least three full months. If the parties apply to the judge for a divorce decree, the application must be accompanied by a proposal from the Intergovernmental Convention (convenio regulador). It is not necessary for the couple to have been legally separated for a period of time before filing for divorce.
A prenuptial agreement is a written document that outlines how the parties will deal with a divorce in the event that such an event could occur over the years. It determines how the couple`s property will be distributed in this particular situation. A prenuptial agreement is considered a useful legal tool that can prevent many other problems that can arise from a divorce. It can be drawn up taking into account various financial aspects, which may also concern the maintenance of the child if the spouses have children. Overall, the document can facilitate the divorce process in Spain, as many aspects have already been agreed. Our divorce lawyer in Spain can provide you with legal advice on this. Buy a ready-made legal service provided by our team of Spanish lawyers at a single fixed price: » Separation by mutual agreement in the Spanish courts, 900 €. (1) Unjustified abandonment of the family home, marital infidelity, abusive or offensive conduct and any other serious or repeated violation of marital obligations. Marital infidelity cannot be invoked as a ground for separation if a prior separation of the spouses actually exists, is given voluntarily by mutual consent or imposed by the spouse alleging it. When drafting a marriage contract, it is important to know that the document will be executed by the Spanish authorities as soon as the divorce proceedings are initiated. However, this may not be the case if the document is not favourable to the couple`s children or to one of the parties.