In DAEMI ZABALZA & ASOCIADOS we offer the possibility of processing your separation or divorce either by mutual agreement; whereby it would be discreet, quick, easy and economic, or contentious; if the couple does not reach an agreement on the minimum measures to be considered.

The express divorce or divorce of mutual consent is a quick and inexpensive divorce. Couples wishing to divorce can legally do so, only having to abide with a prerequisite: a minimum of 3 months married.

It is enough just presenting the marriage certificate and registration (as well as the birth of children, if any) and sign the regulatory agreement, where the agreements reached by the spouses are noted to regulate their future situation.

It is recommended that there is mutual agreement between the spouses as this offers great advantages:

  • Faster procedures
  • Simplicity of judicial proceedings
  • Savings because of its low economic cost

We find three common forms of express divorce:

    1. 1.Without children or assets: This is the simplest because there is no children to regulate measures upon, nor assets to liquidate.

2.With children:A series of agreements and measures will need be guaranteed for minors

3.With children and assets

The agreement is only mandatory and therefore must be provided as an essential requirement when spouses want to separate or divorce by mutual agreement or one with the consent of the other, as if there were no separation agreement or amicable divorce it would be necessary to turn to the contentious option which consists in a trial where the judge will determine the content of the Settlement Agreement.

The Settlement Agreement is a written document in which both spouses make a pact of mutual agreement according to the issues above. Thus, in the Convention the consequences of separation or divorce will be regulated, although its complexity comes from the large number of issues to be regulated, and the fact of relying on all parts of the agreement, but at the same time it requires court approval.

To give you an idea, the settlement agreement must contain the following:

    • Attribution of guardianship and custody of children
    • Determination of visitation and communication rights
    • The allocation of use of the home and family assets
    • The amounts of contribution to the maintenance of children in respect of alimony; and the criteria for updates and guarantees

The amount, if any, and by way of alimony, one spouse must meet the other for the economic imbalance that results from the separation or divorce or marriage annulment


The Spanish Constitution imposes a duty of care and ensures children and the separation or divorce do not exempt parents from these obligations. If there is no agreement of the parties, the judge, in any event, will determine the contribution of each parent to satisfy the food and take appropriate measures to ensure the effectiveness and accommodation benefits to economic circumstances and needs of children at each moment.

If you live together in the family home adult children or emancipated lacked own income, the judge in the same resolution, shall determine the foods that are due.
Food doesn’t just mean food, but everything that is essential for the sustenance, housing, clothing, education, medical care, etc.

Thus, the separation or divorce ruling handed down after the completion of the corresponding procedure will determine the spouse who is obliged to pay the alimony, the amount, the bases or criteria for updating – usually will be updated according to the IPC, and form and period of payment.

The law does not establish an amount, whereby the amount is set by the court attending to the revenues required to pay it and the needs of the spouse / beneficiary of it. For this purpose an analysis of labour and economic position that maintains the obligor it’s compulsory.

Finally, the obligation of payment of an alimony is set by judgment and, Naturaly, the failure to comply allows the beneficiary to bring proceedings of execution and, where appropriate, the seizure of assets and rights required to meet the pension. Also, the non-payment of alimony may constitute a crime of neglect of family defined in Article 227 of the Criminal Code, it may cause deprivation of parental rights and constitutes just cause for disinheritance of heirs.

This pension is granted to the spouse economically harmed by the separation or divorce. The spouse to whom the separation or divorce produces an economic imbalance in relation to the other’s position, involving a worsening his situation than previous to marriage, is entitled to compensation that may consist of a temporary pension or indefinitely, or a single supply, as determined in the regulatory agreement or in the judgment.

Separation or divorce does not necessarily entail the provision of alimony. On the absence of agreement of the parties, the judge, in sentence, will determine the amount taking into account the following circumstances:

  1. The agreements which spouses had reached
  2. The age and health condition
  3. The professional qualifications and chances of access to employment
  4. The past and future dedication to family
  5. The collaboration with their work in commercial, industrial or professional activities of the other spouse
  6. The duration of marriage and conjugal living
  7. The possible loss of pension rights
  8. The flow rate and the economic means and needs of each spouse
  9. Any other relevant circumstances

It can also be agreed at any time, replacing the alimony set by an annuity, the usufruct of certain goods or the delivery of capital goods or money.

As for the cessation of the obligation to pay the alimony, it is extinguished by the termination of the cause that motivated him, for the beneficiary live remarriage or cohabiting with another person (the conviviality must be habitual and with emotional and economic characteristics of a family environment)

The definitive measures are those that have been agreed in the decree of separation and / or divorce. Keep in mind that these measures are effective from the moment in which the judgment is notified to the parties in the process.

Modification services we offer:

  • Requirements for amending measures
  • Mutual agreement procedure
  • Legal proceedings
  • Appeals
  • Modification of visitation rights
  • Modification of attribution of parental authority
  • Modifying the allocation of use of the family home
  • Modification of alimony – child support/maintenance
  • Modification of compensatory allowance

Marriage is an institution that economic relations between spouses are also derived. These relationships should be regulated in some way, and for this legislation provides several possibilities.

The services we offer are:

  • Redacción y modificación de Capitulaciones matrimoniales
  • Drafting and modification of Marriage contract
  • Community of property
  • Regime of separation of property
  • Participation Scheme
  • PDonations by reason of marriage

The liquidation of the matrimonial property affects only those marriages that are subjected to community property and wish to separate or divorce. In cases where there are marriage contracts or separate property regime it will not be necessary to treat the economic issue or liquidate the regime.

Marriage annulment is the invalidation of marriage when its conclusion have existed or occurred faults or material defects that prevent it from taking effect. The annulment means that the marriage never existed and can not be exercised.

A domestic partnership is the union between two people who want to live stably in a relationship similar to conjugal affection, and to that end they choose to keep records to appear officially.


They can be agreed in writing establishing the economic regime that will govern the union, affecting both the titles of the heirs inheritance. If there are not agreed in writing, no economic system is applied, so the cohabitant rights must prove you have about each of the goods that make up the common heritage, crediting previous relationship.

Similarly, you can liquidate the economic system of mutual agreement or contentious way, proving the existence of the partnership, and that is complete, attributing the property to each of the partners.