After a couple of months, thanks to the reform of Article 82 of the Civil Code, spouses may divorce, as long as it is mutually agreed, by going to the notary; thus simplifying both the process and the time invested.
In order to do it this way, the marriage must have been effective for three months; and signed by public deed before a notary. The spouses must go to this act personally, accompanied by an attorney, who will have to sign the deed with them; and provide their consent before the Notary.
In the event that the spouses had adult children, these must also give their consent before the Notary regarding measures that affect them, in the event they lacked their own income or lived with their parents. If there were no approval from their children, an agreement would not exist, nor a divorce. Though, it will not be necessary for these to come in person to the Notary, being representation by a proxy a common solution.
Conversely, if the couple had minor children, proceeding in this way would not be possible, being necessary to go to court.
The deed should express both the unequivocal will to separate, and to determine the regulating measures to the effects of separation. The regulatory agreement must be transcribed, and also the liquidation of property of the pension scheme may be included.
In the case of such a sensitive matter as divorce, it is important to have the support of a team of experts, backed by extensive experience that can guarantee the defence of your interests. The legal team in Daemi Zabalza & Associates has a long history in dealing with divorce matters, so if you find yourself in such situation, do not hesitate to book a first free appointment.