One of the many novelties that the Law of 15/2015 of the 2nd July, for Voluntary Jurisdiction contains is the possibility for spouses to get divorced or separated under mutual agreement at the Notary Public via a Notary Deed, as long as the divorce is mutually agreed by both spouses and there are no children under the age of 18 or that have been declared legally incapacitated.
This Deed composes of a statement made by the spouses that they wish to get divorced, and a Divorce agreement is incorporated into the Deed. This is drafted according to articles 82, 83, 87, 89 and 90 of the Civil Code, and article 54 of the Notary Law, by the reformed article 61 of the Civil Registry Law, all these according to what is set out in the Law of Voluntary Jurisdiction.
You are able to choose the Notary: you can use any Notary of the place where you held an address in common or the home of either of the applicants.
The Deed has to be signed in person (art. 82), that is to say you cannot get divorced via Power of Attorney. Both spouses must appear together to sign the Deed.
You must also be assisted by a lawyer in practice; this is an obligatory requirement, according to (art. 82 of the Civil Code) and art. 54.2 of the Notary Law.
The agreement will be incorporated into the Deed, including the settlement of joint assets or the corresponding matrimonial regime. There is a peculiar clause added because for the Notary Public there is an obligation that is far from their traditional area of work, which is the evaluation of the agreement.
If there are children over the age of 18, these must give their consent in the case that they live in the family home and have no income. Without this consent the agreement cannot be signed and therefore the divorce cannot go through. The law states that they do not have to be present; they can be represented by a Power of Attorney.
Once the divorce is signed this then has to be sent to the Civil Registry.
The advantage of this process is that it is quick, much quicker than through court, and at a fraction of the price.
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