How long does a divorce take?
of mutual agreement
in Segovia?
When a couple decides to separate amicably, the first question that comes to the office is always the same: how long will it take? Knowing clearly how the process works helps to face it with much more peace of mind.
In this guide, from Sáez Chillón Abogados —with more than four decades of experience in Segovia— we explain the requirements, the steps of the process and everything you need to know about divorce by mutual agreement.
What is a divorce by mutual consent?
A divorce by mutual agreement is one in which both spouses agree to divorce and to all the conditions of the breakup: child custody, alimony, use of the family home and division of common property.
Since there is no dispute between the parties, the process is faster and less expensive than a contested divorce, and It allows the family to make their own decisions instead of letting the judge impose them.
Requirements for processing it
To initiate a divorce by mutual consent, the following requirements must be met:
Three months minimum: At least three months must have passed since the celebration of the marriage, except in exceptional situations of risk to the integrity of a spouse.
Full agreement: Both parties must agree to the divorce and to all the conditions set out in the settlement agreement.
Minor children → via legal channels: When there are minor children or dependent persons in common, the process must necessarily be carried out through the courts.
The regulatory agreement: the key piece
The regulatory agreement is the document that includes all the agreements reached by the spouses and that the judge must approve. Its correct wording is fundamentalAn ambiguous, incomplete, or non-legal agreement may be rejected or returned for modification, unnecessarily complicating the process.
The agreement must include
- Child custody — shared or exclusive, with the cohabitation arrangement detailed with each parent.
- Visitation and stay arrangements — of the non-custodial parent, including weekends, holidays and public holidays.
- Child support — monthly amount, payment method and annual update mechanism (usually linked to the CPI).
- Use of the family home — to whom it is attributed and, if applicable, for how long.
- Extraordinary expenses of the children — how they are distributed and what is considered extraordinary.
- Liquidation of the matrimonial property regime — If you were married under a community property regime, how are the community assets divided?.
- Compensatory pension — if one of the spouses has seen their economic situation become unbalanced due to the marriage.
Our commitmentAt Sáez Chillón Abogados, we draft comprehensive and accurate regulatory agreements, anticipating potential future conflicts and ensuring that the agreements are enforceable and withstand judicial review.
Step-by-step guide to the process
Although each case has its own particularities, divorce by mutual agreement always follows the same procedural path.
Consultation and drafting of the agreement
The starting point is to meet with a family law attorney to analyze your specific situation. All aspects that need to be regulated are identified, and a separation agreement is drafted. The better prepared you are, with the basic agreements already discussed, the smoother this stage will be.
Documentation compilation
Simultaneously with the drafting of the agreement, all the necessary documentation is gathered. The certificates must have an issue date no more than three months prior to the filing of the claim.
Filing the lawsuit
The attorney files the petition with the competent Court of First Instance, along with the signed settlement agreement and all supporting documentation. Filing is currently done electronically. Once accepted, the court assigns a case number.
Ratification before the Court Clerk
Both spouses must appear in court in person to confirm their agreement to the divorce and the settlement. If either party fails to appear or decides not to ratify, the proceedings are dismissed and would have to be converted into a contested divorce.
Report from the Public Prosecutor's Office (if there are minor children)
The Public Prosecutor's Office reviews the agreement to ensure it does not harm the rights and interests of the children. If it finds any deficiencies, it will request modifications. A well-drafted agreement from the outset prevents this issue.
Divorce decree
With the agreement ratified and the prosecutor's report favorable, the judge issues a ruling approving the divorce and granting the settlement agreement enforceable. From that moment, the marriage is dissolved.
Registration in the Civil Registry
The court sends the sentence to the Civil Registry for registration, which is necessary for the divorce to be enforceable against third parties and to be able to enter into a new marriage in the future.
Required documentation
To file the claim, you must have the following documents. All documents must be no more than three months old:
Marriages celebrated outside of SpainIf either spouse is a foreigner or the marriage took place abroad, additional documentation may be required. Please discuss your specific case with our firm.
Through legal channels and through notarial channels
In Spain, there are two ways to process a divorce by mutual consent. The fundamental difference between them is whether or not there are minor children involved.
Legal proceedings
With or without minor children
Is mandatory This is possible when there are minor or dependent children in common. It is also possible even when there are none. The petition is filed with the Court of First Instance and the agreement must be approved by the judge.
When there are children involved, the Public Prosecutor's Office intervenes to guarantee the protection of minors.
Notarial Procedure
Singles only, no minor children
Only possible when There are no minor children or dependents In common. Both spouses go to the notary's office with the settlement agreement, and the notary formalizes the divorce in a public deed.
It is a streamlined process that can be completed in just a few business days from the time all the documentation is submitted.
The specific timeframes depend on the workload of the court or notary's office and the circumstances of each case. In any event, a divorce by mutual consent is considerably faster than a contested divorce, which can last for one or two years.
Frequently Asked Questions
Are you thinking about getting a divorce in Segovia?
At Sáez Chillón Abogados, we have been supporting families in Segovia for over four decades. Tell us about your situation and we'll guide you on the best course of action.
This article is for informational purposes only and does not constitute individualized legal advice. For a personalized consultation regarding your specific case, please contact our firm.