Express divorce, divorce by mutual consent and contested divorce are the different types depending on the separation you want to do.
Lefebvreleading provider of software and legal content in Spain, presents a new edition of A family note, the reference work on civil family law, which analyzes all matters related to the family, in addition to addressing other interesting aspects such as domestic violence, gender or succession planning. The above work has collected the most important aspects to consider when filing a divorce, the demand for which increases during the summer due to factors such as:
- Conflicts with the political family: During the summer, many families spend more time with their partner’s relatives, something that can lead to problems with understanding.
- cheated: The summer period is a time of more free time and idleness, which can lead to a new romantic relationship.
- disappointment: In general, couples experience crises before, but postpone their separation in the hope that the relationship will improve. If this does not happen, in September they divorce.
- post-holiday syndrome”: The “depression” of returning to routine can cause confrontations between the two parts of the couple, causing a breakup.
- More time to think and make decisions: Summer vacation is a good time to reflect on the state of the relationship and make decisions.
According to data from INE, last year the number of broken marriages rose to 90,582, an average of 248 separations per day. Consequently, 6 out of 10 new Spanish marriages end in divorce.
Murcia, Catalonia Y Valencian community leads the rankings with a rate of 2.1 annulments, separations or divorces per 1,000 residents, followed by Andalusia, The Balearics Y The Canary Islands with 2.0. The non-coastal region with the most divisions per inhabitant was Community of Madrid with a coefficient of 1.9 per 1000 inhabitants. What guidelines should be considered? Carmen Hernandez, coordinator of the work, advises: “Take your time. The decisions to be made in the event of separation, especially if there are children, will affect the future of the entire family. It is important to be well advised in order to find the solutions that are most beneficial to all members. Memento Familia collects a wide range of case studies to facilitate the selection of the most appropriate post-divorce measures”.
Alternatives to Divorce
There are different types of divorce as stated Lefebvre in his A family note, depending on the split you want to perform:
- express divorce: the fastest. It is possible to have a solution in less than a week. Also, the couple can have the same attorney, which keeps costs down. However, this is an option only available to couples without children in common.
- Divorces by mutual consent: the best alternative in case the couple has children together. The final document describes the arrangements reached by both parties in relation to children, property, real estate…
- Disputed Divorce: the last option. These are cases that must be decided in court, so each side must have a legal team. In the absence of an agreement, a judge decides the final decision on the divorce.
The A family note, the civil family law reference book, has included in this new edition the most complete update of new provisions, among which are the reform of civil and procedural legislation to support people with disabilities in exercising their legal capacity; the new ordinance for comprehensive protection of children and adolescents from violence; the improvement of the protection of orphans, victims of gender-based violence (LO 2/2022) or the spread of the new legal regime for animals in marital crises. Also the changes to the Law on the Civil Registry, which envisions it as an electronic registry, “A single civil registry for the whole of Spain, computerized and accessible electronically”. Likewise, the work includes the most recent and relevant case law on the matter and the doctrine of the Directorate General for Legal Security and Public Faith.