Amicable Divorce: The Mutual Consent Approach

Reaching an amicable agreement to end a marriage or de facto partnership is one of the most balanced and peaceful ways to bring a relationship to a close. Under Spanish divorce law, spouses can generally apply for separation or divorce once three months have passed since the marriage, without having to state or prove the reasons for the breakdown.

Divorce by mutual consent is based on negotiation. The decisions agreed upon by both parties are set out in an essential legal document: the divorce settlement agreement (convenio regulador).

By avoiding the confrontation of contested court proceedings, this approach is generally faster, more cost-effective and less emotionally distressing for the family. The process of obtaining a court judgment often takes approximately three to four months, although the actual time depends on the workload of the relevant court.

Key Matters to Address in the Divorce Settlement Agreement

To formalise the agreement, both parties must establish the arrangements that will shape their future. We draft comprehensive settlement agreements covering the following matters:

The end of cohabitation and the allocation of the right to use the family home.
Contributions towards family expenses and the distribution of shared household costs.
Child custody arrangements, whether sole custody granted to one parent or joint custody shared by both parents.
Visitation, contact and holiday arrangements for the non-custodial parent.
Child maintenance payments and arrangements for extraordinary expenses.
Compensatory maintenance or financial support for the spouse or partner who is left in a less favourable financial position following the separation.
The division and distribution of family assets, bank accounts and shared debts.

How Does the Divorce by Mutual Consent Process Work?

This procedure is governed by Article 777 of the Spanish Civil Procedure Act (Ley de Enjuiciamiento Civil). It requires a court application submitted by a court representative (procurador) and signed by a lawyer. The application must include the proposed settlement agreement signed by both parties, together with the marriage certificate and the birth certificates of any children.

The application is submitted to the court with jurisdiction over the spouses’ last shared marital residence. The court will then summon both spouses to formally confirm and sign the agreement. Once this has been completed, the judge will issue the corresponding divorce judgment or decision concerning the dissolution of a de facto partnership, approving the settlement agreement and arranging for its definitive registration with the Civil Registry.

The Importance of Making Informed Decisions During Negotiations

To reach a fair and effective settlement agreement, it is essential to have a thorough understanding of your individual legal rights, your children’s rights and the financial and property-related implications of the separation.

Before starting negotiations, it is perfectly natural to have questions such as: What rights does my partner have over the family home if I am its sole owner? Am I required to pay maintenance if we were unmarried but lived together as a de facto couple? How will we divide the mortgage, bank accounts or jointly owned vehicles? Addressing these questions strategically is the first step towards reaching a secure and well-informed agreement.

At FALGAS.net, we are available to assist you throughout the entire process. We work with sound judgement, discretion and efficiency, supported by a trusted team of professionals, including court representatives, valuation experts, child psychologists, private investigators and accounting specialists, to provide the highest standard of legal representation.

At FALGAS.net, we turn complex legal matters into clear, reliable and lasting solutions for you and your loved ones.