Separation and divorce
Content
What legal separation is and how it is agreed
Separation is the situation in law where a couple remain married while ceasing to live together.
Where there are minor children or older children for whom support measures attributed to their parents have been drawn up by the courts, the legal separation will be ordered by a court, regardless of the form of marriage celebration, when the conditions required by the Civil Code are met.
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By petition of only one of the spouses, without the other's consent.
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By petition of both spouses.
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By petition of one, with the other’s consent.
In the event of separation by mutual agreement, and provided that there are no unemancipated children not of legal age or older children in respect of whom support measures attributed to their parents have been established by the courts, separation may be ordered.
- By order of the clerk of the court;
- By deed of consent of both spouses, publicly recorded before a notary.
What is divorce and how is it obtained?
Divorce is a form of dissolution of the marriage, irrespective of how the marriage was solemnised.
It is decreed by a court of law when the conditions required by the Civil Code are met, as follows:
- By petition of either spouse, without the other's consent;
- By petition of both spouses;
- By petition of either, with the other’s consent.
Likewise, if the divorce is by mutual consent, and there are no unemancipated children not of legal age, or older children in respect of whom support measures attributed to their parents have been established by the courts, divorce may be authorised.
- By the clerk of the court;
- By notarial act.
Where and how are legal separation and divorce registered?
Where are they registered?
In the transitional period until the introduction of the new civil status model:
They are entered on the civil register in which the marriage between the spouses was recorded.
Once the new civil status model is established
Registration is requested at any of the General Civil Registry Offices and Consular Offices in the district concerned.
How to register separation and divorce in the civil registry
In the transitional period until the introduction of the new civil status model
The separation and divorce are entered in the registry as a marginal note on the entry registering the marriage between the spouses.
The court forwards its order or decree declaring the couple legally separated or divorced to the relevant registry.
When the separation or divorce are made formal by public deed, the notary is responsible for forwarding the deed to the civil registry.
Once the new civil status model has been established
Separation and divorce are entered in the spouses’ personal record as a supplementary entry to the main marriage entry.
Información por Comunidades Autónomas
Andalucía Aragón Asturias, Principado de Balears, Illes Canarias Cantabria Castilla y León Castilla-La Mancha Cataluña Ciudad de Ceuta Ciudad de Melilla Comunitat Valenciana Extremadura Galicia Madrid, Comunidad de Murcia, Región de Navarra, Comunidad Foral de País Vasco Rioja, La
