In Spain, couples can get divorced before a notary public if the divorce is by mutual consent and there are no minor children from the marriage. The spouses will have to attend a notary’s office and sign a Deed of Divorce by mutual consent.
The official translation into English of the Spanish Deed will be needed if the ex-spouses are British, or if one of them is British.
If the couple was living in Spain, they could get divorced in Spain. The divorce may need to be registered in the UK or if the ex-spouses are going to remarry in the UK, they will have to submit the Spanish Deed and its official translation into English.
The Deed will include the particulars of the notary public, the couple and their lawyers. The couple will have to attend the notary’s office with their lawyers who will provide the necessary legal advice.
In Spain, marriages are regulated by financial matrimonial regimes. The main regimes are:
- The financial regime of separate ownership of matrimonial assets, régimen de separación de bienes. Under this financial regime, property owned and income earned both before and after marriage belongs to each spouse individually; or
- The financial regimen of joint ownership of matrimonial assets, régimen de bienes gananciales. Under this financial regime, all property and income that accrues to the marriage partnership following marriage, except by way of inheritance, is jointly owned by both spouses.
The Deed will confirm the financial regime applicable to the marriage. The spouses would have also drawn up, with the assistance of their lawyer, a divorce settlement which would regulate the effects of the divorce. This divorce settlement will be enclosed with the Deed.
If the couple got married in Spain, the notary will submit the notarised Deed to the relevant Spanish Registry Office so that the divorce is annotated on the marriage certificate.
There is no equivalent of this document in the UK. The Spanish Divorce Deed is a very complex document which includes very specific legal terminology and lots of notarial formalities; therefore, it is paramount that the official translation is carried out by an official translator who is an expert in legal terminology and the two legal system involved (in this case, English and Spanish).
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