Deed of Divorce
In Spain, couples can get divorced before a Notary 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 one of them is British. If the couple were living in Spain, they could get divorced in Spain. 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, 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.
Divorce Judgement
A Divorce Judgement will be given by the Spanish Court when a couple get divorced in Spain. There is no equivalent to the Decree Absolute in Spain because it is the Spanish Divorce Judgement the document which confirms the dissolution of the marriage and orders the actions to be carried out by the parties to include agreements regarding the children and assets.
The translation into English of the Spanish divorce judgement will be required if one of the ex-spouses is going to remarry in the UK. The official translation will confirm that he or she is now divorced.
Official translators are expert in legal terminology. They are also very familiar with the differences between the English and Spanish legal systems and will produce accurate translations to be accepted by the British Authorities.
For further information please contact us on (+34) 951 552 254 or complete an online enquiry form, and a member of the team will be in touch.