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Express divorce has become one of the most popular options for ending a marriage quickly, easily and economically. But do you really know what it involves, what the requirements are and in which cases it is recommended? If you are thinking about separating and are looking for clear information, read on.
In this article, you will discover:
• What express divorce is.
• What the legal requirements are.
• The steps to take to process it.
• Advantages, disadvantages and when it is advisable to choose it.
What is express divorce?
Express divorce (also known as divorce by mutual consent) is a legal procedure in Spain that allows marriages to be dissolved more quickly and cheaply than through traditional contentious proceedings.
It was introduced in 2005 by Law 15/2005, which eliminated the requirement for prior separation and made it easier for spouses, if they agreed, to divorce without going through a lengthy trial.
In short, it is a simplified and voluntary procedure where both parties agree to:
• End the marriage.
• Divide joint assets.
• Establish measures regarding children (custody, visits, maintenance).
Requirements for an express divorce in Spain
To qualify for an express divorce, the following conditions must be complied:
1. Agreement between both spouses
The fundamental pillar. If there is no agreement, the divorce will be contentious, which means more time and costs.
2. Registered marriage and more than three months married
The law requires that at least three months have passed since the marriage was celebrated.
3. Signed regulatory agreement
A regulatory agreement must be presented, a document that establishes:
• Custody and visits (if there are children).
• Use of the family home.
• Distribution of assets and debts.
• Compensatory or maintenance payments.
4. No impact on minors in conflict
If there are minor or dependent children, the Public Prosecutor’s Office will check that their rights are protected.
Where is an express divorce processed?
There are two main ways:
• Express divorce before a notary: If there are no minor children, it can be done before a notary by means of a public deed.
• Express divorce in court: If there are minor children, it is carried out in court, with the intervention of the Public Prosecutor’s Office.
Advantages of express divorce
This procedure is not only faster, it also offers other benefits:
✔ Lower cost: As it is a simple procedure, normally only one solicitor and advocate is required for both spouses.
✔ Time saving: In many cases, express divorce is resolved in 1 or 2 months.
✔ Fewer conflicts: As it is based on agreement, it reduces family and emotional tensions.
✔ Flexibility: Possibility of agreeing on measures adapted to each family.
Although it has advantages, it is not always the best option. For example:
• If there is no agreement, it cannot be done this way.
• It does not resolve complex financial disputes (businesses, inheritances, large estates).
Disadvantages and limitations
• It can lead to inequality if one of the spouses does not receive adequate advice.
When is it advisable to choose an express divorce?
An express divorce is advisable when:
• Both spouses want to separate and there are no serious conflicts.
• The division of assets is straightforward (e.g. only one home and shared accounts).
• There is good communication regarding the children and their care.
• The aim is to save time and money by avoiding lengthy court proceedings.
It is not advisable if:
• There is domestic violence or threats.
• There are significant financial disputes.
• One of the spouses is unwilling to cooperate.
Approximate cost of an express divorce
The price depends on the law firm and the city, but as a guide:
• With minor children: Between €500 and €1,000 (solicitor + barrister).
• Without children: From €350 upwards, especially before a notary.
Tips for a smooth express divorce
• Find a solicitor who specialises in family law: This is key to drafting a good settlement agreement.
• Be clear with your partner: Misunderstandings will prolong the process.
• Think about the children first: Their well-being must be the absolute priority.
Conclusion
Express divorce is an effective legal tool for those who want to separate amicably, quickly and at low cost. However, it is not always the ideal solution. If you have any doubts, it is best to consult a solicitor specialising in divorce who can study your case and advise you with certainty.
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