Separation or divorce before a notary is possible if there are no minor children. One of the main advantages of this process is the significant reduction in the time required to finalize it. However, the intervention of a lawyer is essential, and one lawyer can represent both spouses.

Since the end of July 2015, it has been possible to process separation or divorce before a notary, provided the following conditions are met:

1. Three months have passed since the marriage was celebrated.

2. There are no minor children or children with judicially modified capacity who depend on their parents.

3. The woman in the couple is not pregnant, as the conceived child is considered born for favorable purposes.

The intervention of a lawyer is mandatory, just as in judicial divorce, to defend the interests of the spouses, while the notary must provide impartial advice. The notary can reject agreements if they are deemed harmful to the spouses or their adult or emancipated children.

It is important to know that the dissolution of the marriage is not effective at the moment of signing the deed but five business days later, when the notary finalizes it. The divorce takes effect from the moment the deed is signed, while the agreement becomes effective once approved by the notary within five business days. In case of notary rejection, an appeal can be filed before a judge.

The process must be carried out before the notary of the last common domicile or the notary corresponding to the place of residence of either spouse, without needing to certify this with a document.

Required Documentation:

1. Certification of the marriage registration and, if applicable, the birth registration of the children in the Civil Registry.

2. Documents on which the spouses base their agreement.

3. If requesting financial measures, documents that allow the economic situation of the spouses and, if applicable, the children to be assessed, such as tax returns, payslips, bank certificates, property titles, or registry certificates.

Contents of the Regulatory Agreement:

1. Allocation of the use of the family home and household items.

2. Liquidation of the matrimonial economic regime.

3. Amount of any agreed pensions.

The notarial divorce must be registered in the Civil Registry where the marriage is recorded, for which the spouses must present an authorized copy. The regulatory agreement that liquidates the matrimonial economic regime is subject (exempt if the distribution is equal) to the Property Transfer and Documented Legal Acts Tax and must be settled within 30 business days. This agreement can be reviewed at any time.

The cost of notarial divorce is pending approval. Currently, as it is a deed without a specific amount, it is charged at €30.050605, plus any excess pages (depending on the length of the agreement) and three authorized copies, in addition to the cost for documenting the papers delivered to the notary and the approval of the agreement.

Overall, the final cost may range between €200 and €300 in notarial fees.