Divorce was legalised in 1981 in Spain and many couples have gone through the process of divorce. In 2005, the express divorce process was introduced, making it easier and quicker for couples to terminate their marriage.
Here, we will explain the time differences between a contested and uncontested divorce, the factors that can hinder the length of time it takes to divorce, and the ways to ensure that the process will run smoothly. Also, we will explain how our international divorce lawyers can help you.
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The differing time limits between the two procedures.
The issues that can cause a divorce to take longer, from child maintenance arrangements to how the length of time a contested divorce is disputed.
Measures you can take to ensure that your divorce goes smoothly
Living in another country may hinder the time it takes to resolve options such as joint custody.
When you should seek the advice of a lawyer
Here’s how our expert team can help you
We answer your frequently asked questions
An uncontested divorce is always a preferable option, as both spouses have agreed to it, and possibly have already decided key issues concerning matrimonial property and children. A contested divorce occurs when one spouse files for divorce, but the other spouse is opposed to divorce. This inevitably makes the process hostile and difficult to resolve.
Uncontested divorces take between four to six months to be completed. If there are no children involved and there are no pending issues, the divorce may only take a matter of weeks. However, in contested divorces, divorce proceedings can take up to a year, or even longer.
There are several factors that influence the length of time before the divorce is finalised. As previously mentioned, whether your divorce is contested or not affects the speed of a divorce. Contested divorces can take far longer if the spouses heavily disagree with each other resulting in lengthy arguments in the Spanish courts.
In both types of divorce, if there are children in the marriage, the custody arrangements will lead to a longer time before the divorce is finalised. If there is a dispute, it is faster and more cost effective to settle your dispute through dispute resolution methods such as mediation rather than in a Spanish court.
The jurisdiction in which the divorce proceedings are carried out can cause the divorce to take longer. If you live in the United Kingdom, it is possible to initiate proceedings under the law of England and Wales. However, in most cases, the spouse living in Spain must file for divorce.
Prior to the divorce proceedings, you could attempt to negotiate the terms of your divorce with your spouse before divorce proceedings begin. For instance, you can establish an agreement with regard to custody and visitation rights for any children of the marriage. Also, the division of matrimonial property will considerably reduce the time taken to finalise the proceedings.
If you think that you cannot negotiate with your spouse, the assistance of multi-jurisdictional family lawyers can help you set out your position and navigate the legalities of Spanish law. You can get in touch with our experienced family law team today to discuss your case.
If your divorce is taking place in Spain and you live in another country, you may find that the proceedings are taking longer than expected. This could be the result of communication issues due to language barriers.
To avoid such an issue, it is strongly advised that you obtain legal advice provided by a cross-border family lawyer. Giambrone & Partners have multi-jurisdictional and multi-lingual family lawyers with vast experience in advising clients in connection with their divorce in Spain.
It is always recommended to take legal advice from the onset when seeking a divorce, especially if the divorce is contested. By doing so, you will be made aware of any legal pitfalls that could arise. Also, the terms of the divorce will be correctly drafted to include all the issues related to your circumstances.
If your divorce is underway and your feel that proceedings are taking longer than expected, you can instruct a cross-border family lawyer to help things progress faster. If you would like to find out more about our services here at Giambrone & Partners, you can visit us on our website.
Giambrone & Partners has years of experience in assisting with Spanish divorce matters, representing clients in both the UK and Spain. We can advise and guide our clients from our UK offices and our offices in Spain.
How easy a divorce can be depends on various factors. For instance, if your divorce is contested, if you have children and whether both parties live in Spain or are in separate countries all have an impact on the ease and length of time it will take to divorce. Divorce proceedings will proceed more easily with the guidance and advice of family lawyers.
An uncontested divorce known as an “express divorce” was introduced in Spain in 2005 and is based on the principle of a no-fault divorce.
The final costs of a divorce in Spain depend on the complexity of the divorce in the case of a contested divorce, and how long the legal arguments take before there is resolution.