Whether a child`s parents are married or not, there is a legal obligation to care for the child before and after a divorce, separation or separation between the parents. Under Catalan law, each party to the marriage retains the property held in his or her own name at the time of divorce. Spouses can divorce by mutual consent in Spain if they have been married for at least three full months. Whenever the parties apply to the judge for a divorce order, the application must be accompanied by a proposal for an agreement (convenio regulador). It is not necessary for the couple to be legally separated for a certain period of time before filing for divorce. If you are a British expat living in Spain and are planning to divorce or separate from your spouse or partner, you will be wondering where to start and what law will apply to you. Contrary to popular belief, you don`t have to get divorced in the country where you got married. The first Spanish divorce law was adopted on 25 February 1932 by the Parliament of the Second Republic under Prime Minister Manuel Azaña with 260 votes in favour and 23 against. Before the new law, Spain had one of the lowest divorce rates in Europe. Many couples have chosen to live apart – known as “Spanish divorce” – because of the legal and financial barriers to formal division and the social stigma, especially for women, associated with failed marriages. The new figures reflect the fact that these couples are now divorcing, with the separation rate dropping by 70.7%. If no children are involved and for very simple divorces, this can be done in just 4-6 weeks.
And it also helps us understand one of the main reasons why you really want to divorce, and that`s in a way that`s legally recognized. Divorce in Francoist Spain and democratic transition were illegal. While divorce was legal during the Second Spanish Republic, Franco began overturning these laws in March 1938. In 1945, the legislation enshrined in his Fuero de los Españoles stipulated that marriage was an indissoluble union. Divorce was still possible in Spain by the Catholic Church due to The Pauline or Petrino privilege. Marriages, especially for the rich, could also be annulled by ecclesiastical courts. The Catholic Church vigorously opposed divorce, whether on religious or civil grounds. On the other hand, we find the divorce laborious and long: the controversial.
A women`s association that called for the legalization of divorce in 1977. / ON The Fuero de los Españoles of 1945 declared that marriage was an indissoluble union. [4] [7] The decree of 26 October 1956 amending the decree on the register of civil status of 1870 is the result of the Spanish and Vatican concordats of 27 August 1953. It led to the full recognition of civil marriage in canon law and the harmonization of civil marriages with Catholic marriages. [1] This also meant that all separation proceedings had to be dealt with by the ecclesiastical courts. [8] With the Law of 8 June 1957 on the Civil Registry Office, further attempts were made to bring canon law into conformity with the Spanish Civil Code with regard to the requirements of civil marriage. The 1958 reforms under Article 42 of the Civil Code, EDL 1889/1, continued this process. [1] Caserón de la Goleta, Malaga`s women`s prison, has detained thousands of women throughout its history. Women have found themselves there for a variety of crimes, including infidelity, divorce, or lesbian relationships. [9] Divorce proceedings are faster when both parties agree to dissolve the marriage. At the same time as the request, the parties submit the intergovernmental agreement (convenio regulador).
This is the agreement that covers the following topics: You can only divorce in Spain if you meet one of the following conditions: If you want to know an exact number of directly that our lawyers will help you throughout the divorce process, do not hesitate to help you. If you divorced in another EU country before moving to Spanish territory, Spain will automatically recognize this divorce (without the need to formalize an additional step). And that`s because Spain has agreed to be part of the Hague Marriage Convention. The divorce or separation agreement also includes the type of custody the parents will have over the minors.