Express divorce is the dissolution of marriage, regardless of the form of celebration of this union, without the need for it to be done by judicial authority.
Express divorce is a procedure that speeds up this process of marital breakdown. This type of divorce can only be carried out if it is by mutual agreement.
For this divorce, it will be necessary for the spouses to present a regulatory agreement by mutual agreement. If the divorce is contentious (only one spouse wants to dissolve the conjugal bond), there is no possibility of an express divorce.
In this type of divorce, the spouses may be represented by the same lawyer. This express divorce, like the ordinary divorce, will produce the dissolution or disappearance of the marriage bond. Its effects will begin as soon as the notary approves this divorce.
In the event that the mutual agreement is truncated, the judicial process will be used to carry out this divorce contentiously.
Divorce – Express divorce – Annulment – Separation
Divorce is different from the process of annulment of marriage and separation.
The nullity of the marriage means that the conjugal bond never existed from the beginning, due to certain anomalies such as the incapacity of the spouses or the form of the marriage that was not correct.
In summary, if any of the requirements required for the celebration of a valid marriage is not met, this annulment must be processed before the judicial authority.
Marital separation is the rupture of marital coexistence, but it does not break the conjugal bond. On the other hand, the marriage is valid from its celebration and produces its effects normally.
Divorce is the breaking of the conjugal bond, although this does not mean that there was any anomaly or error in the celebration of the marriage. The express divorce constitutes the rupture of the conjugal bond, but without judicial process, being an agile procedure before a notary.
types of divorce
In Spain we find three types of divorce depending on the authority that declares them, but always with the same effects:
- Judicial divorces: It may be requested at the request of a spouse, of both or of only one with the consent of the other.
- Divorce decreed by court clerk: The spouses may agree to their divorce by mutual agreement through the formulation of a regulatory agreement before the court clerk.
- Divorce decreed by a Notary or express divorce: The spouses may agree on their divorce by mutual agreement by formulating a regulatory agreement before the notary public by means of a public deed.
In order for this type of divorce to take place by mutual agreement in Spain, the following assumptions must be met:
- Absence of minor children: Whenever there are minor children, the divorce cannot be authorized by a notary and must be submitted to a judicial process. This is so because the prosecution must be present to ensure the interests of minors.
- Minimum of three months of duration of the marriage to attend this procedure.
- They must present a joint regulatory agreement by mutual agreement: this agreement must record how the marital partnership is dissolved: housing, trousseau, financial resources, etc.