Divorce by notary is a simple, convenient and fast procedure. Do you know what it consists of? Read on!
Divorce by notary is a procedure whose objective is to dissolve the marriage bond. It is the same case as if it were processed in a court of law. Many people believe that if it is done by notary it will not have legal validity but it is not true.
Whether we manage it through the notary’s office, as if we do it through the court, the effect is the same. In the notary’s office, the assistance of a lawyer is compulsory. At the court, the assistance of the solicitor is also compulsory.
In the case of a marriage without minor children or if we do not have assets in common. This is the best option.
What documentation will the notary ask for? The notary will ask us mainly for the following documentation: The identification document of the spouses, the marriage certificate, the Regulatory Agreement (document to be drafted by the Lawyers) and the census forms.
Many clients ask us the reason why they ask for the census forms, and the reason is that the notary will check if he/she can take it or not. This will depend on whether where the notary is located coincides with the place of registration of the spouses, or coincides with their last common domicile.
Once we have all the documentation prepared, an appointment can be made at the notary’s office. The appointment can be given practically from one week to another. Therefore, with this procedure what we gain is agility.
Before doing so, the notary will check that it is indeed a divorce by mutual consent, that more than 3 months have passed since the spouses were married and that there are no minor children or children with modified legal capacity, for example.
At the same appointment, the notary will read the terms of the divorce agreement and the parties must state that they want to divorce. Finally, we will have the Deed of Divorce and the next step will be that the notary must send everything to the Civil Registry.
Notary fees vary depending on the case, but are usually around 300 euros. These fees will be in addition to the lawyer’s fees.
If you are interested in managing your divorce fast, agile and comfortable, do not hesitate to contact us.
ANNA NICOLÀS TORÁN
Family Lawyer
M&CAbogados.
