Consensual Divorce in Spain: Step-by-Step Guide (Arts. 86-89 CC) : Lexiel

# Consensual Divorce in Spain: Step-by-Step Guide

Consensual divorce is the fastest and least costly way to dissolve a marriage in Spain when both spouses agree. Governed by Arts. 86-89 of the Civil Code and Arts. 769-778 LEC, this procedure can be resolved in weeks rather than the months or years a contested divorce can take.

When Can You Apply for Consensual Divorce?

Since Law 15/2005, prior separation is not required: divorce may be applied for directly. The only time requirement is that three months must have passed since the marriage (Art. 86 CC), with an exception where there is a risk to the life, physical integrity, freedom, moral integrity or sexual freedom of the petitioning spouse or children.

The Regulatory Agreement: The Key Document

The central element of consensual divorce is the regulatory agreement (convenio regulador, Art. 90 CC), which must contain at minimum:

Mandatory content when there are minor or incapacitated children:

Custody regime: shared or sole, with holiday period allocation
Visitation schedule for the non-custodial parent
Child support (pensión alimenticia): amount, frequency and update mechanism (typically CPI)
Attribution of use of the family home and household contents

In all cases:

Liquidation of the matrimonial property regime (if community property or participation regime existed)
Compensatory allowance for the spouse who suffered economic imbalance due to marriage (Art. 97 CC)
Allocation of jointly-held assets

Procedural Routes: Notary or Court

Since 2015 (Voluntary Jurisdiction Act), if there are no minor or judicially-incapacitated children, divorce can be formalised before a Notary by public deed, without going to court. This is much faster, it can be done in days.

If there are minor children, going to the First Instance Court (Family Court in provincial capitals) is mandatory. The Public Prosecutor intervenes to protect the children's interests.

Key Economic Aspects

Compensatory allowance (Art. 97 CC)

Applies when divorce creates an economic imbalance for one spouse. Factors: marriage duration, family dedication, lost career opportunities, age and health. May be agreed as periodic payments or a one-off. Supreme Court case law requires the imbalance to be caused by the marriage, not by prior or personal factors.

Child maintenance

The amount cannot be zero if the parent has income. The CGPJ publishes indicative tables based on parents' income and number of children. Updated annually by CPI and modified when circumstances change.

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