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Alleging grounds for divorce Spain

Most countries have varying rules and procedures when it comes to the process for applying for a divorce. Usually this is on the basis of socio-religious grounds and it may be argued that a countries moral and religious norms are reflected in the requirements it enacts for a divorce to be applied for and approved.

Prior to 2005 the legal rules in Spain made it obligatory to offer appropriate grounds for making an application for a divorce. Spain has, however, passed new legislation (Ley 15/2005) which utterly renewed this entire tract of family law and in addition, in so doing, did away with a lot of the old obligations.

For that reason it is no longer imperative to be dependent on the normal allegations drawn on pre-2005 such as drug addiction, alcoholism, infidelity and cessation of matrimonial cohabiting. Now it is merely imperative that three months have passed from the time the marriage took place in order for a divorce to be applied for by either or both of the spouses. No motives are required besides an inclination by one or both of the spouses to part company.

The justification behind the changes was to streamline the system and bring a scintilla of modernity to the fundamental essence of the law in this area. So, either or both of the spouses may write a petition for a divorce and, if there be an agreement as to the important issues therein, may reach the prerequisites for a new process established by the legislation, that is normally known as Express Divorce.

‘Express divorce’ permits a faster, less expensive and simpler mechanism for a couple to divorce. A vital element of the Express Divorce mechanism is that there be an accord between the spouses, both as to the need to dissolve the marriage as well as to the precise specifics of the divorce. This takes the form of a written and signed agreement or Convenio.

When these issues have been agreed then it is just a matter of employing a lawyer who will write up the agreement formally in the form of a Convenio and have this submitted to the relevant court with the required additional documentation.