If you have found your way here, it is because you want to get divorced as soon as possible and with the least possible strain. That is a reasonable wish and, in many cases, perfectly achievable. On this page we tell you plainly what the so-called express divorce is, when you can take advantage of it and what realistic timeframes to expect, so you know exactly where you stand before taking the step.
What is an express divorce?
Let’s start with the key point: an express divorce is not a separate procedure that exists in law. It is the everyday way of referring to a mutual-consent divorce handled swiftly. When both spouses agree on the terms of the break-up, the process is simplified and shortened enormously compared with a divorce fought out in court.
Since Spain’s Law 15/2005 you no longer have to prove grounds or go through a separation first. All that is required is that three months have passed since the marriage (that period is only waived where there is a risk to the life or safety of either spouse or of the children). In other words, the “speed” does not come from a legal trick; it comes from there being an agreement and the settlement agreement being properly drawn up.
Requirements for an express divorce in Santander
To take the fast route you need, in essence, three things:
- Agreement between the two of you. If you both want to divorce and you settle the terms, the express route is available. If one of you objects or there is no meeting of minds, the matter becomes contested.
- A settlement agreement (convenio regulador). This is the document that sets out the new arrangements: use of the family home, maintenance (child maintenance and, where applicable, spousal maintenance), custody and the contact arrangements if there are children, and the division of shared assets.
- A solicitor and a court agent. On both routes the spouses must be assisted by a solicitor; on the court route a court agent (procurador) is also involved. As it is by mutual consent, you can share the same solicitor.
The more complete and realistic the settlement agreement, the less back-and-forth there will be later. That is the real accelerator of the process.
Before a notary or before a court: which applies to you?
There are two fast routes to a mutual-consent divorce, and the one that applies to you is not a free choice: it depends on your family situation.
Before a notary, by means of a public deed. This is the swiftest option, but it is only possible if you have no non-emancipated minor children and no children with a disability who need support measures. You both attend, assisted by a solicitor, the deed is signed and the divorce is formalised.
Before a court, with a mutual-consent petition and the settlement agreement. This route is compulsory when there are minor children, because the Public Prosecutor steps in to check that what has been agreed respects their interests. It is still a straightforward procedure compared with a contested case, but it adds a further step and depends on the court’s diary.
If your case involves children, it is worth reading how their rights are protected in our guide on separation with children: rights and legal steps.
“At BBM Abogados we defend the interests of individuals and businesses in Santander and Cantabria with a close, rigorous and fully transparent approach. If you have doubts about your case, we help you see it clearly.”
How long does it take and what do you need?
Now for the big question. We’ll be honest: there is no such thing as a divorce in 24 or 48 hours. What is real is this:
- Mutual consent with no children (notarial or court): usually resolved in a matter of weeks or a few months, depending on how quickly the settlement agreement is finalised and signed.
- Mutual consent with minor children: a little longer, because of the Public Prosecutor’s report and the court’s diary.
As for the paperwork, it is worth having to hand: the family record book (libro de familia) and the marriage certificate, the children’s birth certificates if there are any, both parties’ ID, information about your assets (home, accounts, vehicles, loans) and anything that helps set the maintenance figures. With all this on the table, the settlement agreement is drafted far more quickly.
And a clear word of warning so you are not caught out: if there is no agreement, the express route is not available. In that case you have to go down the contested route, which is longer and comes with a greater emotional cost. You can see the differences in detail on our page about the forms of divorce in Santander: amicable or contested.
How BBM Abogados helps you
On cost: we are not going to throw a random figure at you on a website. What an express divorce costs depends on whether it is notarial or through the court, on whether there are children and assets to sort out, and on the degree of agreement you start from. What we can guarantee is a clear, written, no-obligation quote after an initial conversation in which we get to grips with your case.
At BBM Abogados, a firm in Santander since 1990, we handle the whole process: we draft the settlement agreement so that nothing is left loose, we choose with you the fastest route that applies to you, and we take care of the formalities before the notary or the court. Our aim is for your divorce to be swift, orderly and with the least possible strain for you.
You can find out about all our work in family matters in our separations and divorces area.
Want to start today? Call us on 942 36 10 48 or write to us via our contact page. We’ll look at your case, tell you honestly which route applies to you and give you a clear quote so you know exactly where you stand.