Express divorce in Spain, 2026
What you need to know
Express divorce in Spain, 2026
What you need to know
When a couple decides to end their marriage amicably, one of the first questions that usually arises is whether there is a quick and easy way to do so. In Spain, the answer is clear: yes, through what is known as an express divorce.
This type of divorce has become the most common option in recent years as it avoids unnecessary conflict, reduces costs and shortens the time frame. Below, we explain, in a clear and practical way, what an express divorce consists of, when it is possible to resort to it and what aspects should be taken into account so that the process is not delayed.
What is express divorce?
Express divorce is a colloquial term for divorce by mutual consent, i.e. when both parties have decided to end the marriage and agree on the terms of the divorce.
Since the legal reform introduced by the Voluntary Jurisdiction Law, this type of divorce can be processed not only in court, but also before a notary, provided that certain requirements are met. This has been a significant change, as it allows the situation to be resolved in much less time.
Requirements
Requirements that must be met
- Mutual agreement between the spouses.
- At least three months since the marriage.
- Submission of a regulatory agreement, with the terms of the divorce.
- At least one of the spouses must be resident in Spain.
If any of these requirements are not met, it will be necessary to resort to legal proceedings.
Express divorce before a notary
Specific requirements
Notarial proceedings are undoubtedly the fastest. However, the law limits their use to very specific situations.
Divorce before a notary can only take place when:
- There are no minor children or persons with legally modified capacity.
- Both spouses appear in person.
- A solicitor is present.
In these cases, the divorce can be finalised in a matter of days once all the documentation has been prepared.
Is it possible to have an express divorce with children?
When there are minor children, an express divorce is still possible, but only through the courts. In these cases, the Public Prosecutor’s Office intervenes, whose function is to ensure that the measures agreed upon adequately protect the minors. This procedure is still much faster than a contested divorce.
The regulatory agreement, the key to the whole process
The real core of an express divorce is the regulatory agreement. This document sets out the terms that will stipulate the new situation of both spouses after the divorce.
Among other aspects, it usually regulates:
- Parental authority.
- Guardianship and custody.
- Visitation rights.
- Child support and possible compensatory allowance.
- Use of the family home.
- Contribution to marital expenses.
- Settlement of the matrimonial property regime.
The regulatory agreement must be tailored to each family, so a generic and vague agreement can cause problems in the medium and long term, making it essential to seek good legal advice.
Required documentation
To initiate an express divorce, the following is usually required:
- Full marriage certificate
- Certificate of residence
- ID card or passport of both spouses
- Family record book
- Birth certificates of children (if applicable)
- Signed settlement agreement
Do you need help with your express divorce?
Our solicitors specialising in family law can help you throughout the process.
Contact our team and we will guide you through your express divorce so that it is resolved quickly, appropriately and without complications.
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