What you need to know about getting a divorce
Deciding to divorce is often part of a complex and emotionally challenging process. The need to reimagine your life after a separation brings with it a host of doubts and uncertainties that can feel overwhelming.
Your separation may require both legal and personal support:
That is why, drawing on our experience of accompanying clients through this process from a legal perspective, we have also brought in psychologists who work alongside our team in a strictly confidential capacity. They provide practical tools to help you make decisions that can be deeply personal and difficult.
From a legal standpoint, the key priority is to assess the consequences and implications of the divorce, so that you have a clear picture of what the outcome is likely to look like.
Nothing can prevent someone from seeking a divorce:
If you find yourself on the other side, that is, if you have been informed by your partner that they wish to divorce, it is important to understand that, even if you have no intention whatsoever of separating, you will ultimately have no choice but to accept the breakdown of the marriage. There is no legal right to remain married to someone against their wishes. In that situation, the most constructive course of action is, equally, to gather as much information as possible.
You need to think about the outcome you want:
The key information to gather relates primarily to what the law provides regarding the fate of assets acquired during the marriage, such as the family home, and, where there are children, what is established in relation to child maintenance, custody arrangements, and any spousal support or compensation payments, among other matters.
In short, the aim is to build as complete a picture as possible of the financial and personal landscape that will emerge after divorce. This requires thinking through many questions, including how the divorce will affect your future income tax return and what other tax implications may arise if jointly held assets are divided. You will also need to understand how shared costs, such as property tax (IBI), mortgage payments, home insurance, and community of owners fees, will be allocated once they are no longer split equally.
The first approach matters:
Once these initial considerations have been addressed, the next step is to assess whether reaching an agreement with the other party is feasible and, if so, on what terms. Getting this first approach right is crucial, as the decisions made at this stage will begin to shape the future of the person choosing to divorce.
To reach that agreement, contact with the other party will need to be established, either directly or through your legal representative. Referral to a family mediator is also an option worth considering.
Mediation is a worthwhile alternative to explore:
The mediator acts as a facilitator, helping to generate options, guiding the negotiation process, and supporting both parties throughout. They operate with complete neutrality, free from any external or internal pressure. Sessions arranged by the mediator may take place either separately with each party or jointly. If an agreement is reached through mediation, the mediator will record it in a formal document. That document must then be passed to the lawyer who originally referred the matter to mediation, so that they can use it as the basis for drafting the divorce settlement agreement.
Where no mediator is involved, the lawyer will lead the negotiation directly. In such cases, either a single lawyer may act as an intermediary between both parties, or each party may be represented by their own lawyer.
Once an agreement is reached, it must be set out in a regulatory agreement (convenio regulador), which must then be incorporated into a divorce ruling. To do so, it will be necessary to file a mutual consent divorce claim together with the aforementioned regulatory agreement.
If you would like more information, please visit this page on mediation.
If no agreement is reached, the matter must be resolved through the courts:
In a complex divorce, if reaching any agreement proves impossible, a contested divorce claim must be filed. In that scenario, it will be the judge who determines the terms of the divorce, taking into account the applicable legal and case law criteria.
The length of the entire process will vary depending on whether the divorce is by mutual consent or contested, and will also differ depending on the court handling the proceedings.
A mutual consent divorce may take around 5 months, while a contested divorce may take around 10 months:
In courts specialising in Family Law, as is the case in the Barcelona city jurisdiction, proceedings tend to move efficiently. A mutual consent process generally takes no longer than four to six months, while a contested process may last around eight to twelve months.
Our advice:
We strongly recommend making well-considered decisions from the outset of a divorce, as these lay the foundation for a more positive future following a separation. This is why having all the necessary information and proper guidance from the very beginning is so important.
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