![]() What information must be included in the divorce settlement agreement before the notary?Īs we have already mentioned, a notarial divorce can take place under very specific circumstances. Likewise, the lawyer representing the couple must also present his or her ID card to the notary, as well as documents proving that he or she is a member of the bar and is authorised to practise his or her profession. The certificate of census registration of the spouses in the family home.The divorce agreement agreed between the parties.The certificate of matrimonial registration in the Civil Register.The birth certificate of the said children, if any.The DNI of both spouses and, if there are any, of the children of legal age or emancipated minors, provided that they have to appear before the notary by virtue of the above.On the other hand, we also have to talk about the documentation that must be presented to the notary in order to execute the divorce. If both parties, even if they meet the aforementioned requirements, do not reach an agreement to proceed with the divorce, they will have to resort to the courts. To this must be added the most important factor: mutual agreement. By this we mean that it is not a procedure that can be delegated by virtue of representation to a third party. It is compulsory for both spouses to appear before the notary to sign the divorce deed. ![]() The couple may choose the notary who is most convenient for them within the same municipality in which they jointly resided.In fact, he or she must also sign the divorce deed. The assistance and presence of a lawyer for divorce by mutual consent is compulsory.The effects of the divorce must also be specified in the deed. The spouses must express their will to separate by means of the divorce deed.This is particularly common in the case of children over 18 years of age who still live in the family home. In the event that there are children of legal age or emancipated minors, they will have to endorse with their signature those measures that affect them.Nor descendants in a situation of dependency due to judicially recognised incapacity. There cannot be any unemancipated minor children.At least 3 months must have elapsed since the celebration of the marriage.In it, reference is made to article 87 of the Civil Code with the purpose of establishing the necessary requirements to carry it out. The possibility of proceeding with the separation by mutual agreement before a notary has been contemplated since the publication of Law 15/2015, on Voluntary Jurisdiction. This is mainly due to the fact that it considerably speeds up the process, so that it can be carried out in a few days provided that there is mutual agreement and without the need for the parties to appear before a judge.īut how is an express divorce before a notary public carried out? It is advisable to go to a divorce lawyer, and in any case, we will explain everything here. Notarial divorce is what is popularly known as ' express divorce'. Claims for payment of amounts and unpaid debts.
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