Express Divorce Agreement Spain (Acuerdo de Divorcio Exprés)

An Express Divorce Agreement Spain (Acuerdo de Divorcio Exprés) is a joint petition and regulatory agreement (demanda conjunta de divorcio con convenio regulador) by which both spouses present a consensual divorce request to a Spanish court or notary, accompanied by a convenio regulador (regulatory agreement) addressing all ancillary matters — child custody, parental authority, alimony, spousal support, use of the family home, and liquidation of the matrimonial property regime. The express divorce procedure in Spain was introduced by Ley 15/2005, de 8 de julio, by which the former three-year separation requirement was eliminated and divorce became accessible after just three months of marriage, with no requirement to allege any cause (divorcio sin causa or divorcio incausado) under the reformed Article 86 of the Código Civil (1889).

The Ley 15/2005 fundamentally transformed Spanish family law by establishing divorce as a unilateral right — either spouse may request divorce after three months of marriage regardless of whether the other spouse agrees or whether any fault, separation, or marital breakdown can be demonstrated. The reform abolished the prior requirement of a legal separation (separación legal) as a prerequisite to divorce, aligning Spain with the majority of EU Member States. Article 86 of the Código Civil now simply provides that divorce is decreed by the judge at the petition of either or both spouses, with only the three-month minimum marriage duration as a precondition.

Where both spouses agree on divorce and on all ancillary matters, the Express Divorce Agreement (divorcio de mutuo acuerdo) proceeds through an expedited consensual pathway. Under Article 777 of the Ley de Enjuiciamiento Civil (Ley 1/2000), spouses who have agreed a convenio regulador may present a joint petition (demanda conjunta) to the Juzgado de Primera Instancia (in Madrid and Barcelona, the Juzgado de Familia) requesting divorce approval. The judge reviews the convenio regulador to confirm it does not harm either spouse, does not prejudice the interests of minor children, and complies with mandatory legal provisions — if approved, the divorce is decreed by auto (court order).

Since the reform introduced by Ley 15/2015 de la Jurisdicción Voluntaria, divorcing spouses without minor children or dependent children may bypass the courts entirely and proceed before a Notario (notary) under Article 82 of the Código Civil — the notary certifies the divorce in an escritura pública (notarial deed) and communicates the dissolution of the marriage to the Registro Civil (civil registry) for annotation. This notarial pathway (divorcio notarial) has proved significantly faster — typically two to four weeks — than the judicial pathway, which varies from two to six months depending on the jurisdiction.

The convenio regulador that accompanies the Express Divorce Agreement is the central document governing the spouses' post-divorce arrangements. Under Article 90 of the Código Civil, the convenio regulador must address: the exercise of parental authority (patria potestad) and custody (custodia) of minor children; visitation and communication rights of the non-custodial parent; alimentary obligations to minor children (pensión de alimentos) under Articles 142–154 CC; compensatory payment to the economically disadvantaged spouse (pensión compensatoria) under Article 97 CC; use and enjoyment of the family home (vivienda familiar) under Article 96 CC; and liquidation of the matrimonial property regime (liquidación del régimen económico matrimonial) under Articles 1392–1410 CC for couples under the régimen de gananciales (community of acquisitions), or under the applicable regional law for Cataluña, Aragón, Navarra, País Vasco, Galicia, or Baleares, which have their own foral civil law regimes.

An Express Divorce Agreement Spain is required whenever both spouses residing in or subject to Spanish law wish to dissolve their marriage through a consensual divorce procedure under Código Civil Article 86 and Ley 15/2005, having reached agreement on all ancillary matters affecting their separation.

The agreement is needed when spouses have been married for at least three months — the minimum duration under Article 86 CC — and both agree to divorce and to the terms of the convenio regulador governing their post-divorce arrangements, enabling the expedited mutual consent pathway under Article 777 of the Ley de Enjuiciamiento Civil.

An Express Divorce Agreement is required when the spouses have no minor children (menores de edad) or dependent children (hijos dependientes) and wish to use the notarial pathway (divorcio ante notario) under Article 82 CC and Ley 15/2015 de la Jurisdicción Voluntaria, which offers a faster and less costly alternative to judicial divorce proceedings before the Juzgado de Familia.

The agreement is needed when spouses have already been living separately and want to formalise the divorce and its consequences — particularly the liquidation of the régimen de gananciales (community property regime under Articles 1392–1410 CC or the applicable foral regime — without the delays and costs of contested divorce litigation (divorcio contencioso).

An Express Divorce Agreement is required when international couples — where one or both spouses are nationals of EU Member States — wish to designate Spanish law as the applicable law under EU Regulation 1259/2010 (Rome III) on the law applicable to divorce and legal separation, which allows spouses to choose the law of the country of their habitual residence or nationality.

The agreement is also needed when foreign nationals legally resident in Spain (with residencia legal) wish to dissolve a marriage contracted abroad — Spanish courts and notaries have jurisdiction under Regulation (EU) 2019/1111 (Brussels IIb) where both spouses habitually reside in Spain, and the Express Divorce Agreement provides the necessary convenio regulador for the Spanish judicial or notarial dissolution process.

Parties in Spain should prepare a Express Divorce Agreement Spain (Acuerdo de Divorcio Exprés) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Spanish law, the Código Civil governs marriage (Article 66), divorce (Article 81), custody (Article 92), and maintenance (Article 142). The Ley Orgánica 1/1996 (LOPJM) protects minors. The Registro Civil records births, marriages, and deaths. The Ley 15/2015 de Jurisdicción Voluntaria governs non-contentious proceedings. The Ley Orgánica 1/1982 protects fundamental rights including image and privacy. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Express Divorce Agreement Spain under Código Civil Articles 86–90 must contain the following essential elements to satisfy the judicial or notarial approval requirements and to protect the rights of both spouses and any children.

Spouse Identification: Full legal names, DNI/NIE numbers, current residential addresses, and nationality of both spouses. Date and place of marriage, the civil registry (Registro Civil) where the marriage is inscribed, and the name and birth date of any children of the marriage — minor, adult, or dependent.

Mutual Consent Declaration: An express declaration by both spouses of their free and voluntary consent to divorce (consentimiento libre y voluntario al divorcio) without coercion, in compliance with Article 86 CC and Ley 15/2005 — confirming that at least three months have elapsed since the marriage date.

Parental Authority and Custody: Where minor children exist, the agreement must specify the exercise of patria potestad (parental authority) — whether joint (compartida) or exclusive — and the custody arrangement (custodia compartida or custodia monoparental) in accordance with Article 92 CC and Ley Orgánica 1/1996 de Protección Jurídica del Menor. The Tribunal Supremo's case law (STS 29 April 2013 and subsequent rulings) has established shared custody as the preferred arrangement where both parents are capable and have been involved in the children's upbringing.

Visitation and Communication Rights: The régimen de visitas (visitation schedule) for the non-custodial parent — regular visits, overnight stays, holiday distribution, and special occasions — consistent with the child's best interests under Article 2 of Ley Orgánica 1/1996 and the approach of Juzgados de Familia.

Child Maintenance (Pensión de Alimentos): The monthly child support payment (pensión de alimentos para hijos) under Articles 142–154 CC, covering ordinary expenses (alimentación, vestido, educación, salud) and any extraordinary expenses (gastos extraordinarios). Maintenance must reflect the children's needs and each parent's economic capacity under Article 146 CC, with an annual adjustment clause indexed to the Índice de Precios al Consumo (IPC) published by the Instituto Nacional de Estadística (INE).

Spousal Support (Pensión Compensatoria): Any compensatory pension (pensión compensatoria) payable to the economically weaker spouse under Article 97 CC where the divorce produces a significant economic imbalance (desequilibrio económico) — specifying the monthly amount, duration (temporal or indefinite), and conditions for modification or extinction, particularly upon remarriage or cohabitation under Article 101 CC.

Family Home Assignment: The arrangement for use and enjoyment of the vivienda familiar (family home) under Article 96 CC — typically awarded to the custodial parent and children, or allocated through sale and proceeds distribution. Where the home is mortgaged, the agreement must address the outstanding mortgage (hipoteca) and which spouse assumes the mortgage obligation, noting that mortgage liability to the bank is not altered by the convenio without the bank's consent.

Liquidation of Matrimonial Property Regime: The division of community assets and debts under the régimen de gananciales (Articles 1344–1410 CC) or the applicable foral regime — listing each asset and its assigned owner, the valuation method (valor de mercado), and the date of effect of the division. For properties (inmuebles), the liquidation must be executed as an escritura pública and registered in the Registro de la Propiedad under the Ley Hipotecaria.

Forms-legal.com provides this Express Divorce Agreement Spain template as a practical starting point. Every divorce agreement should be reviewed by a qualified abogado de familia before submission to the Juzgado de Familia or notary — the convenio regulador has long-term financial and parental consequences, and professional legal advice protects both parties' rights under the Código Civil and applicable foral law.