Divorce in Murcia: Cost and Duration
If you are considering getting a divorce in Murcia, it is normal to be concerned about two practical issues: cost and time. In Spain, divorce does not require stating a cause since the reform of 2005 and, as a general rule, can be requested three months after marriage (art. 86 of the *Código Civil* (Civil Code)), except in cases of risk to the life, integrity, or freedom of the spouse or children.
Below, we explain the available options, actual timelines in Murcia, and how much each option typically costs.
Divorce Options in Spain
- Mutual Consent Divorce before Notary (art. 87 CC and Law 15/2015 on Voluntary Jurisdiction): only if there are no minor children or those with judicially modified capacity in charge. Requires legal assistance and elevating the regulatory agreement to a public deed.
- Mutual Consent Judicial Divorce: when there are minor children or those with modified capacity, or if it is preferred to process in court. The regulatory agreement must be approved by the Court and the Public Prosecutor informs in the protection of minors (art. 90 CC).
- Contentious Divorce: when there is no agreement on custody, use of the home, alimony, division of assets, etc. It is resolved in court with the presentation of evidence.
How Long Does a Divorce Take in Murcia?
- Mutual Consent before Notary: if all documentation is ready, the signing can be obtained in a few days from the appointment (usually 3–10 days to secure a slot). Registration in the Civil Registry usually takes an additional 1–3 weeks.
- Mutual Consent Judicial (with or without children): in the Courts of Murcia, the usual timeframe is 1–3 months from submission to approval of the agreement, depending on the scheduling and workload.
- Contentious Divorce: 6 to 12 months is a common range. If there are expert reports, psychosocial evaluations, or high litigation, it may extend to 12–18 months. The response to the claim is generally submitted within 20 business days from notification.
- Provisional Measures: if requested, they can be agreed upon in a few weeks, providing urgent coverage for custody, use of the home, and alimony while the main procedure is resolved.
Note: the timelines are indicative and depend on the competent court, complexity of the case, and availability of scheduling (ratifications, evidence, experts, etc.).
How Much Does It Cost to Get Divorced in Murcia?
- Mutual Consent before Notary (without minor children):
- Lawyer fees: approx. 300–800 € depending on scope (agreement, asset advice, settlement of joint property).
- Notary fees: approx. 150–300 € for the deed and copies, depending on length.
- Civil Registry: residual fees/certifications.
- Mutual judicial agreement:
- Lawyer and representative: approx. 600–1,200 € in total with standard agreement.
- Possible extras: registration fees, certifications, copies.
- Contentious divorce:
- Lawyer and representative: approx. 1,500–4,000 € or more, depending on complexity, number of hearings, and appeals.
- Expert reports (psychological, real estate, economic, medical): 300–1,500 € each.
If there is a settlement of joint property or allocations involving real estate and loans, a public deed may be required, and processing of AJD (Documented Legal Acts) and/or mortgage novation may be necessary, with costs and rates depending on the regulations of Murcia and the banking institution. It is advisable to assess the tax implications of the allocations before signing the agreement.
Usual documentation
- ID/NIE and family book.
- Literal marriage certificate and, if applicable, birth certificates of children.
- Certificate of registration or residence in Murcia (territorial jurisdiction).
- Marriage capitulations, if they exist.
- Proposal for regulatory agreement (mutual agreement).
- List of assets, debts, and liabilities (housing, mortgage, vehicles, accounts).
Step by step of the mutual agreement divorce
- Feasibility consultation and definition of objectives (custody, visitation, housing, pensions, division).
- Drafting of the regulatory agreement according to art. 90 CC (*Código Civil* - Civil Code).
- Signing before a notary if there are no minor children; or submission to the court for approval if there are.
- Ratification, review by the Public Prosecutor when appropriate, and judicial or notarial approval.
- Registration in the Civil Registry and, where applicable, execution of property agreements (allocations, cancellations, changes in mortgage).
How to save time and costs
- Prepare complete documentation from the outset and establish clear and realistic agreements.
- Consider family mediation to resolve sensitive issues (custody, visitation, pensions, housing).
- Avoid ancillary debates in the main procedure; complex property matters can be separated or documented in a specific deed.
- Choose the appropriate route: notarial (if applicable) or judicial with an agreement to shorten timelines.
Frequently asked questions
- Do I need to wait three months from the wedding? Yes, except in cases of risk to the life, integrity, freedom, or sexual indemnity of the spouse or children (art. 86 CC).
- Can I get divorced before a notary if we have minor children? No. With minors or persons with modified capacity in charge, it must be processed through the court and with a report from the Public Prosecutor's Office.
- Is it mandatory to hire a lawyer? Yes. Both in a notary (mutual agreement) and in court (mutual agreement or contentious), legal assistance is required; in judicial proceedings, a procurator is also required.
- What happens to the family home? The use can be attributed to the children and the custodial parent, or resolved according to the interest most in need of protection. If there is a mortgage, it is advisable to coordinate with the bank regarding any assumption of debt or novation.
- Can I modify the measures afterwards? Yes, if the circumstances change substantially, through a procedure for modifying measures.
Divorce, inheritance, and asset planning
In many divorces, it is advisable to review wills, insurance beneficiaries, and the economic regime for future acquisitions. As a firm of family law attorneys and inheritance lawyers in Murcia, we can align your divorce agreement with proper succession and asset planning.
GVC Abogados: your trusted firm in Murcia
García Valcárcel & Cáceres (GVC Abogados) is a firm with a long tradition in Murcia, recognized for its close and technical approach. We handle family proceedings (divorces, measures, liquidation of joint property, mediation), as well as inheritances, real estate law, and civil liability. Our team combines procedural experience with experts when the case requires it, prioritizing quick and secure solutions.
- Address: Plaza Fuensanta, 3 – 6ºB, 30008 Murcia.
- Specialties: family law, inheritances, real estate, civil and commercial, medical negligence, administrative, criminal, and immigration.
- Values: experience, trust, quality, and integrity in service.
If you need guidance on how much a divorce costs and how long it takes in Murcia, contact us. We will analyze your case, provide you with a fixed budget, and a realistic timeline. GVC Abogados: lawyers in Murcia committed to your peace of mind and results.
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