Express Divorce in Murcia: Requirements and Procedure

The so-called "express divorce" is a mutual consent divorce, processed swiftly either before a notary (when there are no minor children) or before the Court (when there are). At GVC Abogados, a law firm in Murcia, we accompany you to ensure the process is quick, secure, and with a well-designed regulatory agreement.

Legal requirements for express divorce

• Minimum period of 3 months since the celebration of the marriage (*art. 86 del Código Civil* - *Article 86 of the Civil Code*). Exception: it is not necessary to wait if there is a risk to the life, physical or moral integrity, freedom, or sexual integrity of the spouse or children.
• Mutual agreement between the spouses and signing of a regulatory agreement (*arts. 82 y 90 del Código Civil* - *Articles 82 and 90 of the Civil Code*).
• Divorce before a notary (*Ley 15/2015 de Jurisdicción Voluntaria* - *Law 15/2015 on Voluntary Jurisdiction*, *arts. 82 y 87 CC* - *Articles 82 and 87 CC*): only if there are no minor children who are not emancipated or who have judicially modified capacity depending on the parents.
• If there are minor children or those with modified capacity: the divorce must be processed judicially with the intervention of the Public Prosecutor's Office.
• Mandatory intervention of a lawyer in both cases (notarial and judicial). In the judicial case, a solicitor also intervenes.
• Major or emancipated children: must give their consent to the measures of the agreement that directly affect them when appropriate (*art. 82 CC* - *Article 82 CC*).
• Territorial jurisdiction: notary of the last common residence or of the residence or habitual residence of either spouse; Court of the marital domicile or that of either spouse by mutual agreement.

Express divorce procedure before a notary in Murcia

Step by step

• Advice and drafting of the regulatory agreement with your family lawyer.
• Selection of the competent notary in Murcia (last common residence or that of either spouse).
• Signing of the public deed by both spouses, assisted by a lawyer. The notary will check the legal requirements and the adequacy of the agreement.
• If applicable, consent of the major or emancipated children regarding the measures that affect them.
• Submission of the deed to the Civil Registry for the annotation of the divorce in the marriage registration.

Common documentation

• ID/NIE and, if applicable, passport of both spouses.
• Literal certification of marriage (and of the birth of children, if any).
• Registration or documents proving the residence for notarial jurisdiction purposes.
• Regulatory agreement signed and reviewed by a lawyer.
• Asset documentation if the community property is liquidated or assets are distributed (for example, property deeds, simple notes, loans, etc.).

Deadlines and effects

This is a streamlined process: the appointment can be obtained in a few days depending on the availability of the notary and the parties. The effectiveness is immediate from the signing of the deed and its subsequent registration in the Civil Registry. The speed will depend on the preparation of the agreement and the coordination between spouses and the notary.

Mutual Agreement Procedure in the Court (if there are minor children)

Step by Step

• Drafting of the regulatory agreement with a trusted family lawyer.
• Filing of the mutual divorce petition before the competent court, represented by a solicitor.
• Report from the Public Prosecutor's Office regarding measures related to the minor children.
• Personal ratification of the agreement by both spouses in the court.
• Divorce decree and referral to the Civil Registry for registration.

Content of the Agreement with Minor Children

• Custody and care (exclusive or shared) and visitation and communication arrangements.
• Child support and extraordinary expenses.
• Use of the family home.
• Distribution of assets and debts (if the liquidation of community property is decided to be included).
• Compensatory alimony, if applicable.

Express Divorce and Liquidation of Assets

By mutual agreement, it is possible to liquidate the community property and distribute assets and debts in the same instrument (notarial deed or as a court-approved annex). For real estate, it is advisable to review encumbrances, registration descriptions, and taxation to avoid future issues.

Mutual Agreement Divorce vs. Contested Divorce

• Mutual agreement (“express”): faster, more economical, and predictable. Allows for a tailored agreement.
• Contested: when there is no agreement. Each party presents their proposal and the court decides. It usually takes longer and is more costly.

Frequently Asked Questions

Do I need a lawyer for the divorce before a notary?

Yes, legal assistance is mandatory. In the judicial process, a solicitor also intervenes.

Can we divorce before a notary if we have minor children?

No. If there are minor children or those whose capacity has been judicially modified who depend on the parents, the divorce must be processed judicially with a report from the Public Prosecutor's Office.

What happens with adult or emancipated children?

They must consent to measures that directly affect them (for example, use of a room, contribution to expenses), when applicable, before a notary or LAJ.

Do we always have to wait 3 months from the wedding?

Generally, yes. The law provides exceptions if there is evidence of risk to the life, physical or moral integrity, freedom, or sexual indemnity of the spouse or children.

How GVC Lawyers in Murcia Can Help You

GVC Abogados (García Valcárcel & Cáceres) is a law firm in Murcia with extensive experience in family law and inheritances. Since 1946, our firm combines experience, trust, and a close approach to effectively resolve mutual consent divorces and proceedings involving minors.

• Family law attorneys in Murcia: drafting solid agreements, custody, alimony, and liquidation of joint property.
• Comprehensive processing before the notary in Murcia or court, with guided calendar and documentation.
• Negotiation-focused approach and, when necessary, strong procedural defense.
• Asset vision: coordination with the civil-commercial area to distribute assets and optimize taxation.
• Close and prudent attention: each case is rigorously analyzed before proceeding.

In addition to family law, we have areas of civil liability and insurance, medical negligence, real estate, and successions, which allows us to comprehensively address the personal and asset-related aspects linked to the separation. If you are looking for "family law attorneys," "inheritance attorneys," or "attorneys in Murcia," we can help you.

Contact

Request a consultation at GVC Abogados: Plaza Fuensanta, 3 – 6ºB, 30008 Murcia. We will study the fastest route for your express divorce in Murcia and prepare a secure and sustainable agreement over time.