Some expats come for a short stay and end up falling head over heels in love. Here's a guide to marriage, other kinds of partnerships - and divorce.

Marriage
Partnerships
Separation
Divorce

Marriage

Types of marriage

Under Spanish law, both civil and religious marriages are legal. People under 18 are not allowed to marry in Spain.

• Civil Marriages: The marriage must be solemnised by the judge in charge of the Civil Registry, by the town Mayor, or an authorised officer or the diplomatic officer of the Civil Registry abroad.
• Religious Marriages: Catholic, protestant and Jewish marriages may be celebrated in Spain. The certificate of marriage issued by the church after the ceremony must be registered with the Spanish civil registry in order to get an official marriage certificate.

Documentation required

If you are planning to marry in Spain, you will need the following documents:

• Passport
• Original birth certificate
• Application to marry form
• Proof two parties are single (A form can be obtained from the civil registry of your home country.)
• If previously married, the original final divorce decree or death certificate
• Certificate of residence: If you are non-resident, you may sign an affidavit before your consular officer
• Certificate of Consular Inscription: This can be obtained from your embassy or consulate.

A baptismal certificate is also needed when arranging Catholic marriages. The required documents must be presented to the priest performing the ceremony.

All documents from outside Spain must be officially translated into Spanish and authenticated by apostille.

Partnerships

Spanish law will recognise your relationship if you and your partner meet the following requirements:

• It must be an opposite-sex couple — in principle, same-sex couples are excluded
• You shall be stably cohabiting — living together in a de facto relationship
• You shall have common interests to maintain a family life together

Current Spanish law does not state the period of time unmarried couples must have lived together before becoming legally established. But the new Spanish Law of Urban Lettings (Ley de Arrendamientos Urbanos) provides that subrogation is possible between live-in couples if they had lived together for two years or had common descendants.

The live-in couple is entitled to settle the following:

• "De facto relationship articles" before a notary, in order to set up their property system which shall govern during their relationship and in the event of termination of it. These are similar to the articles of marriage
• Private contracts
• Bank contracts: granting of a loan, bank accounts, credit cards, etc
• Contracts with third parties: rentals, sale of assets, for example, to show that the couple shares common assets

Evidence of cohabitation

The following might provide a couple's evidence of cohabitation:

• Their domicile for tax purposes and registration with the town council
• Their common offspring
• Their family Book (Libro de Familia), which is issued by the Spanish Civil Register.
• Their registration at the De Facto Relationships Register Office (Registro de Uniones de Hecho), for which they make a public statement that they are together

Currently there are about 100 local Register Offices for live-in couples in Spain. They have different provisions for their registration.

Requirements for live-in couples to register:

• The cohabiters must have come of age or be emancipated minors
• They must be legally capable
• They must register with the town district where the Register Office is located.

Registration is not allowed for close relatives.

Termination of the relationship

The relationship may be terminated under any of the following circumstances:

• In case of death of one cohabiter
• By mutual agreement
• By unilateral decision of one cohabiter

The judicial authorities will solve any controversy arising about the liquidation of the couple's economic system. It will be necessary to present some evidence of their cohabitation and their economic system, which governed their relationship.

Separation

In the context of marital problems, the term "separation" is used in several different ways:

De facto separation
 
A husband and wife may decide to live separate and apart from each other, though they still continue with their marriage. The marriage can only be terminated by means of divorce or death of one of the spouses.

De facto separation may also occur in case of desertion — when one of the spouses has abandoned the family dwelling. The abandoning spouse may be deemed guilty of committing a crime for abandoning the spouse and children.

In these cases it is not the judge who intervenes in the separation of the spouses, but the couple decide to put an end to their marriage, whether temporary or definitively.

If you are willing to separate from your spouse, it is advisable either to file a petition for judicial separation (preferably by mutual agreement) or reach an agreement in writing covering: custody of children and rights of visitation, as well as financial support of the spouse and any other financial terms.

These terms must be drawn with the aid of a Spanish Lawyer. The document may serve to establish the grounds required for obtaining divorce.

Judicial separation

Separation by mutual agreement

The spouses may separate by mutual agreement when they have been married for one full year. In this case the spouses agree to live separate and apart from each other.

Whenever the spouses ask the judge for a legal separation order, a proposal of governing convention shall be attached to the petition.

The court procedure for separation by mutual agreement is quick and simple.

Litigious separation

In this case, one of the spouses files a petition for judicial separation.

Grounds to separate from your spouse include:

• Abandonment of the spouse
• Adultery
• One of the spouses has been condemned to imprisonment for a period of time that exceeds six years
• Voluntary separation of the spouses for six months, separation for three years, separation for a time period of two years since declaration of absence of one spouse has been issued
• Violation of conjugal duty
• Addiction to alcohol.

The court proceeding for litigious separation is long and complex. Depending on the circumstances of the case, before starting the separation court proceeding, temporary measures regarding the matrimonial property, custody of children, support and alimony may be set up.

Divorce

General information

A petition for divorce can be filed with the court on the following grounds:

• If the parties to the marriage have lived apart for a continuous period of one year immediately preceding the presentation of the petition for separation by mutual agreement.
• If the parties to the marriage have lived apart for a continuous period of one preceding the presentation of the petition for Litigious Judicial Separation. During this time period, a sentence for judicial separation must not have been determined. In the contrary, the sentence shall state the separation of the parties.
• If the parties to the marriage have lived apart for a continuous period of two years: either since the spouses had given their consent to de facto separation, since the court decree determined the judicial separation, or since the declaration of absence of one of the spouses.
• If the parties to the marriage have lived apart for a continuous period of five years, under petition of any of the spouses.
• If one spouse had been condemned of making an attempt on the life of the other spouse or relatives.

Be aware that problems may arise when trying to prove that the parties to the marriage have been living apart.

Types of divorce

Uncontested divorce

The court procedure to get divorced by mutual agreement is quick and simple. The petition for divorce must be filed together with the governing convention.

The petition must contain the grounds on which the divorce is based. Normally these grounds are either the fact it has been one year since the separation sentence was passed, or the voluntary separation for two years.

Contested divorce

In this case the divorce petition is filed by only one of the parties to the marriage. The court procedure is long and complex.

Depending on the circumstances, before starting the divorce procedure, provisional measures may be set up in order to make property settlement, child custody, spousal support and alimony arrangements.

Legal requirements to get divorced in Spain

You may get divorced in Spain only if you comply with any of the following requirements:

• If you and your spouse are Spanish residents at the time of filing for divorce
• If you and your spouse are Spanish nationals, in case of divorce by mutual agreement, wherever you are located
• If you are the plaintiff, you are a Spanish national and resident in Spain
• If you are the defendant, you are a Spanish resident, regardless of your nationality

These are only general guidelines and not definitive statements of the law. All questions about the law's applications to individual cases shall be directed to a Spanish lawyer.

Article by iAbogado Servicios Jurídicos SL (Madrid, Spain). Visit www.SpainLawyer.com for more original content like this.