Since the entry into force of the Voluntary Jurisdiction Law in 2015, couples who meet certain requirements can divorce directly before a notary, without needing to initiate court proceedings. This option is reserved for divorces by mutual agreement where there are no minor children who are not emancipated or adult children with judicial support measures attributed to their parents. Furthermore, at least three months must have passed since the celebration of the marriage, and the assistance of a lawyer is mandatory.
“"Divorce before a notary is not just a matter of speed. For many couples, it offers the possibility of closing a chapter of their lives simply, with all legal guarantees and without having to go to court."
In Madrid, law firms specialising in Family Law such as Civilis Abogados have incorporated notarial divorce into their usual services. Its head, Alejandro Gilabert, a lawyer registered with the Illustrious Bar Association of Madrid since 2006, has twenty years of professional experience. As he explains, one of the keys to this procedure is the prior preparation of the regulatory agreement, which allows the agreements reached by the spouses to be recorded and the signing before a notary to be organised. In his firm, Gilabert personally handles the legal preparation and accompanies clients during the signing.
“"The important thing is not just to divorce quickly, but to do it well. A clear regulatory agreement, which correctly records the spouses' agreements, is fundamental to avoiding future problems. That is why the lawyer's work begins long before reaching the notary's office."
One of the main advantages of notarial divorce is the reduction of deadlines. When there is an agreement between the spouses and all documentation is available, the signing can be organised in approximately one week, depending on the notary's availability. It is also important to know the total cost of the procedure in advance, including professional fees and notary expenses. In this regard, Civilis Abogados offers its notarial divorce service in Madrid for a total of 420 euros for simple cases, with lawyer, notary, and VAT included, preventing clients from having to hire and pay for both services separately.
Notarial divorce does not replace court proceedings in all cases, but it offers an alternative for those couples who meet the legal requirements and have reached an agreement. Once the regulatory agreement has been prepared, the spouses appear before a notary, assisted by a lawyer, to formalise the public deed of divorce. This is an option that, when circumstances permit, facilitates a swift solution without sacrificing professional advice or the legal guarantees required by law.
