Can I get divorced quickly?
Yes, especially by mutual agreement. In Spain you don't need to state a cause to divorce, and it's enough that 3 months have passed since the marriage (no period if there's a risk to life or integrity). The fastest route is mutual-agreement divorce: if there are no minor or dependent children, it can be done before a notary (by public deed) or before the court clerk, with a lawyer, and settled in a few weeks. If there are minor children or persons with modified capacity, the divorce must be judicial (approved by the judge, with the prosecutor's report). The regulating agreement sets the division of assets, custody and maintenance.
📋 The rules
- No cause needed; just 3 months of marriage
- Mutual agreement without minor children: before a notary or court clerk
- With minor children or dependents: judicial divorce
- Always with a lawyer (and a court agent in the judicial route)
- The regulating agreement sets assets, custody and maintenance
🔓 Exceptions
- Without agreement between spouses: contested divorce before the judge
- Adult children financially dependent: may require the judicial route
- Family mediation: can help reach a prior agreement
⚠️ Penalties & fines
Divorce carries no 'penalty', but effects to organise: division of assets per the economic regime (community or separation of property), custody and the visitation regime for the children, maintenance and, where applicable, the compensatory pension. A poorly drafted regulating agreement is hard to change later. With no agreement or in conflict (e.g. violence), the contested divorce and protective measures are the right route.
📎 Official sources
- BOE · Civil Code (separation and divorce) →
- Administración · Separation and divorce →
- General Council of Notaries · Divorce before a notary →
❓ Frequently asked
What's the fastest divorce?
Mutual agreement with no minor or dependent children, which can be done before a notary or the court clerk, with a lawyer, and settled in a few weeks. No cause is needed, after 3 months of marriage.
Do you need a lawyer to divorce?
Yes, in all cases. In a mutual-agreement divorce before a notary, one lawyer assisting both is enough. The judicial route also needs a court agent. Professional involvement is mandatory.
Can I divorce before a notary?
Yes, if it's by mutual agreement and there are no minor or dependent children. You sign a public divorce deed with the regulating agreement, assisted by a lawyer. It's a quick route without going to court.
And if there are minor children?
The divorce must be judicial: approved by the judge, with a report from the Public Prosecutor protecting the minors' interest. The regulating agreement sets custody, the visitation regime and maintenance.
Do I need to state a cause?
No. Since the 2005 reform, no cause is needed to divorce. It's enough that 3 months have passed since the marriage (no period if there's a risk to the life or integrity of a spouse or the children).
🔎 Common searches
What people search to land here:
- “mutual agreement divorce fast”
- “divorce before notary no children”
- “judicial divorce minor children”
- “lawyer mandatory divorce”
- “regulating agreement divorce”
- “divorce no cause 3 months”