Divorce by mutual agreement in Malaga: procedure, advantages, and documentation

A divorce by mutual agreement in Malaga is the fastest, most economical, and least conflictive way to legally dissolve a marriage. At our law firm in Malaga, we recommend this option whenever possible, as it avoids lengthy legal proceedings and protects the emotional stability of the children.

Advantages of divorce by mutual agreement in Malaga

Opting for a divorce by mutual agreement in Malaga offers multiple advantages:

• Avoids a contentious and prolonged judicial procedure.
• Reduces costs and resolution times.
• Allows all terms to be agreed upon consensually.
• Promotes a climate of respect, especially beneficial if there are minor children.

It is essential that everything is in writing and well regulated through a legally binding regulatory agreement.

What should the regulatory agreement include? (Art. 90 of the Civil Code)

Article 90 of the Civil Code establishes the minimum content of the regulatory agreement:

• Parental authority and custody arrangements.
• Visitation schedule for the non-custodial parent.
• Distribution of school holidays and holidays.
• Visitation schedule for grandparents (optional).
• Attribution of the use of the home and household goods.
• Child support and extraordinary expenses for the children.
• Economic compensation between spouses, if applicable.
• Distribution of common expenses and possible debts.

Documentation needed to file for a divorce by mutual agreement

To process a divorce by mutual agreement in Malaga, the following documentation must be submitted to the court:

• Literal marriage certificate.
• Birth certificates of the children (if any).
• Certificate of registration.
• Regulatory agreement signed by both parties.
• Marriage agreements, if they exist.
• Relevant economic documentation (payrolls, IRPF…).

Judicial process of divorce by mutual agreement

The judicial procedure for a divorce by mutual agreement is simple and consists of the following phases:

1. Filing of the mutual agreement claim with the family court.
2. Summons of both spouses to ratify the regulatory agreement.
3. Obtaining the divorce decree in a matter of days.
4. Registration of the judgment in the Civil Registry for full legal effect.

In our office, we take care of the entire process, including the subsequent registration.

Conclusion: the best option for a quick and conflict-free divorce

A divorce by mutual agreement in Malaga is the best way for those who wish to dissolve their marriage without litigation, agreeing to all terms reasonably and with full legal certainty.

If you are considering initiating this procedure, contact our team. We will advise you from the first moment, draft your regulatory agreement, and manage the entire process professionally and closely.