Divorces and Separations
Divorces and Separations
At Legal Boutique Ibiza, we understand that divorce is one of the most complex decisions a person can make. We provide expert legal advice to guide you through the various types of divorce, whether by mutual consent or contested proceedings, always prioritising our clients’ interests and seeking swift and fair solutions. We support you at every stage of the process, from filing the petition to the final resolution, with the aim of minimising emotional and financial costs as well as legal complications.
We handle the entire procedure, from drafting settlement agreements to defending your financial and family rights. Our objective is to achieve a fair and balanced outcome, ensuring the well-being of children and addressing the needs of each family member.
- Advice on Divorce by Mutual Consent: At Legal Boutique Ibiza, we guide you through the entire divorce process, whether by mutual consent or through contentious proceedings. In the case of judicial divorce by mutual consent, the procedure is conducted before the court and typically lasts around 3 months. This type of divorce begins with the filing of a petition accompanied by a Regulatory Agreement, which reflects the agreements reached between the parties. A date is then set for ratification, a straightforward procedure where both spouses confirm before the judge that they agree with the signed agreement (without the need for a trial). Finally, the process concludes with the issuance of a judgment.
- Advice on Contested Divorce Proceedings: When the parties cannot reach an agreement, it is necessary to initiate court proceedings so that a judge can determine the family-related measures. This process can take several months or even years, depending on its complexity and whether the division of shared assets is required. The procedure begins with the filing of a petition, to which the other party must respond. A hearing is then held, after which the judge issues a final ruling.
- Divorce Before a Notary: This process allows you to dissolve the marriage quickly and easily. It is a fast and convenient option, as it can be completed within a few weeks, offering the flexibility to choose a date and time that suits your schedule for the signing before the notary. It is important to note that this type of divorce requires mutual consent and is only available if there are no minor or financially dependent adult children.
- We provide continuous support from the initial filing of the petition to the final resolution of the case.
- Negotiation of Agreements for a Quick and Conflict-Free Solution
- Defence of Your Interests and Protection of Your Rights at Every Stage
Key Differences Between Divorce, Separation, and Parental Responsibility Orders
Parental Responsibility Orders:
These orders govern the arrangements for children whose parents are not married. Children have the same rights under the law, regardless of whether their parents are married or not.
Separation:
A separation occurs when the couple stops living together and arrangements are put in place for any minor children. Unlike divorce, separation does not legally end the marriage, and it is not recorded in the Civil Registry. Over time, the couple may reconcile and resume their marriage as it was, or they may decide to formalise their separation by proceeding with a divorce.
Divorce:
Divorce legally terminates the marriage and is officially recorded in the Civil Registry. Measures relating to the welfare and custody of minor children are also established as part of the process. The main types of divorce procedures are:
- Divorce Before a Notary
- Judicial Divorce by Mutual Consent
- Judicial Contested Divorce