Uncontested divorce in Spain: the convenio regulador and the steps

An uncontested divorce is one in which both spouses want to divorce and agree on the terms. Since the 2005 reform there is no need to allege any cause or to have separated first: it is enough that 3 months have passed since the marriage was celebrated (articles 81, 82 and 86 of the Código Civil, the Spanish Civil Code).

There are two routes. The notarial route, by public deed before a notario (Spanish public notary), and the judicial route, before the Juzgado de Primera Instancia (Court of First Instance). Both require a convenio regulador (settlement agreement) setting out what has been agreed on children, the home, maintenance and assets.

The main difference is whether there are minor children. Managora studies your case, tells you which route applies to you and handles the whole procedure for you.

The notarial route is only allowed where there are no unemancipated minor children and no adult children for whom the courts have established support measures assigned to their parents (article 82 of the Código Civil and article 54 of the Ley del Notariado, the Spanish Notaries Act). Adult or emancipated children who have no income of their own and live in the family home must give their consent to the measures that affect them.

Where there are minor children or children with disabilities under support measures, the divorce has to go through the court. There the judge decides by judgment, after a report from the Ministerio Fiscal (the public prosecutor), which safeguards the children's interests.

On the notarial route both spouses must appear in person (it cannot be done by power of attorney) and must be assisted by a practising lawyer. On the judicial route you act through an abogado (lawyer) and a procurador (court representative), who may be the same for both spouses (article 750 of the Ley de Enjuiciamiento Civil, the Spanish Civil Procedure Act). Managora provides the legal assistance on both routes.

The convenio regulador is the document that sets out how the family is organised after the divorce. Article 90 of the Código Civil establishes its minimum content, in so far as it applies to your case.

Where relevant, it must cover: custody of the children and the contact and staying arrangements with the non custodial parent; the allocation of the use of the family home and its contents; child maintenance and the contribution to family expenses; the liquidation of the matrimonial property regime; the compensatory allowance for the spouse who suffers an economic imbalance (article 97); and even what happens to the pets.

The notario, the Letrado de la Administración de Justicia (the court registrar) or the judge will not approve the agreement if it is harmful to the children or seriously prejudicial to one of the spouses. That is why it should be well drafted from the outset. Managora prepares it so that it is approved first time.

The basics are always the same: DNI (the Spanish national identity card), NIE (Spanish foreigner identity number) or passport of both spouses and an up to date full marriage certificate, obtained free of charge from the Registro Civil (the Spanish Civil Registry) through the Ministry of Justice portal.

If there are children, the full birth certificate of each one is added. To establish which court has territorial jurisdiction you may be asked for a certificado de empadronamiento (proof of registration on the padrón, the town hall register of residents). And where assets are being divided (for example community property or a mortgaged home), the deeds and the details of the assets are provided.

The central document is the convenio regulador signed by both spouses. Managora gathers and prepares all of this paperwork for you, so you do not have to chase documents around different offices.

The notarial route is the fastest: once the agreement is ready, the deed is usually signed within days or a few weeks. The judicial route depends on each court's workload: the Letrado de la Administración de Justicia summons the spouses to confirm the agreement within 3 days of the petition being admitted, but the final decision can take from weeks to several months.

As for the cost, on the judicial route individuals are exempt from the tasa judicial (the court fee). On the notarial route you pay the scale fee for the deed, which is set by regulation. The marriage and birth certificates are free.

Managora's fee for preparing and filing your divorce is not set out here: you can see the current amount on the service page for divorcio_mutuo_acuerdo and on the one for convenio_regulador_divorcio.

The framework is no fault divorce introduced by Ley 15/2005, the possibility of divorcing before a notario or before the Letrado de la Administración de Justicia brought in by Ley 15/2015 on voluntary jurisdiction (Jurisdicción Voluntaria), and the terminology of support measures for people with disabilities from Ley 8/2021.

Since 2022 the convenio regulador also sets out what happens to the pets, following the reform of the Código Civil made by Ley 17/2021.

As at 17 July 2026 the 3 month period since the marriage and the two routes (notarial and judicial) remain in place. There is no record of any reform allowing a notarial divorce where there are minor children. Managora checks the rules in force on every case.