Spouses may decide to file for divorce before a notary, provided that it is by mutual agreement . In addition, a series of requirements must be met, and the presence of a lawyer is mandatory . It is best to hire family lawyers , specialized in family matters and therefore, in divorces.
Article 87 of the Civil Code states:
The spouses may also agree to their divorce by mutual consent by drawing malaysian phone numbers up a regulatory agreement before the court clerk or in a public deed before a notary, in the form and with the content regulated in article 82, and the same requirements and circumstances required therein must be met. Diplomatic or consular officials, in the exercise of the notarial functions attributed to them, may not authorize the public deed of divorce.
Requirements for divorce before a notary
Let it be a divorce by mutual agreement
Three months must have passed since the celebration of the marriage
There must not be any minor children who are not emancipated or whose capacity has been modified by a court who depend on their parents.
If there are older children or emancipated minors, they must give their consent before the Notary regarding the measures that affect them due to not having their own income and living in the family home.
Both spouses must appear in person before a notary.
The presence of a lawyer is mandatory
The Notary of the last common domicile or the domicile or habitual residence of any of the applicants will be competent.
The presence of a lawyer is necessary, his/her role is to provide legal advice and draft the Regulatory Agreement . The professional must also sign the divorce deed. It is best to go to a lawyer specialized in family matters, such as divorce lawyers Palma de Mallorca .
Both Article 82 of the Civil Code and Article 54 of the Notarial Law regulate this obligation:
The spouses must be assisted in the granting of the public deed by a practicing lawyer.
Necessary documentation
If you have children of legal age or emancipated minors, you must also provide your ID.
Family book to prove that the spouses do not have minor children
Certificate of registration of marriage in the Civil Registry.
If there are children of legal age, the Birth Certificate must be provided.
To prove the territorial jurisdiction of the Notary, certificate of registration of the spouses
Regulatory Agreement previously agreed upon and drafted by the lawyer
DNI and documentation proving the lawyer as a practicing member.
If the liquidation of the community property is carried out, the necessary documentation will be required to prove the disposition of the assets and debts that exist in the company.
Divorce procedure before a notary
The Notary of the last common domicile, or of the habitual place of residence of either of the spouses, is competent. The lawyer will draw up the regulatory agreement . This document is sent to the Notary together with the necessary documentation. The spouses will be summoned on a day to ratify the agreement . They must appear in person; this act cannot be delegated.
Children of legal age and emancipated minors will also go to the Notary to present their consent .
Once ratified, the divorce of the spouses is agreed. The Regulatory Agreement is transcribed in the deed, with the content indicated in art. 90 of the Civil Code (including the liquidation of joint property or the corresponding economic regime).