Divorce and family law

Article 97 of the Family Code provides that the court must rule on a petition for divorce for discord within a period not exceeding six months from the date it is filed. In practice, the length also depends on summonses, reconciliation attempts and the parties' attendance at hearings. This period applies at first instance: an appeal can extend the proceedings.

Generally: a copy of the marriage certificate, the national identity card, the children's birth certificates and evidence of both spouses' financial situation (salary, rent, expenses). Depending on the case, other documents may help, for example about the marital home or the causes of the discord. We give you a precise list at the first meeting.

In a divorce by mutual consent (Article 114 of the Family Code), the spouses set the terms of the separation themselves, including the wife's financial rights, provided these terms do not conflict with the Code or with the children's interests. The court attempts reconciliation and, if it finds that the agreement stands, authorises the divorce deed to be drawn up. It is therefore important to have the agreement reviewed before signing it, as it binds both parties.

Under Article 171 of the Family Code, custody goes first to the mother, then to the father, then to the maternal grandmother, although the court may decide otherwise in the child's interest. Once the child turns fifteen, they may choose which parent will have custody (Article 166). Maintenance is set taking into account the income of the person who owes it, the child's situation and the cost of living (Article 189).