The Voluntary Jurisdiction Law has given jurisdiction to notaries in weddings and divorces.
Regarding the celebration of marriages in the presence of a notary Public, it is necessary to consider two different dates:
Until 06/30/2017
- The notary is freely chosen by both parties.
- The place of celebration will be at the notary’s office or at the domicile of one of the contracting parties unless the file has authorized the celebration in another place.
- The person in charge of the Civil Registry, once the file is concluded, will deliver to the contracting parties a certification accrediting the judgment of marital capacity that must be provided to the notary public. That is, the matrimonial file is processed in the presence of the person in charge of the civil registry, not the notary.
From 06/30/2017
- The matrimonial capacity trial file will be carried out by the Notary Public and the rest will be the same as the previous points.
- Regarding separations and divorces, note that the separation suspends the life together of the spouses but does not end the marriage, therefore, they remain husband and wife. Instead, divorce, yes.
Clauses
- You cannot get a divorce in the presence of a Notary Public at least three months have passed since the celebration of the marriage.
- The divorce must be by mutual agreement, there can be no minor children who are not emancipated, or children who, judicially, depend on their parents.
- If there are older children without their own income who live at home and these agreements affect them, they must go to the notary’s office to sign their consent.
- You must bring to the notary the necessary documentation that certifies the date of the marriage (marriage certificate or family book).
- The spouses must intervene personally, general powers of attorney are not valid. If someone intervenes by proxy, you must submit all the details of the separation (date and name of the spouse), as well as the agreed agreements.
- The Notary will record the agreements agreed by the spouses in the deed.
- The spouses must be assisted by a lawyer. You will be asked for your registration number.
- For the deed to have full effect against third parties, it will have to be registered in the Civil Registry.
- The following documentation must be provided:
- Family Book.
- DNI of both.
- Pacts between the spouses.
- Information of the lawyer or lawyers who will attend the signature.
Reconciliation is possible through the act of demonstrations, which must be registered in the Civil Registry.
If you want more information about separations or divorces in the presence of a notary, do not hesitate to contact Notaria de Blas.
