According to the law, do I need a reason or cause to divorce?

Our experience as former judges and jurists has allowed us to identify various issues that frequently lead to questions from the people who come to us seeking the services of the best family lawyers in Barcelona. Not all of these questions have the same complexity, and some are somewhat simpler to answer than others. Today we’re going to try to definitively tackle one of these frequent questions: Is it necessary, according to Spanish law, to cite a specific reason in order to get a divorce?

The answer is a resounding no. At present, it is not necessary to state or prove any kind of cause in order to file a divorce petition with the court and thus start the process of dissolving the marriage, whether it is a divorce by mutual agreement or a contested divorce.

Why, then, do so many citizens have this question when considering divorce? It is likely due to the fact that the requirement to prove a cause for divorce was a legal reality in Spain until just 13 years ago.

The elimination of this requirement was one of the provisions included in Law 15/2005, which also regulated the dissolution of marriage by agreement of the spouses, as well as the process popularly known as an “express divorce”.

According to the explanatory statement included in this legal text, the reform corresponded to the desire to change the concept of divorce as a last resort due to the impossibility of reconciliation, giving greater weight to the individual will and freedom of the spouses. Thus, one spouse’s desire not to continue the marriage became sufficient reason to file the divorce petition, without the possibility of opposition by the other spouse or the judge.

This left behind the model that had originally been introduced by the 1981 divorce law, which also established the requirement of a prior separation period in most cases.

If you want to put yourself in the hands of the best family lawyers in Barcelona for your divorce, you can count on our specialists in this field, as our lawyers have also been judges. At ICN LEGAL we work to provide exhaustive and diligent service that helps our clients conclude their divorce proceedings with full knowledge of all the implications, and as much as possible, with the least possible difficulties.