Divorce by mutual agreement before a notary (no minor children)

What you need to have at hand

1. That 3 months have passed since the wedding. 2) That you are in agreement on everything. 3) No minor children unmarried nor children with disabilities requiring support measures. 4) A lawyer to assist you (can be one for both).

Documentation

• DNI/NIE or passport of both.
• Certificación literal de matrimonio recent (preferably < 3 months).
• Libro de Familia or birth certificates of the children (to prove ages and situation).
• Certificados de empadronamiento of each (notary competence).
• Convenio regulador signed by both and by the lawyer (compensatory pension if applicable, use of the home, liquidation of gananciales if you want, etc.).
• Lawyer details: name, nº de colegiado, Colegio and DNI/NIF.
• If there are adult children affected by measures (for example, use of the family home), their DNI and consent.

Step by step

1. Gather the certificates: request the certificación literal de matrimonio from the Registro Civil (online or in person) and the empadronamiento at your ayuntamiento.
2. Find the competent notary (last common domicile or domicile of either spouse) and book a appointment. Upload/send the documents so they can review them beforehand.
3. Ask the lawyer to draft the convenio regulador with everything agreed: pensions, home, accounts, cars… If you will liquidate gananciales, include title deeds and mortgage details.
4. On the appointment day, both of you go together with the lawyer and the documentation. The notary checks voluntariness and legality. If the convenio is abusive or something’s missing, they’ll tell you and it must be fixed.
5. You sign the escritura of divorce. You pay the arancel notarial and get a copy. The notary usually sends the escritura to the Registro Civil for registration.
6. In 1–4 weeks, request a certificación literal de matrimonio and verify the divorce marginal note. With that, update civil status where needed (Seguridad Social, AEAT, banks, insurers…).

Tricks that save you time

• Request the certificación literal de matrimonio and the empadronamientos before booking the appointment: many notaries won’t give a date without seeing the papers.
• Send the convenio draft to the notary in advance; you avoid wasted trips.
• If you will liquidate assets, ask about taxes (municipal plusvalía, AJD in some cases) and about the mortgage: the bank must consent to changes.
• If you’re in a hurry, ask for an electronic authorised copy for urgent procedures.

Typical mistakes that can derail the process

• Trying to divorce before a notary with minor children: they’ll tell you no and you’ll lose weeks.
• Going without a lawyer: it’s mandatory. Without the lawyer’s signature on the convenio there’s no escritura.
• Choosing a non-competent notary: they’ll ask for empadronamientos and if it doesn’t match, they’ll reject it.
• An unbalanced convenio (e.g., no pension when one is due): the notary can refuse to authorise it.
• Including mortgaged assets without talking to the bank: later you may not be able to register the allocations or you’ll face fees.