Family Law in Spain

Marriage on the Civil Code of Spain
21.Feb.10 - 09:00am


Article 42
The promise of marriage does not create the obligation to contract marriage nor the obligation to perform what it may have been agreed for the event the marriage does not take place.
The complaint demanding the enforcement of a promise of marriage shall not be processed.

Article 43
The breach without cause of a definite promise of marriage made by a person of legal age or by an emancipated minor shall only produce the obligation to compensate the other party for the expenses incurred and for the obligations contracted in anticipation of the marriage.
The action will expire one year from the date of the refusal to contract the marriage.


Article 44
Both men and women have the right to contract marriage in accordance with the provisions of this Code.
Marriage shall be subject to the same requirements and produce the same effect when the contracting parties are either of the same sex or of a different one.
(Amended by Law 13/2005, of 1 July 2005)

Article 45
There is no marriage without consent for marriage.
Any condition, term, or modality affecting the consent shall be deemed non-existent.

Article 46
The following persons cannot contract marriage:
1. Unemancipated persons under age.
2. Persons who are subject to a marraige bond.

Article 47
The following are also precluded from contracting marriage among themselves:
1. Relatives in direct line either by consanguinity or by adoption.
2. Collateral relatives by consanguinity up to the third degree.
3. Persons declared guilty, as authors of accomplices, of the intentional death of the spouse of any of them.

Article 48
The Minister of Justice may waive, at the request of a party, the prohibition based on the intentional death of the previos spouse.
The Judge of First Instance may waive when there is just cause and at the request of a party, the prohibition of the third degree between collateral relatives and the prohibition to minors, provided that the age of fourtheen years has been reached. In age waiver proceedings, the minor and his parents or costudians must be heard.
The waiver granted after the facts validates ab initio the marriage, provided that its nullity has not been judicially requested by any of the parties.


    Divorce in Spain

    Protect your Interests

    Keep your finances separate. Open individual accounts and close or freeze all joint accounts.

    Make sure your personal property is in your possession. Anything you leave with your spouse during the separation period will likely stay with that spouse in a later divorce action unless there is change in circumstances.

    Remove your name form any leases, titles, mortgages, loans, utility accounts and credit card accounts that your spouse will be responsible for.

    After property and debts are divided in the separation agreement, any income from investments you make from your assets will belong to you and will not be considered marital property if you should later file for a divorce.Of course, this will also apply to your spouse.

    When you negotiate a separation agreement, keep in mind that the agreement will probably not change that much when you or your spouse late convert the legal separation into a divorce.

    Make sure you protect your interest!