Getting a divorce in Spain

Can I get divorce in Spain, faster if I have the agreement of my wife? Do in need any grounds to use?
Yes, according to Spanish law, it’s a shortened non-contentious court procedure that a married couple can use to get divorced in Spain, as long as they agree to file the court application jointly.

Using this procedure –just in case of agreement—you don’t need to wait for the court to recognize a previous matrimonial separation. The agreement (convenio regulador) between the parties must be signed first between themselves and, at a subsequent date, before the Judge, but some Judges allow this second signature to be given by a representative, but this will require the granting of a relevant power of attorney before a notary in Spain or before a foreign notary.

In this last case, the document will have to be stamped with The Hague Convention apostille and translated by an officially approved translator.

The only timing requirement is that at least three months have passed since the date of the marriage.

And, as the ordinary divorce, in Spain there’s no need to state any grounds, so there’s no need to claim there’s been unreasonable behaviour, adultery, etc. If both spouses want to end their marriage, the Spanish courts don’t need to know why.

The need to state grounds is only needed, according to canonic law, to declare the nullity of a catholic marriage (in case that you want to marry again according to the catholic rite, but it does not have anything to do with the effects of the divorce that it’s totally effective no matter what was the way you get married.

Can shareholders of Spanish companies, transfer their shares freely?
According to Spanish law, the main companies are either S.A. (anonymous society) or S.L. (limited responsibility, or liability).

Being able to transfer shares freely to anyone gives an investor the right to liquidate his or her investment at any time.

The shares of all the companies whose stock is registered with a stock exchange are freely transferable.

But in a small companies (sociedades de responsabilidad limitada), limited responsibility companies, with only a few shareholders, free transferability of stock can often be a detriment.

Therefore, Spanish law allows the foundation shareholders to decide if they want a share transfer restriction agreement, which will impose restrictions on the sale of stock. These agreements have to conform to your company’s statutes (estatutos) and can be changed, later, with a qualified majority.

What can I do about noise in my urbanization?
In densely populated areas, noise is one of the most common sources of neighbourhood tension. Some municipal ordinances limit noise to a given number of decibels. If the police have a decibel machine, you can ask them to measure the noise your neighbour is creating.

This provides useful documentation should you need to proceed against your neighbour in court.

Accordingly, many municipalities regulate noise levels during certain “quiet times” when most people sleep.

They typically begin between 11p.m. and midnight and last until 7or 8a.m. on weekdays; on weekends, they often extend to 9or 10 a.m.