DON JUAN CARLOS I,

KING OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved and I come to sanction the following Law:

Article first.

Title IV of the first book of the Civil Code will be worded as follows:

TITLE IV

From Marriage

CHAPTER FIRST

From the promise of marriage

Article 42. The promise of marriage does not produce an obligation to contract it or to fulfill what has been stipulated for the assumption of its non-celebration.

The demand for compliance is not allowed to be processed.

Article 43. Failure to comply without the obligation of a certain marriage made by a person of a higher age or by an emancipated minor shall only produce the obligation to compensate the other part of the expenditure incurred and the obligations under consideration to the promised marriage.

This action will expire in the year from the day of the refusal to the marriage celebration.

CHAPTER II

Of the requirements of the marriage

Article 44. Man and woman have the right to marry in accordance with the provisions of this Code.

Article 45. There is no marriage without marriage consent.

The condition, term, or mode of consent will be unset.

Article 46. They can't get married:

1. ° The minors are not emancipated.

2. ° Those that are linked with marital bonding.

Article 47. They also cannot marry each other:

1. ° The relatives in a straight line by consanguinity or adoption.

2. ° The collateral by consanguinity to the third degree.

3. ° The condemned as perpetrators or accomplices of the death of the spouse of any of them.

Article 48. The Minister of Justice may, at the request of a party, dispense with the wrongful death of the former spouse.

The Judge of First Instance may dispense, with Fair cause and at the request of a party, the impediments of the third degree between collateral and age from the fourteen years. In the case of age-waiver files, the child and his/her parents or keepers must be heard.

The subsequent waiver, since its conclusion, is valid for a marriage whose nullity has not been called Judicially by any of the parties.

CHAPTER III

How to celebrate marriage

Section I. General provisions

Article 49. Any Spanish will be able to marry in or outside Spain:

1. ° Before the Judge or official indicated by this Code.

2. ° In the legally intended religious form.

You may also contract marriage outside Spain in accordance with the law of the place of celebration.

Article 50. If both contracts are foreign, the marriage may be held in Spain according to the form prescribed for the Spaniards or by complying with the law established by any of them.

Section II. From the celebration before the Judge or official who does his/her times

Article 51. You will be competent to authorize marriage:

1. The Judge in charge of the Civil Registry.

2. ° In the municipalities in which the Judge, the Mayor or the delegated delegate does not reside.

3. ° The diplomatic or consular officer in charge of the Civil Registry abroad.

Article 52. It may authorise the marriage of the person in danger of death:

1. The Judge in charge of the Civil Registry or the delegate, even if the contrayents do not reside in their constituency and, in the absence of both, the Mayor.

2. The Judge's default, and in respect of the military in campaign, the Official or the immediate superior Chief.

3. Regarding marriages to be held on board or aircraft, the Captain or Commander thereof.

This marriage will not require the prior formation of a file for authorization, but if the presence, in its celebration, of two older witnesses, unless it is impossible to be accredited.

Article 53. The validity of the marriage shall not be affected by the incompetence or lack of legitimate appointment of the Judge or official who authorizes it, provided that at least one of the spouses has proceeded in good faith, and those who have exercised their duties publicly.

Article 54. When a sufficiently proven case is present, the Minister of Justice may authorise the secret marriage. In this case, the file will be dealt with without the publication of edicts or proclamations.

Article 55. The matrimonial file may be authorized in the case that the contrayant who does not reside in the district or district of the Judge or Authorizing Officer celebrates the marriage by proxy to whom he has granted special power in an authentic manner, but always personal assistance from the other contractor will be necessary.

The person with whom the marriage is to be held will be determined, with the expression of the precise personal circumstances to establish his or her identity.

The power will be extinguished by the revocation of the power, by the resignation of proxy or by the death of any of them. In the event of revocation by the mightily, his manifestation will be sufficient in authentic form before the celebration of the marriage. The revocation shall be immediately notified to the Judge or Authorising Officer.

Article 56. Those who wish to contract marriage will be accredited in advance, in a case dealt with under the legislation of the Civil Registry, which meet the capacity requirements set out in this Code.

If any of the contrayants are affected by mental deficiencies or abnormalities, medical advice about their fitness to provide consent will be required.

Article 57. The marriage shall take place before the Judge or official corresponding to the address of any of the contrayants and two older witnesses.

The provision of the consent may also be made, by delegation of the Judge or official in charge of the competent Civil Registry, either at the request of the contrayents or by trade before a Judge or in charge of another Registry Civil.

Article 56. The Judge or official, after having read Articles 66, 67 and 68, shall ask each of the contrayants whether they consent to marry the other and whether they actually contract it in that act and, in reply both affirmatively, shall declare that the same are united in marriage and will extend the Enrollment or the corresponding record.

Section III. From the celebration in a religious way

Article 59. The marriage consent may be provided in the form provided for by a registered religious confession, in terms agreed with the State or, failing that, authorized by the law of the State.

Article 60. Marriage concluded in accordance with the rules of canon law or in any of the religious forms provided for in the previous article produces civil effects. For the full recognition of these, the following chapter will be available.

CHAPTER IV

From the registration of marriage in the Civil Registry

Article 61. Marriage has produced civil effects since its celebration.

For full recognition of these, your registration in the Civil Registry will be necessary.

Non-enrolled marriage will not impair the rights acquired in good faith by third parties.

Article 62. The judge or official to whom the marriage is concluded shall extend, immediately after its conclusion, the registration or the corresponding record with his signature and that of the contrayants and witnesses.

Likewise, the registration or the registration of the minutes shall be carried out, the Judge or official shall give to each of the contrayents the document proving the celebration of the marriage.

Article 63. The inscription of the marriage celebrated in Spain in a religious form will be practiced with the simple presentation of the certification of the Church or the respective confession, which will have to express the circumstances demanded by the legislation of the Registry Civil.

The practice of the seat shall be refused when the documents presented or the seats of the Register show that the marriage does not meet the requirements for validity of the seat.

Article 64. For the recognition of the secret marriage it is sufficient to register in the special book of the Central Civil Registry, but it will not harm the rights acquired in good faith by third parties but since its publication in the ordinary Civil Registry.

Article 65. Except as provided for in Article 63, in all other cases where the marriage has been concluded without the relevant file being dealt with, the Judge or official in charge of the Register, before taking up the registration, must check whether the legal requirements for its conclusion are met.

CHAPTER V

The rights and duties of spouses

Article 66. The husband and wife are equal in rights and duties.

Article 67. The husband and wife must respect and help each other and act in the interests of the family.

Article 68. The spouses are obliged to live together, keep fidelity and help each other.

Article 69. It is presumed, unless proof to the contrary, that the spouses live together.

Article 70. The spouses shall establish by common agreement the marital domicile and, in the event of a discrepancy, the Judge shall decide, taking into account the interest of the family.

Article 71. None of the spouses can be attributed to the other's representation without being conferred on them.

Article 72. Deleted.

CHAPTER VI

From the nullity of marriage

Article 73. It is null, whatever the form of its celebration:

1. ° Marriage held without marriage consent.

2. The marriage concluded between the persons referred to in Articles 46 and 47, with the exception of cases of waiver in accordance with Article 48.

3. ° To be contracted without the intervention of the Judge or official to whom it is to be held, or without that of the witnesses.

4. ° The one held by mistake in the identity of the person of the other contractor or in those personal qualities which, by his entity, have been determining the benefit of the consent.

5. The contracted by coercion or severe fear.

Article 74. The action to ask for the annulment of the marriage is for the spouses, the Ministry of the Prosecutor and any person who has a direct and legitimate interest in the marriage, except as provided in the following articles.

Article 75. If the cause of invalidity is the lack of age, while the contract is lower, only the action of any parent, guardian or guarder and, in any case, the Ministry of Public Prosecutor's Office.

When you reach the age of majority, only the child will be able to exercise the action, unless the spouses have lived together for a year after reaching the age.

Article 76. In cases of error, coercion or serious fear, only the spouse who has suffered the defect may exercise the invalidity action.

The action expires and the marriage is validated if the spouses have lived together for a year after the error has faded or the force or cause of fear has ceased.

Article 77. Deleted.

Article 78. The Judge shall not agree to the nullity of a default marriage, if at least one of the spouses contracted it in good faith, except as provided for in Article 73 (3

.

Article 78. The declaration of invalidity of the marriage shall not invalidate the effects already produced in respect of the children and the contrayente or in good faith.

Good faith is presumed.

Article 80. Judgments handed down by the ecclesiastical courts on the nullity of canonical marriage or the pontifical decisions on marriage for a while and not completed shall be effective in the civil order, at the request of any of the parties, if they are declared In accordance with the conditions referred to in Article 954 of the Law on Civil Procedure, the law of the State in accordance with the law of the State in accordance with the law.

CHAPTER VII

From Separation

Article 81. The separation will be judicially decreed, whatever the form of celebration of marriage:

1. At the request of both spouses or one with the consent of the other, after the first year of the marriage. The proposal of the separation regulatory agreement, in accordance with Articles 90 and 103 of this Code, shall necessarily be accompanied by the application.

2. ° At the request of one of the spouses, when the other is in breach of legal separation.

Article 82. They are causes of separation:

1. Unjustified abandonment of the home, marital infidelity, abusive or vexatious conduct and any other serious or repeated violation of marital duties.

It cannot be invoked as a cause of conjugal infidelity if there is prior separation in fact freely consented to by both or imposed by it.

2. Any serious or repeated violation of the duties in respect of the common children or of any of the spouses living in the family home.

3. The sentence of imprisonment for longer than six years.

4. alcoholism, drug addiction or mental disturbances, provided that the interest of the other spouse or the family requires the suspension of coexistence.

5. The effective cessation of conjugal coexistence for six months, freely consented. You will be free to give this consent when a spouse requires the other to lend it, expressly warning you of the consequences of this, and the latter does not show his will against him by any means admitted to the right or request for the separation or provisional measures referred to in Article 103 within six months of the said requirement.

6. The effective cessation of conjugal coexistence during the three-year period.

7. Any of the causes of divorce in the terms, provided in the numbers 3. °. Article 86 (4) and (5

.

Article 83. The sentence of separation produces the suspension of the common life of the married, and ceases the possibility of linking property of the other spouse in the exercise of the domestic power.

Article 84. Reconciliation puts an end to the separation procedure and leaves no further effect on the settlement, but the spouses must bring that to the knowledge of the Judge who understands or has understood in the dispute.

However, by judicial decision, the measures taken in relation to the children shall be maintained or modified where there is cause to justify it.

CHAPTER VIII

From the dissolution of marriage

Article 85. The marriage dissolves, whatever the form and time of its celebration, by the death or the declaration of the death of one of the spouses and by the divorce.

Article 86. They are causes of divorce:

1. The effective cessation of conjugal coexistence for at least one uninterrupted year from the interposition of the demand for separation formulated by both spouses or by one of them with the consent of the other, when that had been brought within one year after the marriage was concluded.

2. The effective cessation of conjugal coexistence for at least one uninterrupted year from the interposition of the demand for personal separation, at the request of the plaintiff or of the person who has made a counterclaim in accordance with the established in Article 82, once the judgment has been established that the demand for separation has been settled or, if the time limit has elapsed, no decision has been taken in the first instance,

3. The effective cessation of conjugal coexistence for at least two uninterrupted years:

(a) Since the separation of fact or from the firmness of the judicial decision, or from the declaration of the legal absence of one of the spouses, is freely granted by both spouses, at the request of any of them.

b) When the one who asks for the divorce accredit that, at the beginning of the separation in fact, the other one was incourseto the cause of separation.

4. The effective cessation of conjugal coexistence over the course of at least five years, at the request of either spouse.

5. Sentence in a firm sentence for violating the life of the spouse, his or her ascendants or descendants.

When the divorce is requested by both or by one with the consent of the other, the proposed regulatory convention of its effects, in accordance with Articles 90 and 90, must be accompanied to the original request or the original document. 103 of this Code.

Article 87. The effective cessation of conjugal coexistence, as referred to in Articles 82 and 86 of this Code, is compatible with the maintenance or temporary resumption of life in the same domicile, when this is due to one or both spouses to the the need, the attempt at reconciliation or the interest of the children and thus be credited by any means admitted in law in the process of separation or corresponding divorce.

The interruption of the coexistence will not imply the effective cessation of the same if it obeys to work, professional or any other reasons of analogous nature.

Article 88. The divorce action is extinguished by the death of either spouse and by their reconciliation, which must be expressed when it occurs after the application is filed.

Post-divorce reconciliation does not produce legal effects, although divorcees will be able to contract with each other.

Article 89. The dissolution of marriage by divorce may only take place by judgment which so declares and will produce effects on the basis of its firmness. It will not harm third parties in good faith but from their registration in the Civil Registry.

CHAPTER IX

From common effects to nullity, separation and divorce

Article 90. The regulatory agreement referred to in Articles 81 and 88 of this Code shall at least refer to the following:

(A) The determination of the person to whose care the children are subject to the parental authority of the two, the exercise of the latter and the regime of visits, communication and stay of the children with the parent who does not live with them.

B) The attribution of the use of housing and family life.

C) The contribution to the burdens of marriage and food, as well as their databases and guarantees in their case.

D) Settlement, where applicable, of the economic regime of marriage

(E) The pension under Article 97 shall, where appropriate, satisfy one of the spouses.

The spouses ' agreements, adopted to regulate the consequences of nullity, separation or divorce, shall be approved by the Judge, unless they are harmful to the children or seriously harmful to one of the spouses. The refusal must be made by means of a reasoned decision and in this case the spouses must submit to the consideration of the new Judge proposal for approval, if appropriate. From judicial approval, they will be able to be affected by the award path.

The measures that the Judge adopts in default, or those agreed upon by the spouses, may be changed judicially or by new agreement when the circumstances are substantially altered.

The Judge may establish the actual or personal guarantees required by the fulfillment of the agreement.

Article 91. With the judgments of nullity, separation or divorce, or in execution thereof, the Judge, in the absence of agreement of the spouses or in case of non-approval of the same, shall determine in accordance with the provisions of the following articles they have to replace those previously adopted in relation to children, family housing, marriage costs, the liquidation of the economic system and the respective channels or guarantees, establishing those which are the case for any of the These concepts would not have been adopted. These measures may be modified when the circumstances are substantially altered.

Article 92. Separation, nullity and divorce do not exempt parents from their obligations to their children.

Judicial measures on the care and education of children will be taken for the benefit of them, after hearing them if they have sufficient judgment and always over the age of twelve.

In the judgment, the deprivation of the parental authority will be agreed upon when the process is revealed to cause it.

It may also be agreed, where appropriate to the children, that the parental authority be exercised in whole or in part by one of the spouses or that the care of them corresponds to one or the other by trying not to separate the siblings.

The Judge, on his own initiative or at the request of the parties concerned, may seek the opinion of specialists.

Article 93. The Judge, in any case, shall determine the contribution of each parent to satisfy the food and shall take the appropriate measures to ensure the effectiveness and accommodation of the benefits to the economic circumstances and needs of the children at any time.

Article 94. The parent who does not have the children or the disabled will enjoy the right to visit, communicate with them and have them in their company. The Judge shall determine the time, manner and place of the exercise of this right, which may limit or suspend if there are serious circumstances which so advise or are not seriously or repeatedly breached the duties imposed by the Judicial Resolution.

Article 95. The final judgment will produce, in respect of the property of the marriage, the dissolution of the matrimonial property regime.

If the judgment of invalidity declares the bad faith of one of the spouses, the one who has worked in good faith may choose to apply in the liquidation of the matrimonial property regime the provisions relating to the participation and that of bad faith will not have the right to participate in the profits obtained by its consort.

Article 96. In the absence of agreement of the spouses approved by the Judge, the use of the family housing and the objects of ordinary use in it corresponds to the children and the spouse in whose company they remain.

When some of the children remain in the company of one and the others in the other, the Judge will resolve the matter.

There are no children, it may be agreed that the use of such goods, for the time that it is prudentially fixed, corresponds to the non-titular spouse, provided that the circumstances, make it advisable and his interest is the most needed for protection.

To dispose of the housing and goods indicated for which the use of the non-titular spouse is required, the consent of both parties or, where appropriate, judicial authorization shall be required.

Article 97. The spouse to whom the separation or divorce produces an economic imbalance in relation to the other's position, which implies a deterioration in his previous situation in the marriage, is entitled to a pension to be fixed in the judicial, taking into account, inter alia, the following circumstances:

1. The agreements to which the spouses have arrived.

2. The age and health status.

3. The professional qualification and the probabilities of access to a job.

4. The past and future dedication to the family.

5. The collaboration with your work in the commercial, industrial or professional activities of the other spouse.

6. The duration of marriage and conjugal coexistence.

7. The eventual loss of a pension entitlement.

8. th The flow and economic means and the needs of one and another spouse.

The court resolution will set the basis for updating the pension and the guarantees for its effectiveness.

Article 98. The spouse of good faith whose marriage has been declared null and void shall be entitled to compensation if there has been conjugal coexistence, in accordance with the circumstances provided for in Article 97.

Article 99. At any time, the replacement of the pension fixed judicially in accordance with Article 97 may be agreed upon for the formation of a lifetime income, the usufruct of certain goods or the delivery of a capital in goods or in money.

Article 100. The pension and the basis for updating it in the separation or divorce judgment may only be modified by substantial alterations in the fortune of one or other spouse.

Article 101. The right to the pension is extinguished by the cessation of the cause which motivated him, by contracting the new marriage creditor or by living in marital with another person.

The right to the pension is not extinguished by the mere fact of the death of the debtor. However, the heirs of the latter may ask the judge to reduce or abolish the court, if the hereditary rate cannot satisfy the needs of the debt or affect its rights in the legitimate interest.

CHAPTER X

From provisional measures on demand for nullity, separation and divorce

Article 102. The application for nullity, separation or divorce is granted, by the Ministry of Law, the following effects:

1. The spouses will be able to live apart and the presumption of conjugal coexistence ceases.

2. The consents and powers that any of the spouses have granted to the other have been revoked.

In addition, unless otherwise agreed, the possibility of linking the private property of the other spouse to the exercise of the domestic authority ceases.

For these purposes, either party may request the appropriate annotation in the Civil Registry and, where applicable, in the Land Registry and the Commercial Registry.

Article 103. If the application is accepted, the Judge, in the absence of agreement of both spouses, shall, with a hearing of the following, adopt the following measures;

1. To determine, in the interests of the children, which of the spouses are to be subject to the parental authority of both and to take the appropriate provisions in accordance with the provisions of this Code and in particular the way in which that the spouse's spouse will be able to fulfill the duty of care for the children and the time, mode and place in which he/she can communicate with them and have them in his/her company.

Exceptionally, the children may be entrusted to another person and, if not, to an appropriate institution, entrust them with the tutelary functions that they will exercise under the authority of the Judge.

2. To determine, taking into account the family interest most in need of protection, which of the spouses must continue in the use of family housing and also, prior inventory, the goods and objects of the ajar that continue in the other spouse, as well as the appropriate precautionary measures to preserve the right of each one.

3. Set, the contribution of each spouse to the burdens of the marriage, including if the "litis expense", establish the bases for the updating of quantities and have the guarantees, deposits, retentions or other appropriate precautionary measures, in order to ensure the effectiveness of what one spouse has to pay to the other.

The work that one of the spouses will devote to the care of the common children subject to parental authority will be considered a contribution to those burdens.

4. To point out, under the circumstances, the common or common property which, after inventory, must be given to one or other spouse and the rules to be observed in the administration and disposition, as well as in the mandatory accountability on the common assets or part of them that they receive and those they acquire in the future.

5. To determine, where appropriate, the regime of administration and disposition of those private property which, by capitulation or public deed, were particularly affected by the burden of marriage.

Article 104. The spouse who proposes to sue the nullity, separation or divorce of their marriage may apply for the effects and measures referred to in the previous two articles.

These effects and measures will only survive if, within thirty days of being initially adopted, the complaint is filed with the competent Judge or Court.

Article 105. The spouse who leaves the marital home for a reasonable cause is not in breach of the duty of cohabitation, and within thirty days the application or application referred to in the foregoing articles is filed.

Article 108. The effects and measures provided for in this Chapter shall, in any event, be terminated where they are replaced by those of the judgment or the proceedings are terminated otherwise.

Revocation of consents and powers is final understood,

CHAPTER XI

Rules of Private International Law

Article 107. Separation and divorce shall be governed by the common national law of the spouses at the time of the filing of the application; in the absence of a common nationality, by the law of the habitual residence of the marriage and, if the spouses have their residence in different States, under Spanish law, provided that the Spanish Courts are competent.

The separation and divorce sentences handed down by foreign courts will produce effects in the Spanish order from the date of their recognition in accordance with the provisions of the Law on Civil Procedure.

Article 2.

The articles of the Civil Code listed below are modified in the form that is expressed.

Article 176. Deleted.

Article 195. The last paragraph is deleted.

Article 855. The first cause is worded as follows:

"1. Mst Haber seriously or repeatedly violated marital duties."

Article 919. This is worded as follows:

"The computation of what the previous article deals with in all matters."

TRANSIENT PROVISIONS

First.

Divorcees by a firm sentence under the Divorce Act of two March thousand nine hundred and thirty-two may contract new marriage, except if the judgment was quashed judicially.

Second.

The facts which have taken place or the situations created prior to the entry into force of this Law shall produce the effects recognized by Chapters VI, VII and VIII of Title IV of Book I of the Code. Civil.

Time periods will be computable for purposes of demanding separation or divorce as set out in it.

ADDITIONAL PROVISIONS

As long as the Civil Procedure Law is not amended, the following procedural rules will be observed:

First.

The Spanish courts will be competent to hear about the demands on separation, divorce and marriage annulment in the following cases:

First. When both spouses have Spanish nationality.

Second. When they are resident in Spain.

Third. Where the claimant is Spanish and has his habitual residence in Spain, whatever the nationality and residence of the defendant.

Fourth. When the defendant, whatever his nationality, is resident in Spain.

Second.

One. It shall be the knowledge of the claims in application of the civil effectiveness of the judgments handed down by the Ecclesiastical Courts on the nullity of canonical marriage or the pontifical decisions on marriage for a while and not consummated to the Judge First instance of the place of the marital domicile and if the spouses resided in different judicial parties, to the same class of the last domicile of the marriage or the place of residence of the other spouse, at the choice of the plaintiff.

Two. If the application is filed by either party, the Judge will give a hearing for the nine-day period to the other spouse and the Prosecutor's Office; and if, in the absence of any opposition, he appreciates that the decision is authentic and is in accordance with the law of the The State shall, by order of order, agree to the effectiveness in the civil order of the ecclesiastical decision or decision, proceeding to its execution in accordance with the provisions of the Civil Code on the causes of nullity and dissolution.

Three. No appeal shall be made against the order issued by the Judge, but if the Judge has refused or an opposition has been lodged, the right of the parties and the Prosecutor to make their claim in the relevant proceedings shall be subject to the right of the parties.

Third.

You will be a judge competent to know about the processes of nullity, separation and divorce the first instance of the place of the conjugal domicile. In the case of the residence of the spouses in different judicial parties, it shall be the competent court, at the choice of the claimant, that of the last domicile of the marriage or the respondent's residence.

Those who do not have domicile or fixed residence may be sued in the place where they are or in the place of their last residence, at the choice of the claimant.

Parties agreements that alter the provisions of this rule are null.

Fourth.

The judicial decisions referred to in Articles 70 and 4 of the Civil Code will be given prior to the formalities laid down in the articles one thousand eight hundred and eighty-four, one thousand eight hundred and eighty-five and concordant with the Law on Civil Procedure.

The resolutions referred to in article one hundred of the Civil Code will be dictated by the paperwork of the articles one thousand eight hundred and ninety-six and the following of the Law of Civil Procedure.

Fifth.

The claims for separation and divorce, except those provided for in the sixth provision, for annulment for the reasons referred to in Article 70 (2) and (3) and (3) and those referred to in the title IV of book I of the Civil Code and do not have a special procedure, shall be substantiated by the procedures of the incidents with the following modifications:

a) It will not be necessary to pretry the reconciliation.

(b) Where the benefit of free justice is sought, the actor or the defendant shall substantiate the incident in a separate part, without stopping or suspending the course of the main proceedings, the proceedings of which shall be carried out provisionally without charge of rights.

(c) The time limit for appearing and responding to the claim and proposing, where appropriate, the counterclaim shall be twenty days.

d) If counterclaim has been made, the actor will answer within ten days.

e) No counterclaim shall be admissible which is not founded on any of the grounds which may give rise to the separation, divorce or nullity for cause provided for in paragraphs 2 and 3 of Article 70 and three of the Code Civil.

f) The probationary and practical period of the test shall be thirty days common to the parties.

g) Where any of the litigants propose evidence in the last two days of the period, the other parties shall be entitled to propose, in turn, proof on the same ends within two days of notification of the providence in which the person is admitted. In this case, the practice of the proposed test will take place within five days.

(h) In these processes, the disqualifications provided for in Article 1,200-forty-seven of the Civil Code shall not be governed.

i) The Judge to whom doubts are raised about the concurrence of the circumstances in each case required by the Civil Code to decree the nullity, separation or divorce may agree, for better to provide, any evidence, including the testify.

(j) The appeal shall be admissible only at the request of the Prosecutor's Office and in the interest of the law.

k) At any point in the process, the requirements set out in the additional sixth provision are met, the parties may request that the procedure be continued for the procedures laid down therein.

Sixth.

One. Requests for separation or divorce submitted by common agreement between the two spouses or one of them with the consent of the other shall be dealt with in accordance with the procedure laid down in this additional provision.

Two. The request shall be made in writing and shall be accompanied by: certification of the registration of the marriage and, where appropriate, of the birth of the children in the Civil Registry, proposal for a regulatory agreement in accordance with the provisions of the article Ninety of the Civil Code and the document or documents in which the spouse or spouses, merge their right.

Three. For the purposes of the above paragraph, the following documents shall be provided:

First. In the case of Article eighty-one, one, of the Civil Code, the act or registration of the marriage certifying that the marriage has been concluded at least one year before the filing of the petition for separation.

Second. In the case of Article eighty-six, one, the judgment of the court of separation or testimony that accredits the interposition of the demand for separation.

Third. In the case of Article 80 and six, two, the judgment in the case of separation or testimony, which is proof of the interposition of the demand for personal separation, provided that the other spouse adheres to it.

Fourth. In the case of Article eighty-six, three, a), the Judicial Resolution or any other document that accredits the right.

Fifth. In the other cases in which agreement is reached in the filing of a petition for separation or divorce, the spouse or spouses shall accompany the document in writing with the supporting documents as well as compliance with the other documents. requirements to be met.

Where the spouses do not provide the above documents, it shall be admissible, any means of proof recognised in law, which shall be carried out within the period of 10 days

Four. Within three days of the filing of the petition, the Judge shall require the parties to ratify separately in their petition for separation or divorce within the same period of time.

Five. Admission or admission to processing of the application shall take the form of order.

Only admission will proceed if the documents referred to in numbers two and three of this provision are not presented, or if the spouses have not ratified the request. In the first case, a period of 10 days shall be granted to remedy the defects and to supplement, where appropriate, the regulatory agreement. The self-admission may be appealed on appeal within five days.

Six. If there are minor or incapacitated children, the Judge shall give a hearing for five days to the Prosecutor's Office on the terms of the agreement relating to the children, and, where appropriate, give an audience to them. The Court of Justice, if it considers that the agreement does not sufficiently protect the interests of the children, shall agree that the parties, within the period of five days ' time, shall submit a report to the Court of Justice of the European Parliament. new text and propose the means of proof that they attempt to be valid for approval. If the proposed test is carried out, the Judge, no longer than ten days, may agree to better provide the practice of any other deemed necessary.

Seven. The Judge shall give judgment within five days. If the judgment declares separation or divorce, but does not approve at some point the regulatory agreement referred to in the preceding number, it shall grant the spouses a period of 10 days to propose a new convention as regards this point; and, If the proposal has been tabled or the deadline has elapsed, it will be delivered within the third day, resolving the matter.

The judgment and, where applicable, the convention's self-ratifying may be appealed on appeal within five days.

Eight. Subsequent requests for amendments to the Convention or for judicial measures, by variation in the circumstances under consideration, shall be dealt with by the same procedure followed for their adoption.

Nine. In the procedure laid down by this provision, the intervention of Advocate and Procurator shall be mandatory, but both spouses may be entitled to a single defence and representation. The procedure laid down for the incidents in the Civil Procedure Law will be applicable.

Ten. An appeal may be filed against the judgment before the Civil Chamber of the Hearing, within five days.

Once. The Prosecutor's Office, having minor or incapacitated children and, in any case, the spouses may ask the Judge for the approval of a new agreement, dealing in accordance with the provisions of the previous numbers, in the case that they have varied substantially the circumstances previously taken into account.

Twelve. In these cases the assistance of Advocate and Procurator will be mandatory, but the parties may, if they so estimate, be able to avail themselves of a single assistance and representation.

Thirteen. In any case not expressly regulated in this additional provision, the other additional provisions shall apply as soon as they are not opposed.

Fourteen. The Law on Civil Procedure will be applied with an extra character in its articles seven hundred and forty-one to seven hundred and sixty-one to the special procedure regulated in this additional provision.

Seventh.

The claims of nullity for reasons other than those provided for in the fifth additional provision shall be substantiated by the proceedings of the ordinary declaratory judgment.

Eighth.

In all the processes referred to in the above rules, the Prosecutor's Office shall be a party, provided that one of the spouses or their children is minors, disabled or absent.

Proceedings, hearings and other legal proceedings in the proceedings of nullity, separation or divorce shall not be of a public nature.

The judicial fee for the actions referred to in this Law will be reduced to fifty percent.

Ninth.

The sentences of separation, nullity and divorce shall be communicated to the Civil Records of their own office in which the marriage of the litigants and the births of the children is established.

At the request of a party, claims and judgments of separation, nullity and divorce may be entered or entered in the Property and Commercial Records.

10th.

On a provisional basis as long as there is a definitive regulation in the relevant legislation, in the area of pensions and social security, the following rules will govern:

First. The benefits of social security, without prejudice to the provision of pensions in this additional provision, shall be entitled to the spouse and descendants who have been beneficiaries by reason of marriage or affiliation, with independence from overlapping judicial separation or divorce.

Second. Those who would not have been able to marry, because of the legislation in force to date, but would have lived as such, the death of one of them prior to the validity of this Law, the other will be entitled to the the benefits referred to in the first subparagraph of this provision and the corresponding pension in accordance with the provisions set out

the following paragraph.

Third. The right to a widow's pension and other liabilities or benefits by reason of death shall correspond to the person who is or has been a legitimate spouse and in proportion to the length of time lived with the deceased spouse, irrespective of the causes that would have determined separation or divorce.

Fourth. Those who are in a legal position of separation shall have the same passive rights in relation to their ascendants or descendants as those who would be entitled to their marriage.

Fifth. The rights deriving from the preceding paragraphs shall be without effect as regards the spouse in the cases of Article 1 (1) of the Civil Code.

FINAL DISPOSITION

Once the Family Courts have been created, they will assume the functions attributed in this Law to those of the First Instance.

REPEAL PROVISION

Law seventy-six/thousand nine hundred and eighty, of twenty-six of December, is hereby repealed, determining the procedure to be followed in the causes of marriage separation.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Palacio de la Zarzuela, Madrid, a seven of July of a thousand nine hundred and eighty-one.

JOHN CARLOS R.

The President of the Government,

LEOPOLD CALVO-SOTELO AND BUSTELO