DON JUAN CARLOS I, King of Spain to all that the present join together and Act, know: that them cuts General have approved and I come in sanction the following law: article first.
The title IV of the book first of the code Civil will be drafted of the following form: Title IV of the marriage chapter first of the promise of marriage article 42. The promise of marriage produces no obligation to contract him not comply with what has been stipulated for the event of your non-conclusion.
It will not accept a demand that compliance is sought.
Article 43. The breach without cause of some promise of marriage made by person older or emancipated minor will produce only the obligation to compensate the other part of expenditures made and obligations into consideration promised marriage.
This action will expire a year counted from the date of the refusal to the celebration of the marriage.
Chapter II of the requirements of article 44 marriage. The man and the woman have the right to marry in accordance with the provisions of this code.
Article 45. There is no marriage without marital consent.
The condition, term or mode of consent shall be no.
Article 46. They can not get married: 1. ° unemancipated minors.
2. ° which are linked with link marriage.
Article 47. They may not marry each other: 1. ° relatives in line straight by consanguinity or adoption.
2nd. the collateral by consanguinity to the third degree.
3rd. convicted persons as perpetrators or accomplices of the intentional death of the spouse of any of them.
Article 48. On request, the Minister of Justice can dispense the impediment of fraudulent death of the former spouse.
The Court of first instance may dispense with just cause, and on request, impediments between collateral third grade and age from the age of fourteen. In records of waiver of age must be heard the minor and his parents or guardians.
The subsequent waiver validates, from your celebration, marriage whose nullity was not requested legally by any of the parties.
Chapter III of the form of marriage section i. General provisions article 49. Any Spanish can marry inside or outside Spain: 1. ° before the judge or officer designated by this code.
2. ° religious as legally provided.
You can also get married outside Spain pursuant to the form established by the law of the place of celebration.
Article 50. If both parties are foreigners, may celebrate the marriage in Spain according to the form prescribed for the Spaniards or fulfilling the established by the personal law of any of them...
Section II. Of the celebration before the judge or official that make their times article 51. It will be competent to authorize marriage: 1. ° the judge in charge of the Civil Register.
2. ° in the municipalities in that not resides said judge, the mayor or the delegate designated by regulation.
3rd. diplomatic or consular officer overseas Civil Registry.
Article 52. You can authorize the marriage that is in danger of death: 1. ° the judge in charge of the Registrar or delegate, even if the contracting parties do not reside in his district and, in the absence of both, the Mayor.
2. ° in the absence of the judge, and with respect to the military campaign, the officer or immediate superior boss.
3rd. regarding marriages which are held on board ship or aircraft, the captain, or commander of the same.
This marriage will not require for its approval the prior formation of record, but the presence, in its celebration, two witnesses of age, unless proven impossible.
Article 53. The validity of the marriage will not be affected by the incompetence or lack of legitimate appointment of the judge or officer authorized by him, provided that at least one of the spouses had proceeded in good faith, and those exercising his functions publicly.
Article 54. When if serious cause sufficiently proven, the Minister of Justice may authorize the secret marriage. In this case, the record shall be dealt with quietly, without the publication of edicts or proclamations.
Article 55. May authorize is in the record marriage that the each party that not resides in the district or demarcation of the judge or official authorising celebrate the marriage by proxy to who has granted to special in form authentic, but always will be required the assistance personal of the other spouse.
In power will determine the person who has entered into marriage, with the expression of personal circumstances specific to establish his identity.
Power lapse by reversal of the grantor, the resignation of representative or the death of any of them. In the case of a revocation by the principal just its manifestation in authentic form before the celebration of the marriage. Revocation shall be notified immediately to the judge or authorising officer.
Article 56. Those wishing to contract marriage previously, credited on record processed in accordance with the legislation of the Civil Registry, meet the capacity requirements laid down in this code.
If any of the Contracting Parties affected by deficiencies or psychic anomalies, medical opinion about its ability to provide the consent shall be required.
Article 57. Marriage shall be held before the judge or official corresponding to the domicile of either of the intending spouses and two adult witnesses.
The provision of consent may also be made by delegation of the judge or officer responsible for the competent Civil Registry, or at the request of the parties or ex officio before a judge or charged with another Registrar.
Article 56. The judge or officer, after read articles 66, 67 and 68, asks each of the intending spouses if they agree to marry each other and if actually get in the Act, both responding affirmatively, will declare that they are United in marriage and will extend the registration or the corresponding minutes.
Section III. The celebration in the religious form article 59. Matrimonial consent may be given as provided by a religious denomination inscribed, on the terms agreed with the State or, failing that, authorized by the legislation of that.
Article 60. The marriage celebrated according to the rules of Canon law or in any of the religious forms provided for in the preceding article produces civil effects. For the full recognition of the same it will be provisions in the next chapter.
Chapter IV registration of marriage in the Civil Register article 61. The marriage produces civil effects from your celebration.
Your registration in the Civil Register will require the full recognition of human rights.
Not registered marriage would not undermine rights acquired in good faith by third parties.
Article 62. The judge or officer to who will celebrate the marriage extend immediately after celebrated, the inscription or the corresponding certificate with his signature and that of the parties and witnesses.
Also practiced the inscription or extended the Act, the judge or officer shall deliver to each of the intending spouses proof of the marriage.
Article 63. The registration of marriages held in Spain in religious form is practiced with the simple presentation of the certification of the Church or respective confession, that will express the circumstances provided by the law of the Civil Registry.
Deny the practice of the seat when submissions or seats of the register stating that marriage does not meet requirements that are required in this title to be valid.
Article 64. Recognition of the secret marriage simply his registration in the special book of the Central Civil Registry, but it shall not prejudice rights acquired in good faith by third parties but since its publication in ordinary Civil Registry.
Article 65. Subject to article 63, in all other cases in which the marriage is any held without having processed the corresponding record, judge or official in charge of registration, before registration, you should check if meet the legal requirements for your celebration.
Chapter V rights and duties of the spouses article 66. The husband and the wife are equal in rights and duties.
Article 67. The husband and the woman should respect is and help is mutually and act in interest of the family.
Article 68. The spouses are obliged to live together, save is fidelity and aid is mutually.
Article 69. Is presumed, except test in opposite, that the spouses live together.
Article 70. Them spouses set of common agreement the domicile conjugal and, in case of discrepancy, will solve the judge, taking in has the interest of the family.
Article 71. None of them spouses can be attributed is the representation of the other without you has been conferred.
Article 72. Suppressed.
Chapter VI of the nullity of the marriage article 73. Is null, any that is the shape of their celebration: 1. ° the marriage celebrated without consent marriage.
2. ° the marriage celebrated between the people to is refer them articles 46 and 47, except the cases of dispenses according to the article 48.
3. ° which shrinks without the intervention of the judge or officer before whom should be held, or the witnesses.
4. ° the one held by mistake in the identity of the person of the other party or those personal qualities which, by your institution, have been determinants of providing consent.
5. ° the contracted by coercion or grave fear.
Article 74. The action for the nullity of marriage corresponds to spouses, the public prosecutor and any person having direct and legitimate interest therein, except as provided in the following articles.
Article 75. If the cause of nullity is the lack of age, while each party is less only you can exercise any action of their parents, tutors or guardians and, in any case, the public prosecutor's Office.
Upon reaching the age of majority only may exercise the action each party less, unless the spouses have lived together for a year after of reached that.
Article 76. In cases of error, coercion or grave fear only the spouse who had been Vice may exercise the action of nullity.
Expires action and it validates marriage if spouses had lived together for a year then fade the error or stopped the strength or the cause of the fear.
Article 77. Suppressed.
Article 78. Judge not remember the nullity of a marriage default form, if at least one of the spouses contracted in good faith, except as provided in point 3 of article 73.
Article 78. The Declaration of nullity of the marriage not void them effects already produced with regard to them children and of the each party or contracting parties of good faith.
Good faith is presumed.
Article 80. Decisions rendered by the ecclesiastical courts on invalidity of canonical marriage Pontifical decisions on marriage while and not consummate will have efficacy in the civil order, at the request of either party, whether declared tight to the law of the State in ruling by the competent civil court judge agree to the conditions referred to in article 954 of the Civil procedure law.
Chapter VII article 81 separation. It will Decree judicially the separation, which is the form of marriage: 1. ° at the request of both spouses or of one with the consent of the other, after the first year of marriage. The proposal of the agreement of separation, in accordance with articles 90 and 103 of this code must be necessarily accompanied to demand.
2. ° at the request of one of the spouses, when the other is in legal cause of separation.
Article 82. They are causes of separation: 1st the unjustified abandonment of the home, marital infidelity, derogatory or vexatious conduct and any other serious or repeated violation of marital duties.
You may not invoke as a cause the marital infidelity if there is prior separation in fact freely consented to by both or imposed by that alleges it.
2nd any serious or repeated violation of the duties with respect to the children or over any of the spouses who live in the family home.
3rd sentence to deprivation of liberty for more than six years.
4th the alcoholism, drug addiction or the mental perturbations, provided that the interest of the other spouse or of the family require the suspension of coexistence.
5th the ceasefire effective from the coexistence conjugal during six months, freely consented. Is, means freely lent this consent when a spouse required convincingly to the other for provide it, warning habiles you expressly of them consequences of this, and this not recalled its will in against by any half admitted in right or asked the separation or them measures provisional to is concerns the article 103, in the term of six months starting from the cited requirement.
6th the effective cessation of conjugal cohabitation for the period of three years.
7 any of the causes of divorce in the terms, expected in them numbers 3. °. 4. ° and 5. ° of the article 86.
Article 83. The sentence of separation produces the suspension of common life of the married, and stops the possibility of link property of the other spouse in the exercise of the domestic power.
Article 84. Reconciliation puts an end to the separation procedure and leaves without further effect as it solved, but spouses must inform that the judge who understand or have understood on the proceedings.
This however, by judicial decision will be maintained or modified measures taken in relation to the children, where there is cause that justifies it.
Chapter VIII of the dissolution of the marriage article 85. The marriage is dissolved, whatever the form and the time of its conclusion, by death or declaration of death of one of the spouses and divorce.
Article 86. They are causes of divorce: 1st the cessation of effectiveness of conjugal cohabitation for at least one uninterrupted year from the filing of the demand for separation made by both spouses or one of them with the consent of the other, when one had filed once a year elapsed since the celebration of the marriage.
2nd the cessation effective of the coexistence conjugal during at least one year uninterrupted from the interposition of it demand of separation personal, to request of the claimant or of who has formulated counterclaim according to it established in the article 82, a time firm it resolution positive of it demand of separation or, if elapsed the expressed term, not had relapsed resolution in the first instance (, 3rd the effective cessation of conjugal cohabitation for at least two consecutive years: to) since separation consent freely by both spouses or in fact from the firmness of the judicial decision, or the Declaration of legal absence of any of the spouses, at the request of any of them.
(b) when who requested the divorce shows that, at the beginning of the separation in fact, the other was in the cause of separation.
4th the effective cessation of conjugal cohabitation for at least five years, at the request of either spouse.
5th sentence in judgment by threatening the life of the spouse, ascendants or descendants.
When divorce is requested by both parties, or by one with the consent of the other, the proposal should be necessarily accompanied by demand or the initial written agreement of its effects, in accordance with articles 90 and 103 of this code.
Article 87. Effective of conjugal cohabitation to stop, to refer articles 82 and 86 of this code, is compatible with the maintenance or the resumption of temporary living at the same address, when this obey in one or both spouses to the need, the attempt of reconciliation or the interest of the children and thus be credited by any means admitted to law in the process of separation or divorce corresponding.
The interruption of the coexistence does not imply the effective cessation of the same if you heed to labor, professional reasons or any other of a similar nature.
Article 88. The divorce action is extinguished by the death of either spouse and their reconciliation, which must be express when it occurs later filed demand.
Subsequent to the divorce reconciliation does not produce legal effects, while the divorced may collapse if new marriage.
Article 89. The dissolution of the marriage by divorce may only take place by judgement stating so and produce effects from its firmness. It will not harm third parties in good faith but from its registration in the Civil Register.
Chapter IX common to the annulment, separation and divorce effects article 90. The agreement referred to in articles 81 and 88 of this code shall relate at least to the following ends: to) the determination of the person to whose care have become the children subject to the parental authority of both, the exercise of this 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 grave.
(C) contribution to marriage and food loads, as well as their bases of update and guarantees in its case.
((D) the winding-up, where necessary, of the economic regime of marriage E) pension that corresponds to satisfy, where applicable, to one of the spouses in accordance with article 97.
The agreements of the spouses, adopted to regulate the consequences of nullity, separation or divorce will be approved by the judge, unless they are harmful to children or seriously damaging to one of the spouses. The refusal shall be made by reasoned ruling and in this case the spouses must submit to consideration of the proposed new judge for approval, if necessary. Since judicial approval, they may be affective by way of enforcement.
The measures that the Court adopts in the absence of agreement, or the agreed by the spouses, may be modified judicially or by new Convention when the circumstances are substantially alter.
The judge may establish real or personal guarantees required by the Convention.
Article 91. With them judgments of nullity, separation or divorce, or in execution of them same, the judge, in default of agreement of them spouses or in case of not approval of the same, will determine according to it established in them articles following them measures that have of replace to them already adopted with previously in relation to them children, the housing family, them loads of the marriage liquidation of the economic regime and the precautions or respective guarantees, establishing that coming if for some of these concepts had not taken any. These measures may be modified when you alter substantially the circumstances.
Article 92. The separation, the invalidity and the divorce not exempt to the parents of their obligations for with them children.
Them measures judicial on the care and education of the children will be taken in benefit of them, after hear les if had enough trial and always to them greater of twelve years.
In the statement the deprivation will remember parental when cause for this is revealed in the process.
You may also remember, when appropriate to the children, parental authority is exercised total or partially by one of the spouses or the care of them corresponding to one or the other trying to not separate the brothers.
The judge, ex officio or upon request, may obtain the opinion of specialists.
Article 93. The judge, in all cases, will determine the contribution of each parent to meet the food and will take suitable measures to ensure the effectiveness and accommodation of the benefits to economic circumstances and needs of the children at all times.
Article 94. The parent who does not have with him the children minors or disabled persons shall enjoy the right to visit them, communicate with them and have them in your company. The judge determines the time, method and place of exercise of this right, which may limit or suspend if serious circumstances that thus do so dieren or is failed repeatedly or severe duties imposed by Judicial resolution.
Article 95. The final judgment will produce, with respect to the assets of the marriage, the dissolution of the marital economic regime.
If the sentence of nullity declares it bad faith of one only of loe spouses, which has operation of good faith may opt by apply in the liquidation of the regime economic double them provisions relating to the regime of participation and the of bad faith not will have right to participate in them profits obtained by his consort.
Article 96. In default of agreement of the spouses approved by the judge, the use of the family home and the ordinary objects in it corresponds to the children and the spouse in whose company they are.
When some children remain in the company of one and the remaining in the other, the judge will resolve the appropriate.
Not having children, you will remember that the use of such property for the time that is cautiously set, corresponds to the non-owner spouse, provided that addressed the circumstances, make it advisable and his interest was the most needed protection.
To provide housing and given goods whose use corresponds to the spouse not holder will require is the consent of both parties or, where appropriate, judicial authorization.
Article 97. The spouse that separation or divorce produces economic imbalance in relation to the position of the other, involving a worsening in its previous location in marriage, is entitled to a pension that will be set in the judicial resolution, taking into account, inter alia, the following circumstances: 1 the agreements that the spouses have reached.
2nd age and State of health.
3rd the professional qualification and the chances of access to employment.
4th the past and future commitment to the family.
5th collaboration with his work in commercial activities, industrial or professional of the other spouse.
6th the duration of marriage and conjugal cohabitation.
7 the loss possible of a law of pension.
8th flow and economic means and the needs of one and another spouse.
In the judgment the bases shall be fixed to update the pension and the guarantees of its effectiveness.
Article 98. The spouse in good faith whose marriage has been declared void shall be entitled to compensation if there has been conjugal cohabitation, the circumstances provided for in article 97.
Article 99. At any time you can agree replacing pension fixed judicially pursuant to article 97 by the Constitution of an annuity, the usufruct of certain goods or the delivery of a capital property or money.
Article 100. Fixed pension and the bases of its update in the judgement of separation or divorce, may only be modified by substantial alterations in the fortune of one or other spouses.
Article 101. The right to pension is extinguished by the cessation of the cause that motivated him, by the new creditor marriage or living maritally with another person.
The right to pension is not extinguished by the mere fact of the death of the debtor. However, the heirs of this may request judge the reduction or withdrawal of that one, if the estate could not meet the needs of debt or affect the legitimate rights.
Chapter X of the measures temporary by demand of annulment, separation and divorce article 102. Admitted the demand for annulment, separation or divorce, are produced, by operation of law, the following effects: 1. ° spouses can live separate and apart and the presumption of conjugal cohabitation ceases.
2. ° are revoked consents and powers that either spouse had bestowed upon the other.
In addition, unless otherwise agreed, stops the possibility of linking the proprietary property of the other spouse in the exercise of the domestic power.
To this effect, either party may urge the timely entry in the Civil Register and, where appropriate, in property and commercial law.
Article 103. Admitted the demand, the judge, in the absence of agreement of both spouses legally, approved shall, with audience, the following measures;
1 determine, in the interest of the children, with which the spouses have become the subject to the parental authority of both and take appropriate in accordance with provisions in this code and in particular the way in which spouse away from the children be able to fulfill the duty to ensure these and time, mode and place in which you can communicate with them and have them in your company.
Exceptionally, the children may be entrusted to another person, and not any, a suitable institution, giving functions tutelary they shall serve under the authority of the judge.
2nd determine, taking into account the most needed protection family interests, which one of the spouses is to continue in the use of the family home and also previous inventory, goods and objects of the grave goods that continue in this and who is carrying the other spouse, as well as also the precautionary measures suitable to preserve the right of each.
3rd set, the contribution of each spouse to the loads of marriage, including if necessary the «litis expense», establish the basis for the update of quantities and provide guarantees, deposits, deductions or other measures precautionary suitable, in order to ensure the effectiveness of what these concepts a spouse has paid to the other.
You will be considered contribution to these loads work that one of the spouses dedicated to the care of the children subject to parental authority.
4th noted, addressed circumstances, marital or common goods which previous inventory, will be delivered to one or another spouse and rules that can be observed in the management and disposal, as well as mandatory accountability on common goods or part of them who receive and those who acquire thereafter.
5th determine, where appropriate, the regime of administration and disposition of proprietary goods that were especially affected by the burdens of marriage capitulations or deed.
Article 104. The spouse who intends to sue the nullity, separation or divorce of their marriage can apply for effects and measures referred to in the two preceding articles.
These effects and measures only persist if, within the thirty days following to count since were initially adopted, are presents the demand before the judge or court competent.
Article 105. Do not fail to comply with the duty of cohabitation the spouse who leaves the marital home for a reasonable cause and within thirty days presents the demand or request referred to in the preceding articles.
Article 108. Effects and measures provided for in this chapter end, in any case, when they are substituted by the positive judgment or put an end to the procedure in other words.
Revocation of consents and powers means final, chapter XI rules of private international law article 107. Separation and divorce are governed by the common national law of the spouses at the time of the filing of the demand; in the absence of a common nationality, by the law of the habitual residence of the marriage and, if the spouses had their habitual residence in different States, by Spanish law, provided that the Spanish courts are competent.
The judgments of separation and divorce issued by foreign courts will produce effects in the Spanish legal system from the date of their recognition in accordance with the provisions of the Civil procedure law.
Articles of the Civil Code referred to below are modified in a way that is expressed.
Article 176. Suppressed.
Article 195. The last paragraph is hereby repealed.
Article 855. The first cause is written thus: «1st have failed repeatedly or severe marital duties.»
Article 919. Is worded thus: «the computation of that is the article earlier governed in all them materials.»
TRANSITIONAL provisions first.
Them divorced by sentence firm to the amparo of the law of divorce of two of March of thousand 1900s thirty and two may collapse new marriage, except if the sentence was cancelled judicially.
The facts that have taken place or situations created prior to the entry into force of this Act produced effects which recognized chapters VI, VII and VIII of the title IV of book I of the Civil Code.
Will be Computable them periods of time elapsed for the purposes of sue the separation or the divorce in accordance with it established in the same.
PROVISIONS additional insofar as not is modify the law of prosecution Civil, is observed the following rules procedural: first.
Them organs jurisdictional Spanish will be competent to know of them demands about separation, divorce and nullity of the marriage in those cases following: first. When both spouses have Spanish nationality.
Second. When residents of Spain.
Third. When the petitioner is Spanish and has his habitual residence in Spain, what ever the nationality and residence of the respondent.
Room. When the respondent, what ever their nationality, is a resident in Spain.
One. Shall be responsible for the knowledge of the demands in application of the civil effectiveness of a judgment given by the ecclesiastical courts on canonical nullity or Pontifical decisions on marriage time and not consummate the Court of first instance of the place of the marital home and if the spouses reside in different judicial districts, to the same class of the last domicile of the marriage or of the place of residence of the other spouse , at the option of the applicant.
Two. Presented the demand by any of the parties, the judge will give audience within nine days to the other spouse and the public prosecutor's Office; and if, having not made opposition, appreciates that the resolution is true and set to the right of the State, agree by auto efficiency in the civil order of the resolution or ecclesiastical decision, proceeding to execution pursuant to the provisions of the Civil Code on the causes of nullity and dissolution.
3. Against the car issued by the judge will not be recourse, but if I were denegatorio or there had been opposition, it will be to the right of the parties and of the Prosecutor to formulate its claim in the corresponding procedure.
Will be judge competent to know of the processes of nullity, separation and divorce the of first instance of the place of the domicile conjugal. In the case of the spouses reside in different judicial districts, will be competent judge, at the option of the plaintiff, the last home of the marriage or residence of the defendant.
Those who had no fixed domicile or residence may be sued in the place they are staying or of his last residence, at the choice of the applicant.
The agreements of the parties which alter the provisions of this standard are null.
Judicial decisions referred to in articles one hundred and seventy four of the Civil Code it will give previous procedures established in one thousand eight hundred and eighty-four, one thousand eight hundred and eighty-five articles and concordant of the Civil procedure law.
The resolutions referred to reference the article hundred three of the Civil Code is will dictate by the procedures of articles one thousand eight hundred and ninety-six and following of the Civil procedure law.
The demands for separation and divorce, except those provided for in the sixth additional provision of invalidity covered cause the secluded two and three of the article seventy-three and which are formulated on the basis of title IV of book I of the Civil Code and do not have designated a special procedure, they sustanciaran by the procedures of the incidents with the following modifications (: a) will not be necessary to previously attempting conciliation.
(b) when prompted for benefit of legal aid, the actor or the defendant shall be dealt with the incident in part separate, without stopping or suspending the course of the main lawsuit, whose performances will tentatively practice without taking away of rights.
(c) the term to appear and answer the demand and propose, where appropriate, the counterclaim shall be twenty days.
(d) if it would have been counterclaim, the actor will reply within ten days.
(e) no counterclaims that had not been established in any of the causes that may lead to separation, divorce or annulment due to foreseen in paragraphs two and three of the article seventy and three of the Civil Code shall be allowed.
(f) the proposition and practice the test period shall be thirty days common to the parties.
(g) when any of the disputants proposed test in the last two days of the period, the other parties shall have the right to propose, at the same time, test on the same ends within two days following notification of the Providence in which one is admitted. In this case, the practice of the proposed test will take place within five days.
(h) no will govern these processes disqualifications contained in thousand two hundred forty-seven of the Civil Code article.
(i) the judge who offered doubts about the concurrence of circumstances in each case required by the Civil Code to declare the nullity, separation or divorce may agree, to better provide, any test, including the witness.
(j) the appeal shall only be allowed at the request of the public prosecutor's Office and in the interest of the law.
(k) at any point in the process, going the requirements indicated in the sixth additional provision, the parties may request to continue the procedure by the procedures that are established.
One. Separation or divorce petitions filed jointly by both spouses or by one of them with the consent of the other shall be handled by the procedure laid down in this additional provision.
Two. The request shall be formulated in writing and it must be accompanied: certification of registration of marriage and, where appropriate, of the birth of children in the Civil Register, proposed regulatory agreement pursuant to article 90 of the Civil Code and the document or documents in which the spouse or spouses, blend their right.
3. For the purposes of the provisions of the preceding paragraph shall provide the following documents: first. In the course of the 1980s article and one, one, of the Civil Code, the Act or the marriage certificate that certifies that it has held at least one year before the filing of the notice of petition for separation.
Second. In the course of the 1980s article and six, one, the positive decision of the demand for separation or testimony accrediting the filing of the demand for separation.
Third. In the course of the eighty six, two article, the positive decision of the demand for separation or testimony, accreditation of the filing of the demand for personal separation, provided that the other spouse from sticking to it.
Room. In the course of three eighty-six article to), the Judicial resolution or any other document attesting to the right.
Fifth. In them others alleged in that sobreviniere agreement in the presentation of the written of request of separation or divorce, the spouse or spouses must accompany to the cited written them documents that it credited, as well as the compliance of the others requirements that should attend.
When the spouses not aportaren them cited documents, is allowed, any half of test recognized in right, that must practice is in the term extended of ten days, four. In the term of three days to count from the presentation of the request, the judge will require to them parties to within equal term is ratify by separate in its request of separation or divorce.
5. The admission or rejection as inadmissible to pending of the request will take the form of auto.
Only will proceed it inadmissible if not is present them documents to is refer them numbers two and three of this available, or if the spouses not had ratified the request. In the first case is granted a term of ten days to remedy the defects and complete, in his case, the Convention regulator. It auto of inadmissibility may be appealed in appeal within the term of five days.
6. If had children minor or incapacitated, the judge will give audience by five days to the Ministry tax on them terms of the Convention relative to them children, and, in your case, will give audience to them same. Issued report by the public prosecutor's Office or after the deadline for doing so, the judge, if it considers that the Convention does not cover sufficiently the interests of children, remember that parties, in the non-extendable term of five days, may submit a new text to it and proposed evidence that try to fend for his approval. Practiced the proposed test, the judge, in a period not exceeding ten days, may agree to provide best practice of any other that it deems necessary.
7. The judge will issue a ruling within five days. If the judgment declared the separation or divorce, but does not approve the agreement referred to in the previous number at some point, granted to spouses within ten days to propose new Convention with regard to this point; and, presented the proposal, or expiry of the period granted, it shall adopt auto within the third day, solving the task.
The judgment and, where appropriate, ratifying the Convention auto may be challenged on appeal within the period of five days.
8. Further requests for amendment of the Convention or of the judicial measures, by variation in the circumstances taken into consideration, will be processed by the same procedure followed for its adoption.
Nine. In the procedure established by this provision is mandatory intervention of Attorney and paralegal, but both spouses may use a single defense and representation. It will be of supplementary application procedure established for incidents in the Civil procedure law.
10. The verdict may bring appeal before the Civil of the respective audience Chamber, within the period of five days.
Eleven. The public prosecutor, having children minor or incapacitated and, in any case, spouses may apply for the judge's approval of a new Convention, processed according to the established in the previous issues, on the assumption that have substantially changed the circumstances taken into account previously.
12. In these lawsuits, Attorney and paralegal assistance is mandatory, but the parties, can if they think, to use a single assistance and representation.
13. In all it not expressly regulated in this provision additional is apply insofar as not is opposed to this, the remaining provisions additional, fourteen. The Civil procedure law shall apply on a suppletive basis articles one to seven hundred and threescore and forty-seven hundred and one special procedure regulated in this additional provision.
The claims for annulment for reasons other than those provided for in the fifth additional provision will be examined by the procedures of the ordinary declarative judgement.
In all the processes to is refer them standards earlier will be part the Ministry Fiscal, whenever any of them spouses or their children are minor, disabled or absent.
The proceedings, hearings and others performances judicial in the processes of nullity, separation or divorce not will have character public.
The rate judicial corresponding to the performances to is concerned this law will be reduced to the fifty percent.
Separation, annulment and divorce judgments shall be communicated ex officio to vital records showing the marriage of litigants and the births of children.
At the request of a party, may be recorded or registered in the records of the property and commercial demands and judgments of separation, annulment and divorce.
Provisionally as a definitive regulation in the corresponding legislation, be given in the field of pensions and Social Security, shall apply the following rules: first. Benefits of Social Security, without prejudice to the provisions concerning pensions in this additional provision, entitled the spouse and descendants who would have been beneficiaries by reason of marriage or filiation, irrespective of which rendered legal separation or divorce.
The second. Who not had been able to marry, to prevent legislation to date, but they had lived as such, on the death of one of them prior to the entry into force of this law, the other shall be entitled to the benefits are referred to in paragraph first of this provision and to the corresponding pension in accordance with what is established in the following section.
Third. The right to widow's pension and other liabilities rights or benefits by reason of death will correspond to who is or has been legitimate spouse and proportional amount at the time lived with the deceased spouse, irrespective of the causes that have determined the separation or divorce.
Fourth. Which are in legal situation of separation will have the same passive rights with regard to their ascendants or descendants who would them be dissolved their marriage.
Quinta. Rights derived from the preceding paragraphs shall be without effect in terms of the spouse in the assumptions of the one cent article of the Civil Code.
FINAL disposition once created the family courts, will assume the functions conferred by this law to the first instance.
PROVISION REPEALING is repealed the law seventy-six/mil 1900s 80, of 26 December, which determines the procedure to follow on the causes of marital separation.
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
Palacio de la Zarzuela, Madrid, on 7 of July of the year one thousand nine hundred and eighty-one.
JUAN CARLOS R.
The Prime Minister, LEOPOLDO CALVO-SOTELO and BUSTELO