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Divorcing before Notary and Getting Married at 16

Two of the things related to marriage that the Spanish Congress has voted favourably on, earlier this week, thus approving the project for a new law, the Ley de Jurisdicción Voluntaria / Voluntary Jurisdiction.

Under this new law, notaries and judicial secretaries will be able to perform marriages, and conduct divorce proceedings. The latter only when with mutual consent, and no minors or disabled persons involved. This will broaden the choice of legal officials to perform these duties, thus lightening the load and shortening waiting periods.

The minimum age to get married goes from 14 to 16 years, and so does the minimum age for consensual sex, thus eliminating the possibility for minors to ´emancipate´ for the sole purpose of getting married at the age of only 14.

Until now, only religious marriages performed by catholic, jewish or muslim officials were recognised as civil marriages, now added are those performed by orthodox rite, Buddhist, mormon and Jehovah witness.

The new law will now pass to the Senate to be voted on, we will keep you posted on the outcome and the date the new law will apply.

Update 29.7.2017: law will enter in force on 30th of June 2018, coinciding with the date the reform of the Law on the Registro Civil is supposed to come into force. If the latter is postponed for whatever reason, so will automatically the Ley de Jurisdiccion Voluntario on the subjects outlined in this article.


Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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