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Settlement agreement for a separation or divorce by mutual consent, convenio regulador (Spain)

Spain · in Spanish

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For spouses in Spain separating or divorcing by mutual consent: the convenio regulador both sign and file with the Tribunal de Instancia or, if they have no minor non-emancipated children, execute before a notary (Art. 81, 82, 86, 87 and 90 of the Spanish Civil Code). It settles the children, the family home, maintenance, the property regime and any compensatory payment. The court or the notary decides. A lawyer is required on both routes, with a procurador (court representative) before the court and without one before a notary: this is the draft to take to that lawyer. Regional (foral) civil law may set other rules. In Spanish.

  • Last updated October 27, 2026
Legal
Spain
Español
Contract
Print & sign
2 pages

Published byDocMuse

When to use this document

  • You and your spouse in Spain have decided to divorce by mutual consent.
  • You want to separate without a court fight and set down who the children live with and who keeps the home.
  • You need a draft settlement agreement to take to the notary or the court.
  • You have no minor children and want to sign the divorce before a notary.

What you fill in

The details the document asks for.

  • City
  • Date
  • First spouse
  • First spouse's Spanish DNI or NIE
  • First spouse's address
  • Second spouse
  • Second spouse's Spanish DNI or NIE
  • Second spouse's address
  • Date of the marriage or civil partnership
  • Place where the marriage was celebrated
  • The spouses' children
  • What the spouses ask for: divorce or legal separation
  • Parental authority and custody
  • Children
  • Time-sharing, stays, contact and holidays with the children
  • Who pays the children's maintenance
  • Children's maintenance in words (in Spanish)
  • Children's maintenance, total per month (in euro, figure only)
  • Use of the family home: address, who and until when
  • Matrimonial property regime
  • Winding up the regime: which assets and debts each spouse takes (or that it will be done separately)
  • Compensatory payment (pensión compensatoria): who, how much and until when, or that neither claims it
  • Pets: who they will live with and how care and costs are shared

Common questions

Do you need a lawyer and a procurador for a mutual-consent divorce in Spain?
Yes. Before the Tribunal de Instancia, a mutual-consent petition requires a lawyer and a procurador, a court representative (Art. 750 of the Civil Procedure Act), who may act for both spouses. Before a notary, the spouses appear in person assisted by a practising lawyer, with no procurador (Art. 82 of the Civil Code). This agreement is the draft both sign and take to that lawyer; it does not replace their assistance.
When can spouses in Spain divorce or separate before a notary?
When three months have passed since the wedding and they have no minor non-emancipated children and no adult children with support measures assigned to the parents (Art. 82 and 87 of the Civil Code). Adult or emancipated children without income of their own who live in the family home must consent to the measures that concern them. In all other cases the Tribunal de Instancia decides. With a foral vecindad civil (Aragon, the Balearics, Catalonia, Galicia, Navarre or the Basque Country) other terms may be required; in Catalonia, with minor children, a parenting plan.
Can the court refuse the convenio regulador in Spain?
Yes. The judge approves the agreement unless it harms the children or is seriously prejudicial to one spouse; if refused, the spouses must propose a new one (Art. 90.2 of the Civil Code). Before a notary, if the notary sees it that way, the notary warns the spouses and closes the file, leaving the court route. Approved measures can be changed later if circumstances change substantially (Art. 90.3).

How you can sign this document

  • Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
  • Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked

DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.

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