Ground of Divorce in Spanish Civil Law

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Ground of Divorce in Spanish Civil Law

Unread postby Admin » Sun Jan 12, 2014 4:44 pm

Ground of Divorce in Spanish Civil Law

Grounds for divorce under Article 86 of Spanish Civil Code are as under:
(1) The effective cessation of marital life for, at least, one uninterrupted year from the time of the filing of the petition for separation, filed either by both spouses or at least by one of them with the consent of the other one when at least one year since the celebration of marriage has elapsed.
(2) The effective cessation of marital life for, at least, one uninterrupted year from the time of the filing of the petition for personal separation, at the request of the petitioner or of one who filed a reconventional claim pursuant to Article 82, once the judgment of separation becomes final, or where, the expressed term having expired, there should be no judgment at trial level.
(3) The effective cessation of marital life for, at least, two uninterrupted years:
(a) From the time the de facto separation is freely consented by both spouses, and the time the judicial decree becomes final, or from the time of the declaration of the legal absence of any of the spouses at the request of either of them.
(b) When the petitioner of divorce proves that when the de facto separation began the respondent had incurred a ground for legal separation.
(4) The effective cessation of marital life for at least five years at the petition of either of the spouses.
(5) A final judgment finding the other spouse guilty of attempting against the life of the petitioning spouse or of his or her ascendants or descendants.
When the divorce is petitioned by both spouses, or by one of them with the other's consent, a proposal for a regulating agreement for the effects thereof, in accordance with Articles 90 and 103 of this Code, must be attached to the petition or to the first pleading filed in the proceedings.
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