Many family decisions can be formalised before a notary quickly and with full legal certainty: choosing the matrimonial property regime, agreeing the consequences of a possible separation, getting married or, if there are no minor children, divorcing by mutual consent.
What you are signing
- Matrimonial property regime: in Catalonia, unless otherwise agreed, separation of property applies: each spouse keeps ownership of what they acquire. A marital agreement (capitulaciones) can opt for another regime, such as community of acquired property or participation.
- Agreements in anticipation of separation: arrangements on compensatory payments, use of the home or division of assets in the event of separation or divorce.
- Settlement agreement (convenio regulador): in a separation or divorce, the document governing use of the home, compensatory payments and the division of joint property.
Transactions and documents
Identity documents for the parties are listed below, in the common section.
Marital agreements
Can be made before or after the wedding, to set or change the matrimonial property regime.
Documents
- ID of both spouses or future spouses.
- Marriage certificate, if already married.
- If the previous regime is being wound up, a list of assets and title deeds.
Agreements in anticipation of separation
In Catalonia, they must be executed as a public deed. If made before the marriage, they must be signed at least thirty days before the wedding.
Documents
- ID of both parties.
- Information on their assets and income, so that the agreements are made with full knowledge.
Marriage before a notary
The notary can process the marriage file and officiate the wedding.
Documents
- ID or passport of both parties.
- Full birth certificate.
- Registration certificate covering the last two years.
- If previously married, a certificate recording the divorce or the death of the former spouse.
- Two adult witnesses.
Separation and divorce by mutual consent
Can be executed before a notary when both spouses agree and have no minor children, nor adult children needing support measures. A lawyer must assist.
Documents
- ID of both spouses.
- Full marriage certificate and children’s birth certificates, if any.
- Settlement agreement signed by both spouses and their lawyer.
- If the property regime is being wound up, title deeds to the assets.
Registered partnership
In Catalonia, a stable partnership (parella estable) can be constituted by public deed, which may include agreements on cohabitation and its consequences if the relationship ends.
Documents
- ID of both partners and certificates of marital status.
Frequently asked questions
How long does a notarial divorce take?
If the settlement agreement has been drafted and signed, the deed can be executed within a few days, much sooner than court proceedings.
Can we change our property regime during the marriage?
Yes, at any time, through a marital agreement executed by both spouses.
Can agreements in anticipation of separation be amended?
Yes, by mutual agreement and also by public deed.
Identity documents (common to all transactions)
Individuals
- Valid ID card, NIE or passport.
- Marital status and, if married, your matrimonial property regime (and any marital agreement deed).
- Foreign nationals need an NIE (foreigner identification number) for transactions with tax implications.
Companies
- Deed of incorporation and current articles of association, recorded at the Commercial Registry.
- The company’s tax ID (NIF).
- Deed appointing the director, or the representative’s registered power of attorney.
- Details for the beneficial ownership declaration.
If you act on behalf of someone else
- Authorised copy of the notarial power of attorney.
This information is for guidance only. Depending on the circumstances, the notary’s office may request additional documents.