When a married couple decides to separate, they can annul their engagement through divorce, also known as the legal dissolution of a marriage. In Spain, 7 out of 10 couples break their vow, and there are more and more. According to the Statistics on Annulments, Separations and Divorces published by the National Institute of Statistics, the number of marriage breakdowns in 2022 was 90,582, 13.2% more than in 2021, when there were a total of 86,851 divorces.
These data reveal that our country is one of the European countries with the highest annual divorce rate. But divorce is not free, and money is usually one of the reasons why couples, instead of divorcing, decide to simply ask for separation. It’s worth it? How much does a divorce cost in 2023?
The approximate cost of a divorce varies, but we can place it between 500 and 5,000 euros. The final price for the rupture process depends to a large extent on the circumstances in which it occurs, that is, the type of divorce that is celebrated. In addition, there are factors external to the marriage relationship that also affect the total price of the procedure, such as the fees of lawyers and solicitors.
Broadly speaking, the Civil Code establishes that there are two main types of divorce: divorce by mutual agreement and contentious divorce. Both procedures serve the same purpose: to dissolve the marriage bond with the possibility of remarriage in the civil order. However, each type of divorce has its particular characteristics and, consequently, a different economic price.
Divorce is by mutual agreement when both spouses agree on the decision to end the marriage and on the way to do it. This method is the cheapest and fastest, especially if the couple chooses to hire the services of the same lawyer and solicitor to assist them both. The price is even cheaper if there are no children and if the marriage was celebrated in separation of property.
In certain circumstances, it is possible to carry out a divorce by mutual agreement without the presence of a solicitor and before a notary public. It is what is known as notarial divorce or express divorce, which was introduced by Law 15/2015, of July 2 in the Civil Code on separation, divorce and common effects. The notarial divorce allows the dissolution of the marriage bond by non-judicial means, provided that the couple have been married for at least three months, do not have minor children in common and that both have made the decision. However, if there are children in common, the express divorce can only be processed in court.
A mutually agreed divorce in 2023 is around 1,000 euros if the procedure is carried out before a court. In the event that a notarial divorce is celebrated, the cost can be reduced by half and be around 400-500 euros. However, it must be remembered that there are certain factors that influence the final price. For example, lawyers are free to set their fees, and the divorce process will be longer and more complex (and more expensive, too) if a separation of property is required.
On the other hand, there is the contentious divorce or without mutual agreement, either because the spouses do not agree in the negotiations regarding it or because one of the parties does not want to accept the divorce. This procedure is much longer and more expensive, economically speaking.
For starters, the parties cannot be represented by the same lawyer and solicitor, so the expenses are doubled. The lawyer’s fees in a contentious divorce range between 1,000 and 2,000 euros, to which must be added the attorney’s fees, around 500 euros.
In addition, whether there are children or not, the divorce must be decided and established through the courts, with all the procedures and procedures that this implies. For example, additional procedures may have to be carried out, such as asset investigations and expert reports, which implies spending another 1,500 euros.
In the case of couples with minor children in common, the marital breakdown usually generates even more steps that increase the cost of the process. If the presence of a child psychologist or expert was necessary, for example, he would charge about 1,000 euros for intervening and another 300 euros for testifying in court.
If at the end of the trial, one of the spouses does not agree with the decision and wants to appeal, an additional 900 euros must be added to the account. In total, a contentious divorce can easily reach 5,000 euros per spouse, without counting the emotional wear and tear and the investment of time. It is important to know that a contested divorce can become an amicable one at any time, with or without mediation, at the will of the parties, so if it gets stuck, you can always “go back”.
