Mutual-consent divorce in Catalonia: agreement and steps in 2026

A mutual consent divorce usually reduces time, cost, and conflict but requires a clear and executable settlement agreement. A generic text may leave unresolved extraordinary expenses, holidays, sale of the property, or future decisions regarding children.

What should be included in the agreement

Depending on the case, it must regulate custody, maintenance, use of the property, division of expenses, compensatory pension, and liquidation or management of common assets. In Catalonia, when there are minor children, the parenting plan specifies responsibilities, communications, changes in residence, calendar, and decision-making process.

Judicial or notarial route

With minor children or individuals for whom support measures must be established, the agreement is processed judicially and will be reviewed considering their best interests. The notarial route is only possible in cases permitted by law and requires legal assistance.

The property and mortgage

Attributing the use of the property does not automatically change ownership or release anyone from obligations to the bank. If it is intended to sell, assign, or refinance, coordination between the agreement, deed, tax implications, and consent of the creditor entity must be ensured.

The agreement should be executable

Amounts, dates, and rules must be specific. It is also advisable to provide how information will be exchanged, updated expenses, and resolved future discrepancies. The goal is not only to obtain the judgment but also to avoid new enforcement actions.

In divorce and custody cases, we draft agreements and parenting plans tailored to families in Cambrils and Tarragona.

Sources: Civil Code of Catalonia, Civil Code and Code of Civil Procedure.

This content is for information purposes only and does not replace legal advice adapted to the specific case.