The Notary in Spain

For many people from other countries the role of the Notary in Spain can be a confusing concept. This is because in most other countries, legal matters are generally dealt with by a Lawyer, whereas in Spain Notaries are used.

Notaries are an important regulator who can guarantee that the documentation in Spain is correct and would be considered authentic and proven in court. Any document that needs to be entered in a registry, such as the land registry must be signed in front of the Notary.

The Notary and documents

Documents that can be signed before a Notary include:

• Marital status documents
• Last Wills and testaments
• Marriage settlements
• General contracts and agreements
• Inheritance declarations and requests from heirs
• The foundation, modification and separation of companies and partnerships
• Loans, mortgages other debts
• Acquittals and the discharge of obligations
• Any kind of power of attorney
• Declaration of heirs where there is no will
• Any kind of declaration or statement

The Notary and property sale/purchase

The Spanish notary is an essential and important part of the Spanish property purchase BUT the Notary does not act on behalf of the purchaser; they are not able to offer legal advice to either the buyer or the seller, as legally they must remain neutral.

The Notary and marriage

Notaries now have the same authority to conduct marriages as other authorities in Spain. This speeds up the process significantly, allowing couples to avoid the limited availability of appointments and the administrative backlog that is slowing down government offices.

Before getting married in Spain, you must obtain a Certificate of Civil Status granting permission to marry. Notaries can now receive the appropriate documents and submit them to the Civil Register. Once permission is granted, the same or another notary may conduct or “celebrate” the marriage.

The Notary and divorce

At the other end of the spectrum, you can also obtain a divorce through a Notary.  Notary divorce in Spain is only possible though in certain circumstances which are as follows:

• It must be amicable not an acrimonious divorce.
• There cannot be children under 18 years old belonging to the couple jointly.
• Both parties must live in Spain.
• All that is required is the marriage certificate (with a Hague Apostille if not Spanish) and padron for both.

For a Notary to be able to rule on a divorce there must be complete agreement between the two parties, contained in a Deed prepared by a Lawyer in accordance with the requirements of the Civil Code. After that the Notary divorce is an inexpensive and quick process.

The Notary and moving to Spain