Power of Attorney for Divorce (Power to Attorney)

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It is a legal document through which you authorise a lawyer or legal representative to act on your behalf during the divorce process. This power allows them to file the petition, sign the regulatory agreement, appear before the court, and carry out all necessary procedures, especially useful when you cannot be personally present.

It is mainly needed in these cases:

• When you reside abroad and cannot travel to Spain
• If you have difficulty attending the court or notary in person
• In mutual consent divorces where you want your lawyer to sign the agreement
• In contested divorces where you need full legal representation
• When you have mobility or schedule limitations that prevent your physical presence

The power of attorney must mandatorily include:

• Complete identification of the grantor (person giving the power) and the attorney-in-fact (lawyer)
• Express power to file a divorce petition
• Authorisation to sign regulatory agreements
• Power to appear before courts and notaries
• Power to accept court rulings
• Ability to handle matters related to custody, maintenance payments, and division of assets

Yes, you can currently complete the power of attorney 100% online via video conference with an authorised Spanish notary. You only need:

• Stable internet connection
• Working camera and microphone
• Valid identity document (ID, NIE, or passport)
• Digital certificate or video conference identification

The process has the same legal validity as an in-person granting at the notary office.

Yes, a correctly granted power of attorney is valid throughout the national territory. It can be used before any family court, notary, or civil registry in Spain. If granted outside Spain, it must be properly legalised through The Hague Apostille or consular legalisation to be valid.

The complete process is usually completed in 24-48 hours:

• Sending documentation: 5-10 minutes
• Power of attorney drafting by notary: 24 hours
• Video conference and digital signature: 15-20 minutes
• Signed document delivery: immediate after signature

We offer express service for urgent cases where the power of attorney can be available the same day.

The main difference is in the powers granted:

Mutual consent divorce: The power mainly authorises signing the previously agreed regulatory agreement and submitting the joint application. It is more limited because consensus already exists.

Contested divorce: The power must be broader, including powers to file a petition, appear at hearings, propose evidence, appeal rulings, and defend your interests against potential disagreements.

Yes, even in mutual consent divorces you need a power of attorney if you cannot personally attend to sign the regulatory agreement before the notary or to submit the joint petition. The power allows your lawyer to sign on your behalf all agreed documents and complete the procedures without your physical presence.

Yes, you have two options:

• Video conference with Spanish notary: You complete the entire process online with immediate validity in Spain
• Consulate or foreign notary: You grant the power in your country of residence and then legalise it through The Hague Apostille for use in Spain

The online option is faster and more economical in most cases.

The cost varies according to several factors:

• Complexity of the power (mutual consent vs contested)
• Urgency of the procedure (standard vs express service)
• Format (online vs in-person)
• Need for international legalisation

Contact us to receive a personalised no-obligation quote. Generally, online service is more economical than traditional in-person procedures.

No, a power of attorney for divorce does not have an automatic expiry date. It remains valid until the divorce process is completed or until you decide to revoke it. However, it is advisable to include a clause limiting its use exclusively to the specific divorce proceeding.

Yes, you can revoke the power of attorney at any time through a public deed of revocation before a notary. The revocation must be notified to the attorney-in-fact and, if court proceedings are already underway, it must also be communicated to the corresponding court. We can also manage the revocation online.