Notaries could perform marriages and resolve divorces under proposed new law

The Council of Ministers has approved the draft Voluntary Jurisdiction Act which will allow notaries and commercial civil registrars to perform marriages and resolve divorces, provided there are no children involved, for a fee of 95 euros.

The Act maintains the possibility of marriages in the Civil Registry, which are free, or conducted by a Councillor or Mayor, which can be free or not, it is up to the municipality to decide. So more than likely not free than.

The Minister of Justice, Alberto Ruiz Gallardón, was quick to point out that setting a fee of €95 was backdoor privatisation of the process, saying that it remains a public service and that many municipalities already charge higher fees

The act also raises the marriage age from 14 years to 16 years.

The original draft from February 2012 included the provision that divorces could be settled in this manner even if there were minors involved, but this was finally rejected because it is the public prosecutor is responsible for deciding what is in the best interests of the children and this is done through the courts.

The new law is aimed at decongesting the court system, according to the Government.

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