Need a notary?
Need a notary?
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Asesoramiento y documentación pública para las principales decisiones personales y patrimoniales.
This covers the entire legal process required for a wedding before a notary, including a review of both spouses’ personal details. The notary will also prepare the paperwork that must be submitted to the relevant authorities.
Anyone has the right to choose who they would like to act as their legal guardian should they lose their mental capacity. This is done by making a will or a legal document before a notary while they still have full capacity. The same document can also specify who they do not want to be appointed as guardian.
Likewise, parents or legal guardians of unemancipated minors or of adults lacking legal capacity can also designate a legal guardian for their children through a will or a legal document executed before a notary.
Just as a marriage can be performed before a notary, it can also be dissolved before one, provided certain requirements are met. Both spouses must reach a mutual agreement and must have been married for at least three months. In addition, they must not have minor children or children lacking legal capacity. If they do have children, they must set out the measures that will be taken to ensure the children are not affected by the financial outcome of the divorce.
There are other family law services that can also be handled at a notary’s office. These include the emancipation of a minor and the formalisation of a civil partnership (pareja de hecho).
A person’s death has consequences for the estate they leave behind. There is a specific body of law that governs how the transfer and distribution of their assets must be carried out.
The open will executed before a notary is considered the most popular option due to its clear advantages over alternatives such as the handwritten (holographic) will or the sealed notarial will. This type of will is made in the presence of the notary, who informs and advises the testator on how to distribute their assets among their heirs and drafts its content in accordance with current legislation. The notary also keeps the will in safe custody and records it in the General Register of Wills (Registro de Últimas Voluntades).
This is the ideal option for making a will. Services are also available for inheritance deeds, notarial declarations of intestate heirs and other documents of this kind.
There are different types of loans and financial agreements available from banks and private lenders. Repayments are usually made in monthly instalments and may involve arrangement fees, early repayment charges, late payment interest and fees for missed payment notices.
All of this must be properly regulated and set out in a contract. Let’s look at the most common types:
A current account credit facility sets a credit limit that the customer can draw on, paying interest only on the amount actually used. If the customer exceeds the agreed credit limit, the account goes into an unarranged overdraft, and a higher interest rate will apply until the balance is brought back within the limit.
There are also agreements such as finance leasing, where the bank purchases an asset and leases it to the borrower with an option to buy at the end of the contract. Renting (operating leasing) is similar, but does not include a purchase option at the end. Factoring allows businesses to receive early payment on their invoices, while reverse factoring (known in Spain as confirming) allows businesses to pay their suppliers in instalments through a credit line granted by the bank.
The notary is responsible for verifying the identity of both the seller and the buyer, and for requesting a land registry extract from the Property Registry to ensure the property is free of charges and encumbrances. In Barcelona, as in the rest of Spain, the notary must also obtain a certificate confirming that the seller is up to date with all community fees, and verify the property’s cadastral reference number.
To draw up the deed of sale, the notary needs to gather essential information such as the price and method of payment (taking into account property sale prices in the area), the identification numbers of the buyers and sellers, the energy performance certificate, certificates confirming that community fees, water and electricity bills are paid up to date, and the property’s nota simple (land registry extract).
Once all this information is available, the notary will draft the deed of sale and send it to both parties for review. This ensures that all the terms of the transaction are clear and that every legal requirement is met, so the sale can be completed safely and smoothly.
These include wills, powers of attorney, property sales, loans, gifts, inheritances and transactions involving family assets, among others.
No. It depends on the type of transaction, although in many cases a notary’s involvement is either mandatory or advisable to ensure legal certainty.
It varies depending on the procedure, but you will usually need a valid form of ID and any documents related to the transaction being formalised.
Yes. The notary provides impartial advice, explains the content and legal implications of the document, and answers any questions before signing.
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