If you’re living in Spain and your marriage is coming to an end, understanding the divorce process is essential — especially if you’re a foreigner. Spanish divorce law is clear, but navigating the system can be complex if you’re unfamiliar with local procedures or dealing with an international marriage.
This article breaks down the types of divorce in Spain, the legal process, and what expats and foreign residents need to know.
🇪🇸 Who Can Get Divorced in Spain?
You can file for divorce in Spain if:
-
You or your spouse live in Spain, or
-
You are both foreign nationals living in Spain, or
-
You are Spanish nationals living abroad under certain circumstances
Spain has no-fault divorce — meaning you don’t need to prove wrongdoing. You simply must show that:
-
The marriage has irretrievably broken down, and
-
At least 3 months have passed since the wedding
🔍 Types of Divorce in Spain
There are two main types:
1. 🟢 Mutual Agreement Divorce (Divorcio de Mutuo Acuerdo)
-
Fastest and most affordable
-
Both spouses agree on all terms: custody, assets, spousal support, etc.
-
Typically finalized within 1–3 months
2. 🔴 Contentious Divorce (Divorcio Contencioso)
-
Used when there is no agreement
-
Involves court proceedings and legal arguments
-
Takes longer (6 months or more) and is more expensive
🧾 Main Requirements
-
Marriage certificate (translated if not in Spanish)
-
Empadronamiento (residency registration in Spain)
-
Family book (Libro de Familia) if you have children
-
Proposed agreement on custody, visitation, and financial issues (for mutual divorces)
⚙️ Divorce Process in Spain
A. Mutual Agreement Divorce
-
Draft Agreement: Lawyer prepares a convenio regulador (regulatory agreement)
-
Court or Notary:
-
If no children, the divorce can be finalized by notary
-
If minor children are involved, the case must go to family court
-
-
Judge Reviews Terms (if in court)
-
Final Ruling or Notarial Act issued
✅ Ideal for couples who want a quick and amicable solution.
B. Contentious Divorce
-
One spouse files a petition through a lawyer
-
The other spouse receives formal notification
-
Both parties submit evidence and legal arguments
-
The court decides on custody, support, and division of property
⚖️ Each side needs their own lawyer and procurador (court representative).
🧒 What About Child Custody?
In cases with children, Spanish courts prioritize the best interest of the child, and joint custody is increasingly common.
Learn more: 👉 Child Custody & Visitation Rights in Spain
💰 Spousal Support & Asset Division
Spain applies the economic regime agreed to at the time of marriage:
-
Community property is common unless another regime was chosen
-
Spousal support (pensión compensatoria) may apply if one spouse is economically disadvantaged
Related: 👉 Alimony & Spousal Support in Spanish Law
🛂 What Foreigners Should Know
-
Spain allows international couples to divorce under Spanish law if jurisdiction applies
-
Foreign marriages are recognized
-
You may need to legalize foreign documents (apostille and translation)
-
Spain can apply foreign marital law in some cases if explicitly agreed upon in your marriage contract
🌍 Cross-Border Divorce Tips
-
Divorce judgments from Spain are recognized in all EU countries
-
If children or assets are located in multiple countries, seek specialized legal advice
-
You may need to register your divorce abroad, depending on your home country
👩⚖️ How Borderless Lawyers Can Help
At Borderless Lawyers, we assist foreign residents with:
-
Drafting mutual divorce agreements
-
Representing clients in contentious divorce proceedings
-
Handling international and cross-border divorce issues
-
Resolving custody, spousal support, and property division