Overview of Family Law in Spain
Family law in Spain governs personal relationships and legal responsibilities between spouses, children, and relatives. Whether you’re an expat going through a divorce, seeking custody, or navigating inheritance law, it’s crucial to understand your rights under Spanish legislation.
At Borderless Lawyers, we help foreign residents and international families resolve family matters with empathy and legal precision.
💍 Marriage & Civil Partnerships
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Spain recognizes both civil and religious marriages
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Same-sex marriages have been legal since 2005
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Foreigners can marry in Spain if one partner is a resident or national
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Registered civil partnerships (parejas de hecho) offer legal recognition for unmarried couples
📌 Civil partnerships provide some inheritance and custody rights but not full spousal benefits
💔 Divorce & Legal Separation
Spain offers three main routes for ending a marriage:
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Mutual Agreement Divorce (Divorcio de Mutuo Acuerdo)
✅ Fast and cost-effective
✅ No-fault required
✅ Shared custody or agreed alimony terms -
Contentious Divorce (Divorcio Contencioso)
⚠️ Filed when there’s no agreement
⚖️ A judge decides on custody, alimony, and property division -
Separation does not legally dissolve the marriage but ends the shared financial duties
📄 Divorce rulings from most countries can be recognized in Spain through an exequatur process
👶 Child Custody and Visitation
Spanish courts prioritize the best interest of the child and often promote joint custody (custodia compartida) unless circumstances suggest otherwise.
Key elements:
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🏠 Custody: sole or joint
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💬 Visitation rights for non-custodial parent
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💶 Child support (pensión alimenticia) is mandatory
📌 Non-Spanish parents may need international family law guidance if children are born abroad or custody involves relocation
💶 Alimony (Spousal Maintenance)
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Not automatic — granted based on economic imbalance post-divorce
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Factors: duration of marriage, earning capacity, age, health
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Payments can be temporary or permanent, depending on the ruling
⚖️ Alimony is distinct from child support and can be reviewed over time
🏘️ Division of Marital Property
Spain uses two primary marital regimes:
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Community Property (Gananciales) – Shared ownership of income and assets acquired during marriage
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Separate Property (Separación de Bienes) – Each spouse keeps individual ownership unless agreed otherwise
Foreign couples should clearly state their regime in a prenup (capitulaciones matrimoniales)
🧾 Inheritance and Succession Law
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Spanish law reserves a forced share (legítima) for children and spouses
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You may use your home country’s law for inheritance if you’re a non-resident, under EU Regulation 650/2012
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Expats with assets in Spain (e.g. property) should draft a Spanish will to avoid complications
📑 We offer will drafting and estate planning services in both English and Spanish
🌐 International Family Law for Expats
We advise on cross-border family issues such as:
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🛂 Custody and divorce between parents of different nationalities
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✈️ International relocation with children
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🏦 Division of overseas marital assets
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💼 Recognition of foreign marriage or divorce in Spain
💬 Case Example
Case: A British-French couple living in Barcelona filed for divorce. We helped finalize a mutual agreement divorce, secured joint custody for their children, and protected the wife’s business assets under a separate property regime.
👩⚖️ Get Family Law Support from English-Speaking Lawyers
From custody arrangements to cross-border divorces and wills, Borderless Lawyers ensures you receive trusted, practical legal help.