Complete Guide to Spanish Divorce Process 2025
Everything you need to know about divorcing in Spain: mutual vs contested divorce, residency requirements, asset division, child custody, costs, timeline, and finding English-speaking divorce lawyers.
Spain has no-fault divorce - you don't need to prove wrongdoing, just that the marriage has irretrievably broken down. You can file for divorce immediately (no separation period required since 2005 law change).
No Waiting Period
Can file immediately after marriage (was 3 months until 2021)
No-Fault System
Don't need to prove adultery, abuse, or fault
Lawyer Mandatory
Legal representation required (except notarial divorce)
Equal Asset Division
Marital assets split 50/50 unless prenup exists
Divorcio de Mutuo Acuerdo
When to Use
Both spouses agree on all terms: asset division, custody, alimony, child support. Most common and recommended option.
Process
Timeline
2-4 months
Cost
€800-€2,000
Divorcio Contencioso
When to Use
Spouses disagree on major issues: asset split, child custody, alimony amount. Requires court trial and judge's decision.
Process
Timeline
12-24 months
Cost
€3,000-€10,000+
Legal representation is mandatory in Spain (except notarial divorce). Find an English-speaking divorce lawyer who specializes in family law and international cases.
Mutual: Draft convenio regulador (settlement agreement) covering all terms.Contested: File petition outlining what you want.
Submit petition to local Juzgado de Familia (Family Court) with required documents.
Foreign documents must be apostilled and officially translated to Spanish by a sworn translator.
Single hearing (vista) where judge reviews agreement, asks questions, and approves it. Decree issued within 2-4 weeks after hearing. Total: 2-4 months.
Multiple stages: preliminary hearing, evidence submission, trial. Judge issues ruling after trial. Can take 12-24 months depending on court backlog and complexity.
Once decree is issued, register it with the Civil Registry (Registro Civil) to make it official. Update your residency card, passport, bank accounts, and other documents.
Default: 50/50 Split
Spain's default marital regime is gananciales (community property). All assets acquired during marriage are split 50/50.
Marital Assets (Split 50/50)
Property, cars, savings, pensions earned during marriage
Separate Property (Kept by Owner)
Assets owned before marriage, inheritances, gifts
Prenuptial Agreements
If you signed capitulaciones matrimoniales (prenup) choosing separation of property regime, each spouse keeps their own assets.
Compensatory Alimony (Pensión Compensatoria)
Awarded if divorce creates economic imbalance. Factors: income difference, length of marriage, age, employability. Usually temporary (5-10 years), not lifetime.
Child Support (Pensión Alimenticia)
Non-custodial parent pays. Calculated based on: children's needs, both parents' income, custody arrangement. Average: €300-€600/child/month.
Shared Custody: Spain favors shared custody (custodia compartida). Courts often award 50/50 custody unless one parent is unfit. Child support may be reduced or eliminated with equal custody.
€800-€2,000
€3,000-€6,000
€8,000-€15,000+
If you're an expat or in a binational marriage, determining which country's courts have jurisdiction is crucial.
Even if Spanish courts handle the divorce, the law applied depends on:
Yes, as long as Spanish courts have jurisdiction (see requirements above). Your spouse doesn't need to be in Spain. They can be represented by a Spanish lawyer and participate remotely. Service of process can be done internationally via Hague Convention.
Yes, foreign divorces are generally recognized if issued by a competent court. To use your foreign divorce decree in Spain (e.g., to remarry), you may need to register it with the Spanish Civil Registry. Bring apostilled decree and sworn translation.
Courts usually award use of the family home to the parent with primary custody of minor children, regardless of ownership. The other spouse may have to leave even if they own the property. The home itself is divided 50/50 as an asset (unless separate property), but physical use goes to custodial parent until children are adults.
Yes. You can petition the court for modification (modificación de medidas) if circumstances change significantly (job loss, relocation, child's needs). Common modifications: increase/decrease child support, change custody arrangement, terminate alimony. Requires filing a new court petition.