Quick Overview
To get divorced in Spain, you must wait at least 3 months after marriage and hire a lawyer (abogado) and court representative (procurador), both mandatory. A mutual consent divorce (divorcio de mutuo acuerdo) costs €1,000-3,500 total and takes 2-4 months, requiring both spouses to sign a regulatory agreement (convenio regulador) covering assets, children, and support. Contested divorces cost €3,000-15,000 and take 6-24 months with court proceedings. Spain eliminated court filing fees in 2012, making divorce more affordable, but professional representation remains legally required unlike in some EU countries.
Key Facts
Timeline
2-4 months (mutual consent) / 6-24 months (contested)
Cost range
€1,000-3,500 (mutual) / €3,000-15,000+ (contested)
Required professionals
Lawyer (mandatory) + Procurador (court rep, mandatory)
Minimum waiting period
3 months from marriage date (no separation required)
Court fees
€0 - Spain eliminated court filing fees in 2012
Custody default
Shared custody (custodia compartida) is standard since 2013
How It Works
Divorce for Foreigners in Spain
Spain requires mandatory legal representation for all divorces - both parties must have a lawyer (abogado de familia) and procurador (court representative). For mutual consent divorce (divorcio de mutuo acuerdo), couples draft a regulatory agreement (convenio regulador) addressing child custody, spousal support (pensión compensatoria), asset division, and use of the family home. Both spouses and lawyers sign this agreement, then attend a brief ratification hearing (vista de ratificación) before a Family Court judge who confirms both agree voluntarily. The entire process takes 2-4 months from filing to final decree. Contested divorces (divorcio contencioso) require full court proceedings with multiple hearings, evidence presentation, and judicial decisions on all disputed matters, extending the timeline to 6-24 months and significantly increasing costs. Spain's unique features include zero court filing fees (eliminated in 2012 to improve access), the mandatory 3-month waiting period from marriage (but no separation requirement), and a strong preference for shared custody established by law in 2013. Property division follows your matrimonial property regime - most Spanish marriages operate under gananciales (community property) where all assets acquired during marriage split 50/50.
Steps before initiating divorce proceedings
Confirm eligibility requirements
You must have been married for at least 3 months to file for divorce in Spain.
Gather essential documents
Collect all necessary documentation for the divorce process.
Consult with a family lawyer
Get legal advice on your specific situation and options.
Prepare financially
Set up separate bank account and understand your financial situation.
Initiating the divorce proceedings
Hire a lawyer (mandatory)
Both parties need a lawyer. In mutual agreement, you can share one.
Hire a procurador (court representative)
A procurador represents you technically in court proceedings.
Draft regulatory agreement (if mutual)
Document covering children, assets, pensions, and spousal support.
File divorce petition at court
Submit the divorce application to the Family Court.
Steps during the divorce process
Attend ratification hearing (mutual)
Both parties confirm the agreement before a judge.
Consider mediation (if contested)
A neutral mediator can help resolve disputes.
Request provisional measures if needed
Temporary arrangements for children, housing, and finances during process.
Steps once divorce is finalized
Register divorce in Civil Registry
Record the divorce in your marriage record.
Update ID documents if name changed
If reverting to maiden name, update DNI and passport.
Complete property transfers
Transfer property ownership as per divorce agreement.
Update wills and beneficiaries
Review and update estate planning documents.
Update tax status
Notify Hacienda of change in civil status.
Divorce for Foreigners Costs in Spain (2025)
Per consultation, get 2-3 quotes
Can share one lawyer if both agree
Each party needs separate lawyer
Court representative, mandatory for both parties
Eliminated in Spain in 2012
If dividing real estate
Per property being transferred
Can reduce overall costs if successful
For complex asset division
If contested custody
| Service | Cost | Notes |
|---|---|---|
| Initial lawyer consultation | €50-150 | Per consultation, get 2-3 quotes |
| Lawyer fees (mutual consent) | €800-2,000 | Can share one lawyer if both agree |
| Lawyer fees (contested) | €2,000-10,000+ | Each party needs separate lawyer |
| Procurador fees | €200-500 | Court representative, mandatory for both parties |
| Court filing fees | €0 | Eliminated in Spain in 2012 |
| Notary for property transfer | €300-800 | If dividing real estate |
| Property Registry fees | €200-1,200 | Per property being transferred |
| Mediation services (optional) | €100-200 per session | Can reduce overall costs if successful |
| Financial advisor (optional) | €500-2,000 | For complex asset division |
| Child custody evaluation | €500-1,500 | If contested custody |
| Total estimate | €1,000-3,500 for mutual consent divorce / €3,000-15,000+ for contested divorce | |
*Costs vary significantly by complexity and region. Madrid and Barcelona lawyers typically charge 20-30% more. Legal aid (justicia gratuita) available for low-income individuals. Prices current as of January 2025.
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