There are many reasons people decide to divorce, be it infidelity, irreconcilable differences, or even boredom. Whatever the cause is, it can bring about a challenging time for those affected by the breakdown of their marriage. Spain recorded 80,785 divorces in 2025, about 220 a day and 2.7% fewer than the year before (Source: INE, July 2026). Divorce has become so common that it may even be considered another part of modern life. Unfortunately, there are still considerable difficulties surrounding the process, particularly for foreigners living here who don’t speak fluent Spanish.
Let’s take a closer look at how our law firm might help you when going through a divorce. Does this piece also answer your question about What are the 2 types of divorce in Spain? This piece contains everything you need to know about divorce in Spain and how you can benefit from our existence.
What Is Divorce in Spain?
Divorce in Spain is governed by articles 85 to 89 of the Spanish Civil Code. Divorce is defined as ‘the dissolution of the matrimonial union.’
People can get divorced for many reasons, but there are only two routes. A divorce by mutual agreement is filed by both spouses, or by one with the other’s consent, together with a signed settlement (convenio regulador). A contested divorce is filed by one spouse alone. Either way, the only time requirement is that three months have passed since the wedding (articles 81 and 86 of the Civil Code, as reformed by Law 15/2005).
Divorce in Spain is no-fault. Neither spouse has to prove adultery, abuse or any other wrongdoing, and the court does not ask why the marriage ended.
You do not need to separate first. You can file for divorce directly.
If you are planning on filing for divorce in Spain, you must know your rights and options and the steps involved before deciding. Is this what you would like to do? If so, read on.
Who Can Ask for a Divorce?
Either spouse can ask for a divorce, alone or together, once three months have passed since the wedding (article 86 of the Civil Code).
Spanish divorce law has no ‘injured party’. It does not matter which of you wants to end the marriage, or why.
If your spouse wants the divorce and you do not, you cannot block it. If you want it and your spouse does not, you can file alone.
What Are the Requirements to File for Divorce in Spain?
Spanish courts can hear your divorce if, for example, you both live in Spain, the respondent lives in Spain, you have lived in Spain for at least a year before filing (six months if you are Spanish), or you are both Spanish (article 3 of EU Regulation 2019/1111). Where you married does not matter.
If your spouse lives outside Spain, the court serves the divorce papers abroad through the official channels between countries, such as the EU rules on service of documents or the Hague Service Convention. This usually adds time to the case.
When filing, you normally need a recent full marriage certificate (certificado literal de matrimonio) from the Civil Registry, the birth certificates of any children, proof of where you live and, in a mutual-agreement divorce, the signed settlement (convenio regulador). Foreign documents need a sworn translation and, where required, an apostille.
Our lawyers will tell you exactly which documents your case needs.
How much does a divorce cost in Spain?
Individuals do not pay a court fee in Spain, so filing the petition itself costs nothing at the court. What you pay for is the lawyer, the court representative (procurador) and, for a notarial divorce, the notary. A mutual-agreement divorce costs much less than a contested one.
There is no court fee for individuals, whatever their nationality. You do need a lawyer, and in court also a procurador. Their fees depend on how complex the case is and on whether your spouse agrees.
Do I Have to Divorce My Ex If We Live in Different Countries?
If you and your spouse live in different countries, you can still go ahead with filing for divorce in Spain if at least one of you meets the requirements mentioned above. If neither of you meets any of these connections to Spain, a Spanish court cannot hear the divorce.
Can I stay in Spain after Divorce?
Often yes, but it depends on your permit. If your card came through your marriage, to a Spanish or EU citizen or through family reunification, you can keep your own right to live here if the marriage lasted at least three years with one of them in Spain, if you get custody of your children, or in cases of domestic violence. For a Spanish spouse or family reunification you have six months to apply, counted from when the court admits the divorce claim. Otherwise you need to switch to another permit, and our team can check which one fits your case.
What is express divorce Spain?
It is the informal name for a divorce by mutual agreement. With no minor or dependent children it can be signed before a notary; otherwise the court approves the agreed settlement. It is quicker and cheaper than a contested divorce.
How Long Does Divorce Take in Spain?
The length of time it takes to get a divorce will depend on whether you’re filing for divorce with or without mutual agreement and the judge’s decision when considering the evidence presented by both parties. A notarial or mutual-agreement divorce usually takes a few months. A contested divorce can take a year or more, depending on the court.
A divorce granted in another EU country is recognised in Spain automatically. A divorce from outside the EU has to be recognised through a court exequatur or, in some cases, by the Civil Registry before it takes effect in Spain.
Background and Divorce Law Changes in Spain
Spain made divorce no-fault in 2005 (Law 15/2005). Since then either spouse can ask for a divorce three months after the wedding, without giving a reason or separating first. The same year, Law 13/2005 opened marriage to same-sex couples, and they divorce under exactly the same rules.
In July 2015, Law 15/2015 added a faster route: spouses with no minor or dependent children can sign a mutual-agreement divorce before a notary. No counselling is required at any stage. These rules apply to every divorce filed today, whenever the couple married.
Why Do People Get Divorced in Spain?
Spanish courts do not ask why a marriage ended. Unlike the fault grounds that still exist in some other countries, a Spanish divorce needs no proof of adultery, abandonment or any other wrongdoing.
What Do I Need For My Divorce in Spain?
You need a full marriage certificate, your children’s birth certificates if you have any, and proof that a Spanish court can hear the case. If you both agree, you add the signed settlement (convenio regulador). If you do not, your lawyer files a petition setting out the measures you ask for.
You do not have to prove anything about reconciliation, and asking for a divorce does not mean giving up compensation. No counselling is required.
If your spouse does not agree, you can still file alone, after the attempt to settle. You do not have to prove fault.
What about Alimony?
A spouse whose financial position gets worse because of the divorce, compared with how they lived during the marriage, can ask for a compensatory payment (pensión compensatoria). It can be temporary, indefinite or a single lump sum. The judge looks at things like age, health, job prospects, the length of the marriage and time spent caring for the family (article 97 of the Civil Code).
What If My Spouse Refuses To Divorce Me?
Your spouse cannot stop the divorce. Either spouse can file alone, whether the marriage was civil or religious, once three months have passed since the wedding (article 86 of the Civil Code).
If you prefer a legal separation, the same timing applies: it can be requested three months after the wedding, or straight away where there is a risk to you or the children (article 81).
How Soon Can I Get My Divorce in Spain?
There is no fixed legal deadline. A notarial divorce is usually the quickest route, a mutual-agreement divorce in court usually takes a few months, and a contested one takes longer, depending on the court.
How to Find Divorce Attorney in Spain?
You cannot represent yourself in a Spanish divorce. You need a lawyer, and in court also a procurador, although in a mutual-agreement divorce both spouses can share them. Even a notarial divorce requires a lawyer.
If you wish to find a divorce attorney in Spain, we recommend you follow these steps:
- Work out whether your divorce will be by mutual agreement or contested, and whether a notary is an option for you. You can consult our article on this topic here: Spanish divorce requirements
- Check that the lawyer handles family cases with an international side, such as property or pensions in another country.
- Tell our team about your case: our lawyers work with English-speaking clients across Spain.
While there are no special requirements when choosing a lawyer, we recommend you always work with an experienced lawyer in your area of interest to avoid any future misunderstandings.
What about Children during the Divorce Proceedings?
The children’s best interests are always at the center of proceedings. If you agree, custody, visits, child support and the use of the family home go into the settlement, which the judge checks and approves (articles 90 and 92 of the Civil Code). No counselling is required. Since April 2025, though, a contested divorce can only be filed after a documented attempt to settle out of court, through mediation, a binding offer or negotiation between the lawyers (Ley Orgánica 1/2025). Our lawyers handle that step for you.
If there is no agreement on custody and visits, the court will make a ruling based on the child’s best interest.
What Are The Steps To Divorce In Spain?
- Deciding between divorce and legal separation, and between a mutual-agreement and a contested case
- Trying to settle first. In a contested case the law requires a documented attempt to reach an agreement before filing (Ley Orgánica 1/2025): mediation, a binding offer or negotiation between the lawyers. A mutual-agreement divorce already meets this requirement
- Filing the petition through your lawyer and procurador, with the signed settlement if you agree, or with proof of the attempt to settle if you do not. For a notarial divorce, you sign a deed before a notary instead
- In a contested case, your spouse is served with the petition and has 20 working days to respond
- Mediation can also take place during the case if you both ask for it: the court pauses the case so you can try to reach an agreement before the judge rules
- In a mutual-agreement case, both spouses confirm the settlement at court. In a contested case, there is a hearing
- The judge issues the ruling. With no minor children and a mutual agreement, the court clerk can grant it by decree instead
- Registering the ruling or deed with the Civil Registry where your marriage is recorded
- Complying with the measures in the ruling, such as child support and the use of the family home
- Dividing any shared property, in the settlement or in a separate procedure
- If your marriage was registered abroad, the divorce also has to be noted in that country’s register, which your lawyer can arrange.
Spain Marriage Laws
A civil wedding in Spain needs a prior file (expediente matrimonial) at the Civil Registry or before a notary, where you show you are free to marry. You can find more information on this topic here: Spain’s marriage requirements.
A religious wedding in the Catholic Church or another recognised faith also has civil effect, but it still has to be registered with the Civil Registry to have full civil effect (articles 61 and 63 of the Civil Code).
Neither of you can already be married. A previous marriage must end first, by divorce, annulment or death.
Spain Adoption Laws
Adoption in Spain is granted by a judge. The adopter must be over 25 and between 16 and 45 years older than the child (article 175 of the Civil Code). You can find out here: Spanish adoption requirements.
The child’s parents have to consent unless they have lost parental authority, and the court also hears the child. You can adopt your spouse’s or partner’s child, which is a common way to make a stepparent a legal parent.
Spain Estate Laws
Which inheritance law applies is set by the EU Succession Regulation (650/2012): by default, the law of the country where the deceased was habitually resident at death, for EU and non-EU citizens alike. A foreigner can choose the law of their nationality in their will instead. When Spanish law applies and there is no will, the Civil Code sets the order: children and other descendants first, then parents and grandparents, then the spouse, then brothers, sisters, nephews, nieces and other relatives up to the fourth degree, and finally the State. Catalonia, Aragon, Navarre, the Basque Country, Galicia and the Balearic Islands have their own rules.
Spain Sex Change Laws
Since 2023, Spanish nationals aged 16 or over can change their registered sex and name by declaration at the Civil Registry, without surgery or medical reports (Law 4/2023). Your rights are protected under the Spanish constitution, which prohibits discrimination based on sex or any other personal circumstance.
Spain Surrogacy Laws
Surrogacy contracts are void under Spanish law (article 10 of Law 14/2006), and the woman who gives birth is the legal mother. Registering in Spain a child born through surrogacy abroad is difficult and needs legal advice first.
Spain Alimony Laws
If you were separated or divorced in Spain, your former spouse might have to provide financial support for a certain period. This is decided on an individual basis depending on your ex-spouse’s income, economic situation, and whether or not there are children involved. Compensation is set by the judge and can be temporary, indefinite or a single payment.
Spain Child Support Laws
Child support is set by the judge, or agreed by the parents in the settlement, based on the children’s needs and each parent’s means (articles 93 and 146 of the Civil Code). It does not stop automatically at 18. It can continue while an adult child lives at home without income of their own.
Spain Maintenance Laws
The compensatory payment can also be awarded after a legal separation, not only after a divorce, to the spouse whose financial position gets worse. It ends when the reasons for it disappear, or when the person receiving it remarries or lives with a new partner as a couple. The death of the person paying does not end it automatically (articles 97, 100 and 101 of the Civil Code).
Spain Child Custody Laws
Custody and parental authority are different things. Custody decides who the children live with, and it can be joint or given to one parent. Parental authority (patria potestad) normally stays with both parents, so important decisions about the children are still taken together (articles 92 and 156 of the Civil Code). Custody arrangements last while the child is a minor.
Spain Marriage Age Laws
You must be 18 to marry in Spain. Under 18, only emancipated minors (16 or over) can marry. Parents can no longer simply consent to the wedding: the minor has to be emancipated first, by the parents or by a judge (articles 46 and 239 of the Civil Code).
Spain Gay Marriage Laws
Since 2005, same-sex marriages have been legally recognized in Spain. In 2012 the Constitutional Court upheld the 2005 same-sex marriage law. A same-sex marriage validly celebrated abroad is also recognised in Spain.
Spain Citizenship by Marriage Laws
If you are a foreign national married to a Spanish citizen, you may be able to gain Spanish citizenship. You need one year of legal residence in Spain and one year of marriage, without being separated (article 22 of the Civil Code). You also need a clean criminal record and, unless you are exempt, the DELE A2 and CCSE exams.
Can My Spouse Force Me To Get Divorced?
Yes. Your spouse can file for divorce without your agreement once three months have passed since the wedding. Nobody has to prove fault. To learn more about Spousal Support in Spain, please visit spousal support in Spain.
I’m Still Married, But Living Apart – Am I Still Legally Married?
Yes. Until a divorce is granted, you are still married. Living apart does affect some rights, such as inheritance. To find out more about divorce in Spain, please visit divorce in Spain- what you need to know.
How Does Alimony Work in Spain?
The amount of financial support is decided on a case-by-case basis. It takes into account the income level of the spouse paying alimony and their economic situation. If you and your ex-spouse cannot agree on an amount, a judge will set it. To learn more about Spousal Support in Spain, please visit spousal support in Spain.
Can I Lower or End My Alimony Payments if I Lose My Job?
If you pay compensation and lose your job, you can ask the court to lower or end it, because a substantial change in circumstances allows the measures to be changed (article 100 of the Civil Code). Until the court decides, the amount in the ruling still has to be paid.
Will Alimony Payments Stop If I Remarry?
Yes. Compensation ends when the person receiving it remarries or lives with a new partner as a couple (article 101 of the Civil Code).
Will Alimony Payments Stop if I Move In With Someone?
Yes, it can. Living with a new partner as a couple ends the right to compensation (article 101 of the Civil Code).
How Long Must I Pay Alimony?
Until the time limit set in the ruling runs out or a judge ends it. It also ends if the person receiving it remarries or lives with a new partner, or if the reasons for it disappear (articles 100 and 101 of the Civil Code).
Why You Need Divorce Lawyers in Spain
If you plan to divorce your spouse, you must hire a qualified attorney. Without one, there is no way to prove any required information in court, which could negatively impact your case. It’s always best to get legal advice before filing for divorce to avoid these kinds of dilemmas. To learn more about divorce in Spain, please visit divorce in Spain- what you need to know.
Who is responsible for the mortgage and household bills after a divorce?
If you and your spouse both contributed to bills, you can ask the judge to divide the responsibility of those debts between you. Keep in mind that not all of them will be divided equally; some may stay with one spouse, depending on what assets each person has. The bank is not bound by that split: if you both signed the mortgage, it can usually still claim the full amount from either of you until it agrees to change the loan.
If one spouse owns a house after getting divorced, can the other life there?
Sometimes. If there are minor children, the judge usually gives the use of the family home to the children and the parent they live with, whoever owns it. With no children, the spouse who does not own it can be given its use for a limited time if their need is greater (article 96 of the Civil Code).
Is It Hard To Get a Divorce Spain?
The process of getting a divorce in Spain is not complicated. You can divorce at any point after the first three months of marriage.
Will I Lose My Spouse’s Inheritance If We Get Divorced?
Yes, in most cases. Under the Spanish Civil Code a divorced spouse, or one legally or de facto separated, loses the forced-heirship rights of a widow or widower and does not inherit if there is no will. A will made during the marriage that leaves assets to the spouse should be reviewed after the divorce. To learn more about divorce in Spain, please visit divorce in Spain- what you need to know.
How Do You Calculate The Financial Support Payment?
The financial support payment is calculated based on several factors, including household income and expenses during your marriage. If a judge determines that a change in circumstances has occurred, the payment may increase or decrease.
What If My Spouse Does Not Want To Pay Child Support?
If your spouse refuses to pay the child support required by law, you can take them to court and ask a judge for help. You will need to provide evidence of how much they earn and their expenses. Even if they do not work, you can still get child support from them.
Will Child Support Stop If I Remarry?
No. The financial obligation for your children will continue after remarrying, even if you move in with someone else. Once a judge has ordered a parent to pay support, they must continue until a judge re-evaluates the case.
Can I Get custody of children if My Spouse Dies?
If the other parent dies, you keep parental authority over your children automatically (article 156 of the Civil Code). Your children may also be entitled to an orphan’s pension from Social Security.
Do You Get Alimony If You Are Unemployed?
Being unemployed does not rule out compensation. The judge weighs your job prospects when setting it (article 97 of the Civil Code). If you need help finding work after getting divorced, please visit job search Spain.
How Long Does the Process of Getting Divorced Take?
The time frame for getting divorced varies depending on the court. If you are only waiting to be summoned, it could take less than six months. If there needs to be a trial, it may take longer.
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- We Can Help You with Your Divorce in Spain
We are international family lawyers. Thus, if you are thinking about getting a divorce in Spain, look no further. Our law firm offers quick, efficient, and cost-effective services to non-resident individuals requiring help with their divorce.
Our expertise extends to dealing with divorces involving international elements such as the division of assets or overseas pension rights, where English-speaking support can make all the difference.
Our international divorce lawyers services cover the whole of Spain, from Barcelona to San Sebastián and Palma de Mallorca to Alicante. Contact us for more information about our divorce services.
Do you need a divorce lawyer in Spain?
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Do you want to know How long does it take to get a divorce Spain?
We can even help you if you face difficult times as part of the bankruptcy process. Every enquiry is answered personally by our team.
Divorcing your wife is never easy, but it becomes even more difficult when you have to go through the process overseas. Not only do you need to deal with all of the legal implications, but you also have to deal with the emotional consequences.
Our contested divorce lawyers work with clients all over Spain, by video call and in writing, and our team handles the court stage when the case needs it. Our lawyers know exactly what needs to be done to protect your rights during this complicated process.
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Getting a divorce in Spain
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I need help to get a divorce… my husband and i have properties in uk and spain and right now we have the residence in spain…. I want to keep my children who are minors… can you help me? It is urgent!
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