Family Law updates in Spain

Divorce Law in Spain

If you are married to a Spanish person or, if neither spouse is Spanish, but you have been resident in Spain for years, you can get divorced in Spain even if your spouse has now left the country. The Spanish divorce law requires no attribution of fault, which means that someone can be divorced without the need to provide any ... Read More

Expat Divorce in Spain

As an expat living in Spain you are typically entitled to choose to get divorced under either the law of your country of origin or Spanish law, it is fair to say that using the Spanish legal system can be much quicker, cheaper and more effective than choosing your own country’s jurisdiction. The law in Spain regarding divor... Read More

New EU Divorce Procedure

Due to the trend of globalisation, many people move to different countries to study, work or just for experiencing some years living abroad. Such is the case with young UK families who decide to move to Ibiza for few years while their kids are young so that they can grow up in a small city surrounded by the nature, learn a di... Read More

Child Custody in Spain - in the age of Coronavirus

The current coronavirus pandemic is not only creating a medical and economic crisis but is also having a severe impact in everyday issues that are governed by law.  One example is in relation to parental visitation rights impacting on the parent that is not entitled to custody of the children. Specifically, the Real Decreto 46... Read More

Express Divorce FAQ

Are you seeking a divorce in Spain? There are many fronts to keep in mind when going through the process of divorce in Spain: this article discusses the main benefits of express divorce in Spain. Keep reading and you may find a quick solution for a clean end of marriage. Starting at €500 + IVA our service saves you as... Read More

Alimony Spain - Relevant points and objective

Relevant Factors Alimony in Spain is a financial payment made by one of the spouses to the other following divorce. Alimony payments to ex-spouses are far less likely to be awarded than awards in favour of children. The basic rule is that alimony should only be awarded where one of the spouses is clearly disadvantaged econom... Read More

Child Support In Spain

In Spain, a divorce does not in any way reduce the responsibilities - financial or otherwise - that a parent has towards their child. In fact, child support in Spain has been growing important in Family Law: worth being aware. When dealing with the topic of child support and parental responsibility the concept of child mainte... Read More

Shared Custody in Spain

While technically only considered a possibility under the Law of Divorce of 2005, shared custody  has been considered an exception and traditionally awarded in a minority of cases, only occurring in 9.7% of all custody awards made in 2008, for example. This is changing however, and there is an increasing tendency by the Autono... Read More

Cost of Divorce in Spain

A common question we receive relates to the cost of divorce in Spain. Well, this very much depends on whether the divorce proceedings are amicable or not. If so, then you can avail of a procedure known colloquially as 'Express Divorce' that the Spanish government introduced in 2005. In this scenario, only one lawyer and procu... Read More

Is it necessary for a spouse to give reasons for divorce in Spain?

Until 2005, the laws in Spain - just like the laws currently in the UK - made it necessary for a petitioning spouse to give appropriate reasons for a divorce. in 2005 new legislation (Ley 15/2005) was enacted which completely overhauled the entire area of family law and in the process did away with many of the old requirements. ... Read More

Having more kids not a reason to reduce existing child maintenance obligations in Spain

The Spanish Supreme court has clarified the law concerning a parent's financial responsibilities if they go on to have more children with a different partner. The issue has previously been discussed on numerous occasions by the lower courts with some deciding that merely having children in a subsequent relationship, although in... Read More

Spanish Divorce Law

Spanish Divorce Law More and more often the subject of divorce in Spain arises where there are spouses  from different countries. This throws up the possibility of other states' laws becoming relevant to the situation. So while Spanish divorce law is applicable, it does not operate in a vacuum and we must consider the laws of... Read More

Child abduction in Spain by a Parent: Judicial Procedures

By using the term "international abduction of minors", we refer to the unlawful relocation of a child to a country different from the one in which they normally are resident, violating the right of custody attributed to another individual or institution, including those cases where either of the parents moves with the child to a... Read More

Divorce in UK Spanish Property

The title of this post sets a question with difficult answer: how to deal with a Property in Spain while getting divorced in UK. Divorce in UK Spanish Property: when a couple from another EU country with property interests in Spain get divorced in their country of origin, the question arises as to how to register the property... Read More

Which law to apply to divorce in Spain? Foreign Laws to Divorce Proceedings in Spain

A British national was married to a British woman, with the couple having children below the age of majority. They had been living in Fuerteventura for the last 10 years. ------------ The husband wished to initiate judicial divorce proceedings in order to obtain custody of the children and wanted to know which law would ap... Read More

Divorce Agreement Spain: signed by the Spouses but not ratified in Court, still enforceable?

When a couple decide to separate, or indeed to get divorced, via the “mutually agreed” process, an agreement is drawn-up that reflects the (agreed) wishes of the two spouses, and is known as the Convenio Regulador or Divorce Agreement. The agreement can contain details that will govern the economic relationship post-sepa... Read More

Property Tax on Divorce Settlements in Spain

I am a British national living in Spain, in a property jointly owned 50/50 with my spouse, which is valued at 300, 000 €. Our marriage has ended and we have decided to divorce here in Spain. My spouse would like to continue ownership of our property in Spain rather than selling to a third party - how can we manage the transfer... Read More

Reduce Child Support & Alimony Payments in Spain

Conscious of the difficult financial situation in which many people find themselves, judges are nowadays prepared to permit somewhat surprising reductions in child maintenance and alimony provisions, previously agreed by the parents of the child or awarded by the court following divorce in Spain. A reduction may be achieved by... Read More

Dealing with a Leased Property when Separating from Partner

Question I am splitting-up with my partner and I am wondering about the lease on our apartment. The lease is currently in my name. Who has rights to the apartment? If there is a child involved am I responsible for continuing to pay the lease? Answer The lease states that it will last for 1 year but as a tenant... Read More

Dealing with a leased property when separating from partner

Q. I am splitting-up with my partner and I am wondering about the lease on our apartment. The lease is currently in my name. Who has rights to the apartment? If there is a child involved am I responsible for continuing to pay the lease? A. The lease states that it will last for 1 year but as a tenant, and according to the law, ... Read More

Reduction of Child Support & Alimony Agreements in Spain

Conscious of the difficult financial situation in which many people find themselves, judges are nowadays prepared to permit somewhat surprising reductions in child maintenance and alimony provisions, previously agreed by the parents of the child or awarded by the court. A reduction may be achieved by bringing a claim for “m... Read More

Child Custody & Visitation Rights in Spain

When a divorce decree is issued by the Spanish Courts, wherever minor children are involved, it is always necessary for the following components to be included: Attribution of custody of the children Visitation schedule for non-custodial parent Child Maintenance Payments to be made by the non-custodial parent Nor... Read More

Property Tax Implications in Spain following Divorce

I am a British national living in Spain, in a property jointly owned 50/50 with my spouse, which is valued at 300, 000 €. Our marriage has ended and we have decided to divorce in Spain. My spouse would like to continue ownership of our property in Spain rather than selling to a third party - how can we manage the transfer of m... Read More

Courts Will Accept Dación en Pago With Agreement of Only One Spouse

What is Dación en Pago? The legal process in Spain known as dación en pago has earned something of a reputation among those home owners in Spain that have suffered economic difficulties over the last few years, and have been unable to continue to meet repayments on a Spanish mortgage. Adding up "Dacion en pago divorce" confor... Read More

Costs of Divorce & Property Settlements in Spain, how to Minimise expenses

When a couple from another EU country with property interests in Spain get divorced in their country of origin, the question arises as to how to register the property in Spain on behalf of the spouse who has been awarded the property. Additionally there are important tax implications that need to be considered. Best Practice T... Read More

Spanish Divorce Law: Property

The Marital Home after divorce or separation The matrimonial home is considered to be a special type of asset under Spanish divorce law. Property that is used by any children of a broken-down relationship will in particular be considered to be for the use of the children primarily, and their parents secondarily. That being the ... Read More

Divorce with mortgage: addition to the cost of splitting-up in Spain

An all too common problem faced by many separating couples in Spain today is: how to deal with a property should the relationship ends? It is a cruel twist of fate that the emotional turmoil that many suffer at this time is exacerbated by the fact that the resale value of the property is not sufficient to fully repay the mortgag... Read More

Child Custody Rules Changes in Spain

The Spanish government has just produced a draft bill that could see important changes in how the custody of children is dealt with by the Courts following a divorce in Spain. The existing law regarding Child Custody states that, upon divorce, shared custody should only be considered 'exceptionally'. This provision is to ... Read More

Court Decision on Use of the Family Home Following Break-Up

The Spanish Supreme Court has allowed an appeal and overturned an earlier judgment regarding the use and enjoyment of the 'matrimonial home'. The court heard that the use and enjoyment of a property in Madrid had been attributed by the lower courts to the the child of an unmarried Spanish couple and - by default - to the child's... Read More

Child custody Spain: joint custody permitted in more circumstances

Introduction The Justice Minister has announced that Article 92 of the Spanish Civil Code is to be changed so that judges in divorce proceedings may award joint custody of any children where the interest of the children require it, and not merely in ‘exceptional circumstances’. The amendment ought to be in place within six ... Read More

Process for Distribution of Assets Following Divorce in Spain

When considering how assets should be divided between divorcing spouses,  the law in Spain firstly determines the 'type' of marriage that exists between the spouses and then separates the common assets from  private assets - the latter belonging exclusively to one of the spouses. It should be pointed out though that should the... Read More

Spanish family law: what are 'private assets'?

Following on from a previous article regarding Spanish family law and the division of assets upon a divorce in Spain, assets which may not form part of a matrimonial ‘pot’ are known as ‘private’. These assets belong exclusively to one or other of the spouses and is not subject to being divided upon a divorce. Private ass... Read More

Divorce Application Form Download

Application FormTo download the application form simply left-click  on the Word Document Icon - you can then print if required.    If you download the form in Adobe pdf format you will need to print the form once downloaded, complete it by hand and then scan the completed form before returning by email.... Read More

Divorce in Spain

What you need to know about divorce in Spain - Introduction Below you will find answers to some of the most common questions regarding divorce in Spain. Of course, family law is a very broad topic as it impacts on many of the most important personal and financial relationships that people tend to have. Of particular int... Read More

Grandparents visitation rights upheld by Spanish Supreme Court

Grandparents' visitation rights have been historically forgotten within divorce proceedings: It is probably an obvious error from a human perspective, but Law is often left behind as society moves on.But Law also moves on: The Supreme Court has decided that neither poor relations nor a lack of any understanding between parents a... Read More

Is it possible to divorce when spouse lives in another country?

As a result of the European Regulation 2201/2003 it is possible to know exactly when and under what circumstances it is possible to divorce when a spouse lives in another country.Many important aspects of a divorce decree can depend on the location of the spouses, for example, the location of the initial divorce application ca... Read More

Is a Divorce Agreement, signed by the Spouses but not ratified in Court, still enforceable?

Divorce AgreementWhen a couple decide to separate, or indeed to get divorced, via the “mutually agreed” process, an agreement is drawn-up that reflects the (agreed) wishes of the two spouses, and is known as the Convenio Regulador or “Divorce Agreement”. The agreement can contain details that will govern the economic re... Read More

Parental child abduction - Judicial Processes in Spain

By using the term ‘ international abduction of minors’, we refer to the unlawful relocation of a child to a country different from the one in which they normally are resident, violating the right of custody attributed to another individual or institution, including those cases where either of the parents moves with the child... Read More

International Divorce fundamental factors

Nowadays in Spain it is ever more common that at least one person in a relationship is not Spanish or very possibly that neither are Spanish but are living as full-time residents here in Spain, having married abroad. As a result, when considering the difficult and complex situations that arise with separations and divorces, eit... Read More

Tax Consequences of Divorce and Property Distribution in Spain

Learn about the tax consequences of divorce in Spain regarding property distribution. A Q&A illustrating a usual example for tax consequences of divorce to learn from:Question: I am in the process of going through a divorce in the UK and we have a property in Spain. What are tax implications of transferring the property in Spain... Read More

Medical Card Spain: divorcees with no Social Security contributions

The Health Minister has confirmed that divorced or separated women who have not made Social Security contributions will still get access to medical services via their eligibility for a medical card which grants the holder access to health services throughout Spain.The question arose as a result of the adjustments that were being... Read More

More children in new relationship does not reduce child support obligations

The Spanish Supreme Court has clarified the law concerning a parent's financial responsibilities if they go on to have more children with a different partner.The issue has previously been discussed on numerous occasions by the lower courts with some deciding that merely having children in a subsequent relationship, although incr... Read More

Ex-wife Who Failed to Comply With Visitation Rights Exonerated

A Spanish woman who moved to Badajoz in Extremadura for the purposes of completing work experience in the company she worked for had an earlier decision by the court of first instance overrules and the €150 fine withdrawn. The woman, originally from Santander had argued that she had to move to Badajoz for a period of three mo... Read More

Registering a foreign marriage in Spain

Are you married in a foreign country and wish to register the marriage in Spain? The main requirement to register your foreign marriage in the Spanish Civil Registry is that, at least, one of the spouses has the Spanish nationality. Please note that if the marriage is not recognised in the country where it took place, it will ... Read More

Distribution of Matrimonial Assets following divorce in Spain

All you need to know about property assets when divorcing in SpainFollowing our exhaustive Divorce in Spain Overview, we offer this deep insight on one of the toughest issues after marriage end: what needs to be done with matrimonial assets, once common and now probably in dispute? Keep reading...The Application of Spanish LawTy... Read More

Express Divorce in Spain

Express DivorceThe Express Divorce process was introduced in Spain in 2005 and can be broken down to the following elements:Reasons for choosing Express Divorce ProceedingsBenefits - Costs & TimeRequirements for an Express DivorceSteps to an Express DivorceThe 'Convenio' AgreementOther Aspects of an Express Divorce Why apply fo... Read More

Fathers Rights Spain

BackgroundThe law in Spain states that, following the end of a marriage, custody of the children may be awarded to either parent.Although there have been recent developments that suggest the judiciary is beginning to apply more weight to the role of the father in the upbringing of the children, in approximately 95% of cases, cus... Read More