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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 reason at all i.e. no grounds for divorce are needed. Even if one of the spouses does not wish to get divorced, a divorce will proceed as there only needs to be a petition from one of the spouses and to have been married for at least three months. It is unnecessary for the couple to be separated for a period of time before making a petition for divorce.

Divorce Law in Spain: 2 ways for splitting up

There are two ways to get divorced in Spain:

  1. By mutual agreement whereby the divorce is petitioned by both spouses, or by one spouse with the consent of the other;
  2. One of the spouses files for divorce at court,

If both parties completely agree on all the terms of the divorce and there is absolutely no disagreement between them, the same lawyer can act for both parties in the divorce which means the process is not only quicker, but also cheaper.  In this case, you can get divorced and not even have to appear in court – you can just give your lawyer a power of attorney to act on your behalf.

Divorce Law in Spain covers – quite equally in “normal” cases as it evolves – if there is not full agreement to divorce; then one of the spouses files for divorce at court and the judge will decide regarding the custody of children, the alimony, the division of assets of the spouses where applicable.

In Spain, unlike other countries, after the divorce is completed, both spouses can get married immediately and are not obliged to wait for any specific period of time.

Legal separation is another alternative to a divorce in Spain. Nowadays, with the new divorce law, the only ‘difference’ between legal separation and divorce is that being only legally separated, the couple could not get married again to another person.

You may be interested also in the possibility of Express Divorce in Spain. As a general trend, divorce is raising over the decades, some countries – as seen with the “Express” fast path divorce – adapt themselves to the zeitgeist.

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Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.


1Who is this Service for?

For anyone who wishes to initiate, or who needs to respond to, divorce proceedings or other family law proceedings including separation and annulment.

2What does this service consist of?

  • Initial discussion with a specialist lawyer to understand the current position and options for next steps
  • If initiating divorce proceedings, possibility to refer case to an Advocate Abroad solicitor registered by the Law Societies in the UK to provide consultation on whether divorce proceedings may take place in the UK
  • If proceedings in UK not possible or desired, filing of the divorce petition to the local Courts or formal legal response if responding to a petition for divorce in the local Courts
  • Certificate of English law arranged if applying English-law to the foreign divorce proceedings
  • Negotiation of all terms of the divorce settlement
  • Drafting/Review of the divorce agreement
  • Division and distribution of Matrimonial Assets
Support services

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

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