Expat Divorce in Spain

Expat Divorce in Spain: discover what only the top, expert family lawyer in Spain know about 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 divorce has changed a lot with the passage of time.  It used to be a long and complex process and now, usually, it is relatively quick and straightforward.

The Spanish divorce law is faultless, which means that someone can be divorced without the need to list any reason at all – no grounds for divorce are required.

Even if someone does not wish to get divorced, the process will go forward as to get divorced only a petition from one of the spouses is needed as well as the marriage having lasted for at least three months. It is no longer necessary for the couple to be separated any time before asking for the divorce.

Even if you got married outside Spain, or you are no longer living in Spain, non-Spanish nationals can obtain a divorce HERE:

  • if they or their spouses live in Spain;
  • their spouses are Spanish nationals;
  • their children live in Spain.

There are two ways to get divorced in Spain: by mutual agreement or petitioning the court.

By mutual agreement, getting a divorce in Spain is really easy as long as both parties can agree on the all-important matters of child custody and the division of assets. In fact, by mutual agreement the spouses can get divorced in a couple of months and completely hassle free.  It is even possible to get divorced while not physically being in Spain or not appearing in court; by virtue of a Power of Attorney the lawyer will be able to act on your behalf.

The process whereby the court is petitioned to decree a divorce will obviously be longer but it needn’t be difficult.

While, for divorces where there are young children, custody is usually granted to the mother,  if the circumstances allow it, a lawyer specialising in family law may ask for and obtain the court’s approval for joint custody,  which in the last number of years has become a more common outcome of divorce proceedings in Spain.

While lately Spanish courts are not willing to award alimony, again a specialist family lawyer can prove useful in this area.

Another recent development in family law is the possibility that the court may grant a divorce decree without the court having to deal with matrimonial property or finances, since this is an issue that can be consider later on, not being any more an impediment to finalise a divorce.

Nevertheless, whenever one of the parties so desires, a spouse may seek to enforce a partition of family assets by asking to the court for a complete and full disclosure of all assets.

Related Services

33 Lawyers Offering Divorce Services in Spain

Testimonials for our Divorce service
  • Maja Alberte Bache
    Maja Alberte Bache, Almeria

    I can fully recommend Alvaro - he patiently explained the procedures - and trustfully led us through it as well ulfilled the case in the best possible way. Thanks


    Sep 09, 2020
  • Stephen Harris
    Stephen Harris, Fuengirola

    My solicitor here in Spain did get me a divorce as requested and tried his best to get it recognized in the U.K. unfortunately this has proved impossible. My solicitor here probably not aware of the difficulty at that time but did his utmost best.


    May 14, 2020
  • Eamonn Gomez
    Eamonn Gomez, Madrid

    Francisco and Carmen did a great job handling my divorce. In this difficult time for me, they handled the issues with understanding and flexibility.


    Francisco was very good in court and he could defend well against all the challenges made to the pre-nuptial contract my husband and I signed, so that it was upheld in full.


    Sep 29, 2019
  • Eamonn Gomez
    Eamonn Gomez, Madrid

    Francisco was extremely helpful, he couldn't have done more.


    Sep 07, 2019
  • Tina Shiels
    Tina Shiels, Fuengirola

    Alvaro was very helpful and went above and beyond to try to help me in my situation as I needed it to happen as fast as possible.


    Even whilst he was on holiday he was in touch and made things happen. would definitely recommend!


    Sep 06, 2019
  • Robert Cunningham
    Robert Cunningham, Mallorca

    Rosa was absolutely first class. She made a very difficult time in our lives a lot easier and for that I could not be more grateful. Thank you Rosa


    May 20, 2019
  • Keisha
    Keisha, Valencia

    Inmaculada was professional and also demonstrated compassion and understanding during this difficult period in my life.


    Apr 03, 2019
  • Wayne
    Wayne, Valencia

    Francisca was very informative and helpful. She handled my divorce professionally and made it easy for me throughout the process.


    Highly recommend and reasonable fees. Thank you, Francisca!


    Mar 16, 2019
  • Wayne Cherry
    Wayne Cherry, London, England

    Francisca was very informative and attentive to all of my inquiries and concerns. I would definitely be going back to her if needing her services again and would recommend her brilliant services.


    Mar 09, 2019
  • Candy
    Candy, Cadiz

    Francisco was very responsive, supportive and understanding.


    Unfortunately, I had to use another lawyer who has helped me in another case.


    Feb 11, 2019
  • Colin Wilson
    Colin Wilson, Australia

    Overall it was great. Rosa always answered all questions asked and provided clear, concise and well explained answers.


    When there was a delay in responding she did offer an apology which was appreciated. Rosa always instilled a sense of confidence that she knew exactly what was going on, what I was asking, and what the applicable law was.


    When not a Spanish local and dealing with her remotely, this provided great comfort in a sensitive matter.


    Oct 30, 2018
  • Robert Davies
    Robert Davies, Mallorca

    Very supportive and clear on producing a suitable divorce settlement.


    Efficient, understanding and professional.


    Mar 12, 2018
  • Stanley Jones
    Stanley Jones, Llano del Camello

    I am very satisfied with Oliver, he was very helpful and always happy to assist.


    I would definitely use the same lawyer again in the future.


    Jan 17, 2017
  • CW
    CW, Ibiza

    Very knowledgeable and supportive from the outset.


    Made to feel very comfortable and nothing was too much trouble. Very highly recommended.


    Nov 22, 2016
  • Michael Anthony
    Michael Anthony, Malaysia

    I found Francisco to be very understanding of my needs and was able to discuss frankly with him on sensitive and personal matters.


    I found Francisco to be extremely professional, helpful, knowledgeable and importantly very approachable. I would certainly recommend him to anyone who needed such services and I would certainly use him and his law firm again if the need arose.


    Aug 19, 2016
  • Kate Godbehere
    Kate Godbehere, Granada

    From the outset, Rosa was extremely professional, approachable, efficient and competent. Her level of English is extraordinary, something very much appreciated as it made life easier for me during an inherently difficult time.


    Her correspondence was always relevant, detailed, simply and clearly explained and expressed. Rosa was kindly, matter of fact, calm, patient and always reassuring.

    Her pro-active, intelligent, thoughtful and knowledgeable advice helped very much during a particularly delicate and worrying stage of the process.


    Feb 25, 2016