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 procurador (responsible for liaising with the court on your behalf) are required and consequently the costs are shared.
On the other hand, if the proceedings are contentious, which is the case when there is disagreement as to any of the terms of the divorce, or indeed to the divorce proceedings themselves, then the costs will increase in direct proportion to the time it takes for the lawyers to negotiate an agreement to the terms. Ultimately if no agreement can be made, the judge will make a decision.
Finally, upon receiving a judgment in a contentious divorce, it is necessary to go through the process of distributing assets which is usually charged separately as official registries need to be contacted and titles to assets varied etc,
So what is a an Express Divorce?
This is where both spouses are agreed not just as to the decision to divorce but, importantly, as to the terms of the divorce. The terms of a divorce are contained in the divorce agreement (known as the ‘convenio’ in Spanish) and will cover such areas as:
- Custody of Children
- Visitation Rights
- Use of the family home
- Alimony Payments
- Responsibility for any ongoing bills/mortgage
Where the spouses are agreed as to these issues then they may either singly or jointly petition the court for an ‘express’ divorce. The costs for a divorce in Spain vary but largely will range between 700€ – 1500€ when legalisation of documents, powers of attorney and procurador costs are considered.
In the case of a contentious divorce, each spouse would be looking at a starting cost of around 1000€ each plus additional costs. Normally it will reach rather higher than this figure due to the negotiation of the divorce agreement referred to above.
It is obvious from the above that the preferable route from a financial point of view is to petition an express divorce on the grounds that it is much cheaper and quicker to resolve. Advocate Abroad can assist you in either scenario with English-speaking family lawyers available.
See Express Divorce FAQ for more information on the process and to see if you can avail of it.