Process for Distribution of Assets Following Divorce in Spain

divorce spain 2012

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 there be an agreement between the spouses then it will be unnecessary for the courts to adjudicate the matter.

The judge directs the spouses to meet on a specified date to draw-up an inventory of the matrimonial assets. Failure to appear at this meeting will be taken to mean agreement with the inventory proposed by the other spouse.

Where there is disagreement as to whether an asset should be included in the inventory of matrimonial assets or as to it’s value then this is set-aside to be resolved by the judge.

Submit Distribution Proposal

Once the inventory is agreed or decided upon by the judge, and the declaration ending the marriage is made then either of the spouses may request division of those assets which appear on the inventory. This request should be accompanied by a proposal as to how the assets should be divided – taking into account the norms established by civil law in this regard.

Having received the request to divide-up the assets both parties will receive an invitation to meet with a court official within 10 days so as to reach an agreement as to the distribution of the assets. As before, failure to attend will be deemed acceptance of the other spouse’s proposal. A failure to agree will necessitate a ruling that an expert arbitrator be appointed to decide on the matter.

Related Services

36 Lawyers Offering Divorce Services in Spain

Testimonials for our Divorce service
  • Mr Banbury
    Mr Banbury , Santa Cruz

    Rosanna has a passion for her profession and dealt with my divorce in a very professional manner.


    Oct 15, 2019
  • 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
  • Navdeep Singh
    Navdeep Singh, Lisbon

    Very satisfied with the service provided by Simone


    Aug 07, 2019
  • Marion Brennan
    Marion Brennan, Alicante

    At every stage of our family case, Jose Antonio has been knowledgeable and thorough, very professional while remaining kind and supportive and ensured that we took the right steps for a positive outcome.


    I would highly recommend Jose Antonio for legal representation.


    Jun 29, 2019
  • Amir
    Amir, Lisbon

    Our lawyer Simone is a very nice person who gave us personal attention like a family.


    Start to finish she provided the best service. Very happy with the job done, thx a lot!


    May 31, 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
  • Julie Smith
    Julie Smith, Torrellano

    I can't compliment my solicitor enough.


    From our initial meeting right through to my ultimate divorce (with no unpleasant surprises the entire duration of the entire process), he immediately responded to my many enquiries, always had mine and my daughter's best interests at the forefront of any considerations and was well worth every penny of his extremely reasonable fee.


    Excellent value for money, totally approachable and very professional and understanding. I highly recommend him and will continue to retain his services for other matters in the future.


    Apr 20, 2018
  • Robert Davies
    Robert Davies, Mallorca

    Very supportive and clear on producing a suitable divorce settlement.


    Efficient, understanding and professional.


    Mar 12, 2018
  • D slocombe
    D slocombe, Spain

    Jose is very friendly and understanding.


    I am very satisfied and I would you use the same lawyer again in the future.


    May 19, 2017
  • Louise Kirby
    Louise Kirby, Alicante

    Jose Antonio is a very dedicated lawyer. He ensures he has a deep understanding of the case and provides excellent advise on a range of issues.


    He has often replied to queries out of hours and works hard to provide the best outcome for his clients.


    His service is outstanding and I would highly recommend him.


    Feb 15, 2017
  • 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
  • Malcolm John Lewis
    Malcolm John Lewis, Germany

    Totally professional and helpful in every way, helped to solve problems that arose and so would recommend to anyone.


    Dec 15, 2016
  • Raquel Flores Camua
    Raquel Flores Camua, Abbotsford

    Rossana was excellent in all these qualities – responsiveness, understanding, value for money, ability to explain and provide appropriate legal solutions, approachability and professionalism.


    Couldn’t ask for more, extremely satisfied with her service and sincere attention to my interests.


    Dec 12, 2016
  • Centa P Cronin
    Centa P Cronin, Fuerteventura

    Beatriz was very friendly…easy to engage with….efficient service.


    She couldn’t have done more.


    Nov 26, 2016
  • 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
  • Nick C
    Nick C, London

    I have to say he was excellent. Perfect English.I was dreading it and he appreciated my position and showed a lot of empathy.


    Fernando was very responsive with very quick turnaround. Explained all areas of the law in an understandable and uncomplicated way. Professional and cost effective.


    I deal with a lot with lawyers through my business and he is one of the best ones I have come across.


    Nov 04, 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
  • Thomas Hills
    Thomas Hills, Spain

    Legally I believe everything was covered in what I think was a complicated situation, so I am satisfied that I was well represented.


    No problems were encountered with language, as the lawyer had perfect English. Meetings were scheduled and kept, which is good for Spain !

    Overall I am very satisfied with the service.


    Mar 13, 2015
  • Brett Goldsmith
    Brett Goldsmith, Canada

    He helped me not to put certain points in my divorce, that I later may have regretted. Often in haste a person will ask for or give certain concessions that later will be inappropriate.


    I was fortunately stopped from doing this by my lawyer Pedro.


    Pedro has a professional, helpful and friendly approach.


    Sep 21, 2014
Send Your Enquiry
Are there public holidays?

Enquiry sent. Thank you!

Please fix errors