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Residency Rights after Divorce or Separation in Spain

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Service Details

Residency Rights after Divorce or Separation

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

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


1Who is this service for?

Many non-EU citizens are currently resident in Spain under a Visa obtained due to the fact that they are married to either a Spanish person or an EU-Citizen.

Since their residency rights depend upon their relationship with their partner, the validity of those rights may be called into question should the relationship terminate.

Nonetheless, should the non-EU citizen find themselves in any of the following circumstances, they may maintain their residency status, though please note it is necessary take action quickly in order to preserve their residency rights (see further below):

  • The marriage lasted at least 3 years
  • Following the divorce or separation, custody of any children, born as a result of the relationship, is attributed to the non-EU citizen, or indeed visitation rights
  • The non-EU citizen was subject to some form of domestic violence which resulted in the separation or divorce

Should any of the above circumstances pertain, the non-EU citizen must visit the appropriate government department responsible for immigration matters to inform them which of the circumstances apply to them, in order to maintain their residency rights.

Should none of the above circumstances apply to the non-EU citizen, they must reapply for residency based on any other of the options available to non-EU citizens to gain residency rights in Spain.

2What does this service consist of?

  • Advice on your legal situation and the options available to you, given your specific circumstances
  • Assistance attending the foreigners office to notify the authorities of your situation and to make an application to remain in Spain due to your circumstances
  • If required, to assist with making an application for residency under an alternative Visa
  • Liaise with the foreigners office until such time as the application is approved and the right to residency is confirmed


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.

Why choose Advocate Abroad? Message