Divorce in Spain
lawyers in spain

A request for divorce or separation, may be filed before the court on the following basis:

  • Both spouses can agree to a divorce once they have been married at least for 3 month .
  • Any of the spouses may submit a request for judicial separation or divorce without the other’s consent after being married for 3 months.
  • In the case one of the spouses had been the victim of any domestic violence the duration of a marriage is not a requisite to file the petition for divorce or judicial separation

It is not required to have been legally separated for a certain period of time in order to be able to file for a divorce.

1)          Agreed Divorce

The court proceedings in this case are simpler and quicker. The petition for divorce must be filed along with the regulatory agreement by your spanish lawyer.

2)     Contested Divorce

One of the spouses files the petition divorce without the other spouse´s consent.

The court proceedings in this type of divorce, are long and complex.

In some circumstances, provisional measures may be established in order  to organize matters such as: child custody, joint assets, alimony and spousal support.

The divorce dissolves the marriage, thus once divorce is granted,  the inheritance rights cease between the parties,  as well as the  widow´s pension,  after the divorce is granted.

Both ex–spouses are free to remarry legally.

To file for divorce in spanish courts you need to comply these conditions:

–          Both parties of the marriage need to be Spanish Residents when filing for agreed divorce

–          In the case of agreed divorce, if both spouses are spanish nationals,  regardless of their location.

In the parenting plan or Convenio Regulador, both spouses  agree to establish  the following arrangements:

–          Who is going to be the parent with  whom the children will be living

–          How will the children´s custody be exercised

–          Establish the  visitation rights for the non- custodial parent

–          The amount to be paid for the children´s alimony

–          Determine the sum to be paid by one of the parties in favor of the  other as  spousal support.

–          Designate who will be the spouse who is going to have the use of the family home

–          The percentage in which each spouse will contribute to the family expenses.

The judge´s resolution will determine the divorce and will express its acceptance, refusal or ammendment of the parenting plan.

In the case of a contested divorce the judge must decide on the matters that should have been set up in the Convenio Regulador or parenting plan. This sentence can be appealed.

Also, if in the future the circumstances of the parties change, they can apply for the conditions of the divorce ( matters related to the parenting plan) to be modified, such as child maintenance, custody, visitation rights. In this case another court procedure must be initiated.

To file a divorce in a spanish court you need the assistance of a spanish lawyer and a procurador.

The judges ruling deciding the divorce needs to be registered in the Civil Registry.

Should you need representation to file a Divorce, request child custody  or visitation rights, contact us.

Privacy Policy Settings