Can Foreigners Get Divorced in Spain?
Yes. Foreign nationals who are married and living in Spain can file for divorce through the Spanish courts. Spanish courts have jurisdiction over divorces where at least one spouse is habitually resident in Spain. You do not need to be a Spanish citizen or permanent resident — even a relatively recent move to the Costa del Sol establishes sufficient connection for the Spanish courts to handle your divorce.
Spain's divorce law (Ley 15/2005) removed the requirement for prior legal separation and allows either spouse to petition for divorce unilaterally, without needing to establish fault. This makes Spanish divorce law relatively progressive and straightforward compared to many other systems.
Mutual Consent Divorce (Divorcio de Mutuo Acuerdo)
If both spouses agree on all terms — custody, asset division, maintenance payments — a mutual consent divorce (divorcio de mutuo acuerdo) is possible. This is by far the quickest and least expensive option. Each spouse must be represented by their own lawyer and a single notary or solicitor (procurador) handles the court submission.
Timeline: typically 2–4 months from filing to final judgment, depending on court workload. Since 2015, uncontested divorces without children can also be completed before a notary (without going to court), often in just a few weeks.
Contested Divorce (Divorcio Contencioso)
If the spouses cannot agree on terms, a contested divorce (divorcio contencioso) is filed. One spouse's lawyer files a petition; the other responds. The court may order a hearing, request expert reports on children's welfare or asset valuations, and issue a judgment. Timeline: typically 6–18 months, depending on complexity and the issues in dispute.
In contested divorces, the court decides on: custody and visitation of children, division of marital assets, spousal maintenance (pensión compensatoria), and child maintenance (pensión alimenticia). Your lawyer's strategy and expertise in presenting evidence and legal arguments directly affects the outcome, which is why choosing an experienced family lawyer in Mijas is so important.
Division of Marital Assets in Spain
How assets are divided depends on the matrimonial property regime under which you married. In Spain, the default regime for couples who marry in Spain is gananciales (community of property), in which most assets acquired during the marriage are jointly owned and split equally. However, many foreign nationals marrying abroad operate under a separación de bienes (separation of property) regime, in which each spouse owns their own assets.
Your lawyer will need to establish which regime applies — this depends on where you married, the laws of both spouses' home countries, and any pre-nuptial or marital agreements. This is a complex area where professional legal advice is essential, particularly where there are properties in multiple countries.
Children and Custody in Spanish Divorce
Spanish family courts prioritise the best interests of the child. Joint custody (custodia compartida) is increasingly common in Spain and reflects the trend across Europe. The court will consider factors including the children's ages, existing relationships with each parent, school stability, and any history of domestic conflict.
International custody situations — where one parent wishes to relocate to another country with the children — are particularly complex. Spanish courts take a cautious approach to international relocation. If you or your spouse is considering moving to another country with children, take urgent legal advice before making any such move.
Recognition of Foreign Divorces in Spain
If you have a divorce judgment from another country (UK, USA, Germany, etc.) and need it recognised in Spain — for example, to allow you to remarry in Spain or to reflect the change in property ownership — the process of recognition has become simpler within the EU and most countries. Your lawyer can advise on the specific process for your nationality and the originating country of your divorce.