Can Foreigners Get Divorced in Spain?
Yes. Foreign nationals living in Spain can file for divorce through the Spanish courts. Spanish courts have jurisdiction where at least one spouse is habitually resident in Spain. You do not need Spanish citizenship — even a recent move to the Costa del Sol is sufficient.
Spain's divorce law removed the requirement for prior legal separation and allows either spouse to petition unilaterally, without establishing fault — making Spanish divorce law relatively progressive and straightforward.
Mutual Consent Divorce
If both spouses agree on all terms — custody, asset division, maintenance — a mutual consent divorce is possible. Each spouse must be represented by their own lawyer. Timeline: typically 2–4 months. Since 2015, uncontested divorces without children can also be completed before a notary in just a few weeks.
This is by far the quickest and least expensive option, and is the approach we always explore first with our clients.
Contested Divorce
If the spouses cannot agree, a contested divorce is filed. One spouse's lawyer files a petition; the other responds. Timeline: typically 6–18 months, depending on complexity.
In contested divorces, the court decides on custody and visitation, asset division, spousal maintenance, and child maintenance. Your lawyer's expertise in presenting evidence directly affects the outcome.
Division of Marital Assets in Spain
How assets are divided depends on the matrimonial property regime. In Spain, the default is gananciales (community of property), where assets acquired during the marriage are split equally. Many foreign nationals operate under separación de bienes, where each spouse owns their own assets.
Your lawyer will establish which regime applies — this depends on where you married and any marital agreements. This is a complex area where professional advice is essential, particularly with properties in multiple countries.
Children and Custody in Spanish Divorce
Spanish family courts prioritise the best interests of the child. Joint custody is increasingly common. The court considers children's ages, existing relationships with each parent, school stability, and any history of conflict.
International relocation with children is particularly complex. If either parent is considering moving to another country with the children, take urgent legal advice before 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 — to remarry or change property ownership — the process has become simpler within the EU. Your lawyer can advise on the specific process for your nationality.