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Frequently asked questions about Divorce in Spain
there in Spain? In Spain there are two ways of getting divorced. Divorce by mutual agreement and contentious divorce. The first one involves the spouses reaching agreements on the economic and personal conditions that will apply to their divorce. These agreements will be compiled in a document known as a ‘Settlement agreement’. The contentious divorce occurs when the spouses do not reach an agreement and resort to a Judge to decide on this matter.
What causes must be proven in order to get divorced in Spain?
In Spain it is no longer necessary to prove grounds or cause to get divorced. Once three months have passed since the celebration of the marriage, either of the spouses can apply for divorce. You can get divorced even if your partner does not agree and wants to continue the relationship.
I am a foreigner; can I get divorced in Spain?
Yes. Generally speaking, if you have your habitual residence in Spain (or if the last family domicile is in Spanish territory) the Spanish Courts would have jurisdiction.
Can Spanish law be applied to the divorce?
If your habitual residence is in Spain, the Spanish law may apply to the divorce. However, it is important to bear in mind that if you got married outside Spain (or after the marriage you lived in a foreign country) the applicable law to your matrimonial property regime, might be the law of that country. This is why it is necessary to study the specific circumstances of each case. What documentation do I need to get divorced in Spain?
You will need to present your marriage certificate, the birth certificate of your children, deeds or documents concerning your real estate, proof of your habitual residence, etc. Please note that some of these documents may require a sworn translation and apostille/legalisation if they were issued abroad.
Do I need a solicitor and a procurator to get divorced in Spain?
If you get divorced before the Courts, you will need to be assisted by a solicitor and a procurator. If the divorce is by mutual agreement, both spouses may share solicitor and/or procurator.
In case of divorce… Who keeps the children? What types of custody are there?
If the spouses cannot reach an agreement on the custody of the children, the judge will decide. There are different types of custody. On the one hand, there is the singleparent custody. When custody is awarded to only one of the parents. On the other hand, it also exists a shared custody, in which both parents alternately share custody of the children. This type of custody is increasingly common in Spain.
How does the existence of minor children affect the divorce process?
When there are minor children in the marriage, it is compulsory to get divorced in
Court. The Public Prosecutor’s Office will intervene in the process and will ensure that the interests of the minors are respected. When the Judge passes sentence, besides deciding which spouse gets the custody, he or she will also decide on other issues. The visitation and communication regime of the noncustodial parent; the payment (or not) of child maintenance, etc.
Am I entitled to financial compensation from my spouse?
Article 97 of the Spanish Civil Code foresees a compensatory pension between spouses to compensate for the economic imbalance that may result from the divorce. Its amount will be calculated according to the dedication of the spouses to the marriage, the economic means of each spouse, the duration of the marriage, etc.
Is there any other type of compensation I can claim?
Yes, among others, art. 1438 of the Spanish Civil Code also contemplates a compensation, when the matrimonial property regime of the spouses is separation of property.
