Our law firm advises on family law: divorce in Spain, custody, maintenance and matrimonial property. We give legal advice to clients across Spain, including for international couples and foreigners living here.
We handle uncontested divorce (the quick route when both spouses agree) and contested divorce. When both parties agree, we keep the process as short as the court timetable allows. When they do not, we take the contested route with a clear litigation strategy, protecting your position on the family home, maintenance, the division of property and the custody of your children. We also handle legal separation and informal separation.
If one or both spouses are not Spanish, or you married abroad, two questions come first: which court can hear the divorce, and which country’s law applies. Under Regulation (EU) 2019/1111 (article 3), the courts of a member state have jurisdiction in divorce when, among other grounds, the spouses have their habitual residence there, the last place they lived together is there and one of them still lives there, the respondent lives there, or both spouses share its nationality. A petitioner who has lived in the state for at least one year, or for six months if they are also a national, can also file there. In a joint petition, it is enough that one spouse lives there.
As for the applicable law, Regulation (EU) 1259/2010 lets spouses choose the law that governs their divorce from a closed list: the law of the country where they live, the law of the last country where they lived together if one of them still lives there, the law of either spouse’s nationality, or the law of the court. Without a choice, the law of the country where the spouses live when the petition is filed applies, followed by the other criteria set by the Regulation. We check both points before filing, so the case starts in the right court. We also work with couples from the UK and other countries, covering the financial and family aspects of the case at the same time, and you can send us the details of your situation by email before the first meeting.
Spanish divorce law (the Civil Code and the Civil Procedure Act) sets the rules for the procedure: the petition, the proposed regulatory agreement for the children and property, and the court order that ends the marriage. We explain the consequences of each step, from the use of the family home to maintenance and the division of assets, and we ask for the information and documents we need from you at the start. Our legal advice covers both the court procedure and the issues that come with it, such as pensions and shared property.
We represent you in proceedings to decide custody, whether shared or sole, always under the principle of the best interests of the child. We draft and review the divorce agreement (convenio regulador), set the visiting arrangements, holidays and special periods, and apply to modify them when circumstances change.
We handle uncontested divorce (the quick route when both spouses agree) and contested divorce. When both parties agree, we keep the process as short as the court timetable allows. When they do not, we take the contested route with a clear litigation strategy, protecting your position on the family home, maintenance, the division of property and the custody of your children. We also handle legal separation and informal separation.
If one or both spouses are not Spanish, or you married abroad, two questions come first: which court can hear the divorce, and which country’s law applies. Under Regulation (EU) 2019/1111 (article 3), the courts of a member state have jurisdiction in divorce when, among other grounds, the spouses have their habitual residence there, the last place they lived together is there and one of them still lives there, the respondent lives there, or both spouses share its nationality. A petitioner who has lived in the state for at least one year, or for six months if they are also a national, can also file there. In a joint petition, it is enough that one spouse lives there.
As for the applicable law, Regulation (EU) 1259/2010 lets spouses choose the law that governs their divorce from a closed list: the law of the country where they live, the law of the last country where they lived together if one of them still lives there, the law of either spouse’s nationality, or the law of the court. Without a choice, the law of the country where the spouses live when the petition is filed applies, followed by the other criteria set by the Regulation. We check both points before filing, so the case starts in the right court. We also work with couples from the UK and other countries, covering the financial and family aspects of the case at the same time, and you can send us the details of your situation by email before the first meeting.
Spanish divorce law (the Civil Code and the Civil Procedure Act) sets the rules for the procedure: the petition, the proposed regulatory agreement for the children and property, and the court order that ends the marriage. We explain the consequences of each step, from the use of the family home to maintenance and the division of assets, and we ask for the information and documents we need from you at the start. Our legal advice covers both the court procedure and the issues that come with it, such as pensions and shared property.
We represent you in proceedings to decide custody, whether shared or sole, always under the principle of the best interests of the child. We draft and review the divorce agreement (convenio regulador), set the visiting arrangements, holidays and special periods, and apply to modify them when circumstances change.
We claim and, where appropriate, apply to modify or end child maintenance in line with the guideline tables of the General Council of the Judiciary (Consejo General del Poder Judicial) and the case law. We also handle spousal maintenance (pensión compensatoria), the compensation one spouse may receive after the marriage ends, and act in enforcement proceedings when the other party stops paying.
We register unmarried couples as a registered partnership (pareja de hecho), draft cohabitation agreements and advise on the rights and obligations that follow, as well as on ending the partnership and its financial effects and effects on any children you have together.
We claim and, where appropriate, apply to modify or end child maintenance in line with the guideline tables of the General Council of the Judiciary (Consejo General del Poder Judicial) and the case law. We also handle spousal maintenance (pensión compensatoria), the compensation one spouse may receive after the marriage ends, and act in enforcement proceedings when the other party stops paying.
We register unmarried couples as a registered partnership (pareja de hecho), draft cohabitation agreements and advise on the rights and obligations that follow, as well as on ending the partnership and its financial effects and effects on any children you have together.
We advise on the matrimonial property regime that best suits your situation, draft marriage agreements (capitulaciones matrimoniales) before or during the marriage, which must be signed as a public deed before a notary to be valid (article 1327 of the Civil Code), and handle the dissolution and liquidation of the community of property (sociedad de gananciales), including the inventory of assets and their allocation.
We handle divorces, custody and maintenance from our offices in Madrid and Barcelona. Each city has its own page with details of how we work there and the proceedings we are asked about most.
Yes. In Spain neither spouse’s consent nor a specific ground is required. It is enough that three months have passed since the wedding and that one spouse files the petition. If there is no agreement the proceedings are contested, but the divorce is still granted.
If you married abroad or the spouses live in different countries, first check that a Spanish court has jurisdiction (Regulation (EU) 2019/1111). We assess this at the start and give you clear information on the options.
The right to use the family home is normally given to the parent who keeps custody of the minor children. If there are no children, or they are adults, the court looks at which spouse has the greater need of protection. Ownership of the property is a separate question and is settled when the matrimonial property regime is liquidated.
It is neither automatic nor compulsory, but courts increasingly treat it as the preferred arrangement when both parents are fit and can communicate at a basic level. The decision is always based on the best interests of the child.
Under Spanish family law, child maintenance does not end automatically when the child turns 18. It continues while the child is not financially independent and is still studying or actively looking for work. You can apply to end it when certain circumstances apply.
Yes. A substantial change in your financial situation, such as losing your job, a drop in income or new family responsibilities, allows you to apply to modify the measures. It is important to do this through the court and not to stop paying on your own, because the debt keeps building until there is a new court order.
We cover the whole of Spain remotely, and in person at our offices in Madrid, Barcelona, Córdoba, Seville, Málaga and Palma (Mallorca).
We are here to guide you through your legal process with empathy, with a service built around your situation.
We work to resolve your case in an orderly and timely way, keeping you informed at each stage.
We are here to guide you through your legal process with empathy, with a service built around your situation.
We work to resolve your case in an orderly and timely way, keeping you informed at each stage.
