When and how can a foreigner get a divorce in Spain? In this article we will explore all the crucial aspects, requirements, and nuances of this process, both for marriages between two foreigners in Spain and for mixed marriages between a foreigner and a Spanish national.
This issue is of utmost importance, since we must take into account that if you got married abroad and later registered your marriage in Spain, getting divorced abroad will not be enough for such marriage to no longer be valid in Spanish territory (even if one of the two parties is Spanish).
Hence, here is how to successfully complete this process and all that it entails.
The first and most important thing you must verify in order to be able to divorce in Spain is that your marriage celebrated abroad has been previously registered in the Spanish Central Registry.
This process is known as exequatur.
Otherwise, that marriage would not be valid here, and therefore you would not be able to break it from a legal standpoint.
On the other hand, and as a second requirement, in order to initiate the divorce in Spain of a foreign marriage, it will be essential to ensure that both spouses have their last domicile in the Spanish territory (something that can be demonstrated through the city hall registration form, called “empadronamiento”), as long as one of the two members of the marriage still lives in Spain.
Or, on the other hand, if the process starts through a lawsuit on the part of just one of the two members, it’s crucial that at least the defendant has a Spanish residence.
And if the divorce is carried out by mutual agreement, it will be enough that one of the two has residency in Spain.
In short, the Spanish courts will NOT have jurisdiction and therefore you will NOT be able to divorce in Spain when neither of the two spouses is a Spanish national and neither lives in Spain, and when the one who initiates the lawsuit has residency in Spain for a period of fewer than 6 months.
Once we can validate that we meet these two requirements, we can proceed with all the steps of the divorce.
As you can see, there is no requirement related to the reasons that lead you or lead you to break the marital relationship, as it is not necessary to prove any particular cause.
In addition, keep in mind that it is possible to divorce either by mutual agreement (both parties want it) or if just one of the members of the couple wants it.
The procedure will be the same as in the case of a national divorce, with the only difference being the documentation to be provided (something we will see later in this article).
Types of divorce in Spain
In Spain, there are two types of divorce: divorce by mutual agreement and contested divorce. Each has its own process and requirements.
Once any of them is completed (known as exequatur), the divorce is registered in the Civil Registry, and you would acquire again your “single” status, and therefore be able to legally remarry.
Let’s explore the differences between them.
By mutual agreement
This is the simplest and fastest type of divorce in Spain. Both spouses agree on all aspects of the separation, including:
- Custody and care of children.
- Division of assets.
- Financial support or alimony, if needed.
The process is straightforward. You and your spouse will present a regulatory agreement (convenio regulador) to the court. This document outlines the terms of the divorce.
The key benefits of this path are:
- It’s quicker, and often finalized in just a few months
- Lower legal costs compared to a contested divorce
- Less stress, as both parties cooperate to find solutions
If there are no children involved or you have a foreign notarial public deed, this type of divorce may even be processed through a notary so that she processes the inscription in the Central Civil Registry of Madrid. This is known as “express divorce” since the process is much faster.
Contested divorce
In a contested divorce, the spouses cannot reach an agreement on key issues.
This includes matters like child custody, property division, or spousal support.
Since there’s no consensus, the process takes longer and involves a court hearing. Each spouse presents their case, and the judge makes the final decisions.
In this case, the key points to consider are:
- The process can take several months or even years, depending on the complexity
- It’s often more expensive due to higher legal fees
- The outcome is decided by the court, which means less control over the result
Contested divorces are more common when emotions run high, or when there’s significant disagreement over financial or family matters.
Can I get divorced if I do not know where my spouse is?
Even if the person who wants to divorce does not know the location of his or her current spouse, it is entirely possible to complete the divorce.
After the filing of the lawsuit, what happens at the legal level is that the authorities will attempt to locate the whereabouts or address of the other party.
However, regardless of whether the other party is found or not, in these cases the lawsuit would be upheld and an order would be issued homologating the court judgment (and therefore the divorce would be completed).
Step by step process of divorce for foreigners
- Confirm Eligibility. First you must ensure you meet residency requirements or that Spain has jurisdiction over your case. As mentioned above, at least one spouse must reside in Spain or be a Spanish national.
- Choose the Type of Divorce. Decide between mutual agreement (faster and less costly) or contested divorce (court decides unresolved issues).
- Gather Required Documents. Collect necessary documents such as marriage certificates, residency permits, financial records, and, if applicable, a parenting plan for children. More information within the next section.
- Draft and Submit the Petition. For mutual agreements, file a regulatory agreement with the court or a notary. For contested divorces, submit a formal divorce petition outlining your claims.
- Court or Notary Review. In mutual agreements, a judge or notary reviews the terms and approves the divorce; whereas in contested cases, the court schedules hearings to evaluate both sides’ claims.
- Negotiate or Present Evidence. For contested divorces, submit evidence on disputed matters like custody, property, or financial support. Mediation may also be an option to reach agreements.
- Receive the Court Decision. For contested divorces, the court issues a ruling on all unresolved issues. In mutual agreements, the court or notary formalizes the divorce.
- Register the Divorce. Once finalized, register the divorce with the Spanish Civil Registry. For international cases, ensure recognition in your home country, if needed.
- Follow Post-Divorce Obligations. Comply with any court orders regarding child custody, support, or asset division to avoid legal complications. Later in this article we also explore all these consequences.
Documents you must submit to dissolve a foreign marriage in Spain
As we have mentioned above, each of the two paths to getting a divorce in Spain requires different documents.
In the case of the notarial divorce, the foreign public deed, duly apostilled must be submitted, as well as a written document addressed to the central civil registry in Madrid.
In the second case, the judicial process, the list of documents to be provided is a little more extensive:
- The judicial sentence together with the regulatory agreement if there are children and assets
- Identification of the parties (passport or DNI)
- Legalized or apostilled certificate of the international marriage
- Birth certificates of both parties
- If they have children in common who are under 18 years old, their birth certificates
- Census registration form (“volante de empadronamiento”)
- Family book (if available)
Please note that all foreign documentation to be provided must be officially translated by a sworn translator (if the language is other than Spanish).
How long does it take to get divorced?
Providing an exact answer is complicated, since the duration depends on how each case unfolds. However, if we rely on statistics, we can observe that the average time that divorces take in Spain is between 3 and 4 months in total (for mutual agreement divorces).
Obviously, in process of divorce in which there assets and minor children in common are involved, and in which there is no mutual agreement, the process can be delayed much more.
If you have any doubts or would like to receive personalized advice with your immigration needs, our expert lawyers are at your disposal.
Implications of getting a divorce in Spain
So far we have explored how a divorce is processed in Spain, its requirements, and its types. But, what happens after that divorce takes place?
What are the legal consequences each spouse will face?
That is exactly what we cover next.
Who gets the house/properties in the divorce?
In Spain, the division of property during a divorce depends on the marital property regime:
- Under community property (called “sociedad de gananciales” in Spanish), assets acquired during the marriage are split equally, including the house. However, assets owned before the marriage or inherited remain personal.
- In a separate property (“separación de bienes”) regime, each spouse retains ownership of what they individually acquired, and jointly purchased properties are divided based on contribution.
When children are involved, the court usually prioritizes their welfare. The parent with custody is often granted the right to stay in the family home, regardless of who owns it.
If there are no children, the house is typically allocated based on ownership or mutual agreement.
If the spouses cannot agree on who keeps the property, the court makes the decision. Factors like financial contributions, personal circumstances, and family needs influence the ruling.
For international couples, the applicable property regime might follow the laws of another country, which adds complexity.
Selling the property and dividing the proceeds is a common solution, especially when neither spouse can keep the house. This allows for a clean break and avoids future disputes over the property.
Custody and child support after divorce
In Spain, custody arrangements prioritize the well-being of the children.
Courts typically favor shared custody (“custodia compartida” in Spanish) when both parents are deemed capable of providing a stable environment.
However, in some cases, one parent may be granted sole custody, with the other having visitation rights. Decisions are based on factors like the child’s age, emotional bonds, and each parent’s ability to provide care.
Child support (or “pensión alimenticia”) is mandatory when one parent has sole custody or when there is an income disparity in shared custody.
This financial contribution covers the child’s basic needs, including housing, education, food, and healthcare.
The amount is determined by the court based on the parent’s income, the child’s needs, and the family’s standard of living before the divorce.
In shared custody arrangements, child support may still apply if one parent’s financial situation is significantly better than the other’s. The goal is to ensure that the child enjoys a similar quality of life in both households.
Parents are encouraged to reach agreements on custody and support through mutual consent. If no agreement is possible, the court will decide, guided by the best interests of the child.
Spousal maintenance
In Spain, spousal maintenance (called “pensión compensatoria”) is granted only when one spouse faces significant financial disadvantage after the divorce.
Its purpose is to correct economic imbalance and help the disadvantaged spouse maintain a reasonable standard of living.
Courts consider factors like the duration of the marriage, financial resources of each spouse, and non-financial contributions (e.g., raising children).
Maintenance is typically temporary, offering support until the recipient becomes financially independent. Permanent payments are rare and limited to exceptional cases.
If spouses cannot agree, the court determines the amount and duration based on the specific circumstances.
Couples in mutual agreement divorces can negotiate their own terms, subject to court approval.
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