Divorce lawyers in Spain

The regulatory agreement (convenio regulador) covers the children and their contact with each parent, the family home, maintenance, the division of property and any compensatory payment. The judge approves it unless it harms the children or is seriously unfair to one spouse.

Where it is safe and appropriate, we try agreement first, because it is faster, cheaper and better for your children. When urgent protection is needed, that comes first. When it is not possible, we take the case to court and stand with you at every hearing.

Documents: marriage certificate, the children’s birth certificates and proof of residence. Foreign documents usually need an apostille and a sworn translation, which we arrange.

If there is violence: cases of gender violence go to a specialised court section, mediation is not allowed and joint custody is excluded. Your safety comes first: in an emergency, call 112.

Your children come first

Most of our international cases involve children. These are the rules that decide their day to day after the divorce.

• Joint custody: since a 2013 Supreme Court judgment, joint custody is considered normal and even desirable, not exceptional. It is excluded where there is violence.
• Child maintenance: the judge always sets each parent’s contribution, and adult children without income who live at home can be included.
• The family home: without an agreement, the children and the parent they live with keep the use of the home until the youngest turns 18.
• Moving abroad with the children: changing the child’s country needs the other parent’s consent or the authorisation of a court.

• No EU rules: since 1 January 2021 the EU rules on jurisdiction and recognition no longer apply between Spain and the UK.
• Where to file: England and Spain can both have jurisdiction, and their financial rules are very different. Where you file first still matters.
• Children and maintenance: the 1996 and 2007 Hague Conventions continue to apply between both countries.

• A Spanish divorce in the UK: generally recognised if either spouse lived in Spain, was domiciled here or is Spanish. For a notarial divorce, we check your case first.
• A UK divorce in Spain: Spain is not party to the 1970 Hague Divorce Convention, so a UK divorce must be recognised here through the courts (exequatur) or the Civil Registry.

Prenuptial agreements in Spain

• When: before or after the wedding. If the wedding does not take place within a year, the agreement lapses.
• Form: only valid in a public deed before a notary, and noted in the Civil Registry so that it protects you against third parties.
• Foreign prenups: they can be valid in Spain, but usually need an apostille, a translation and sometimes adapting. We review yours.
• Catalonia: has its own rules for agreements made in anticipation of a breakup.

Unmarried couples

Spain has no national divorce procedure for unmarried couples. Each region has its own law on registered partnerships, and the rules differ widely.

Custody, child maintenance and the use of the home are decided by the same family courts as for married couples. We advise you under the rules of your region.

Clear fees, in writing

The first consultation costs €150, VAT included. In it we study your case and tell you where you can divorce, which route fits and what it will involve. If you instruct us, the €150 is deducted from your fees.

• A fixed quote in writing: before we start, with every item listed: our fees, the court representative (procurador), travel to hearings and, when needed, notary, translations and registry costs.
• No surprises: nothing is added along the way without your prior agreement.
• Confidential: everything you tell us is protected by professional secrecy, from the first message.