For international couples in Spain, in English. Updated October 2026.

Divorce lawyers in Spain

A divorce is hard enough without a foreign legal system. We are Spanish family lawyers who handle agreed and contested divorces, custody and the division of property for international couples, in English, from the first call to the final judgment. One lawyer, on your side only.

We act for clients throughout Spain, with cases in Madrid, Valencia, Seville, Málaga, Cádiz, Huelva and Extremadura, and we attend hearings in person at any court in Spain. You can be anywhere: we handle the case and travel when the court requires it.

David Peralta, divorce and family lawyer in Spain
Your lawyer
David Peralta
Lawyer · Managing Partner · ICAS no. 15174
Leads our family law practice. Over 10 years advising foreign nationals on divorce, custody and international family cases.
10+years of experience
4.8★121 Google reviews
EN · ESservice in English
All of Spainhearings in person
€150consultation, VAT included
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Thinking about divorce?

Tell us your situation in confidence

Where you live, where you married and whether there are children or property in Spain. A lawyer reads your message and replies within 24 hours on working days, in English, with your options.

First question

Can you divorce in Spain?

Usually yes, if Spain is where your life is. Nationality matters less than most people think: what counts is where you and your spouse live.

01
You both live in Spain
Spanish courts can hear your divorce, whatever your nationality and wherever you married.
02
Only one of you lives here
Possible if Spain was your last common home and one of you still lives here, if your spouse lives here, or if you have lived here for a year (six months if you are Spanish).
03
Applying together
If you file a joint application, it is enough that one of you lives in Spain.
04
No reason needed
Divorce in Spain is no fault. Three months after the wedding either spouse can ask for it, and earlier if there is a risk to them or the children.
Both Spanish, living abroad?Two Spanish nationals can divorce in Spain even if neither of them lives here.
Which law applies?A Spanish court does not always apply Spanish law. Under EU rules you can agree in writing to apply the law of your common residence, of either spouse’s nationality, or Spanish law. Without an agreement, it is usually the law of the country where you both live.
Your three routes

Agreed or contested: which route is yours?

Spain has three ways to divorce. Which one fits depends on whether you agree and whether you have minor children.

RouteWhen it fitsWhat it involvesTime
Before a notaryYou agree on everything and have no minor childrenThe agreement is signed in a public deed. Both spouses attend in person, assisted by a lawyerWeeks, once the documents are ready
Agreed, in courtYou agree on everything and have minor childrenJoint petition with the agreement, each spouse ratifies it, and the judge approves it. You can share one lawyer and one court representative (procurador)Usually a few months
ContestedThere is no agreement on the children, the home, money or the divorce itselfA prior attempt to negotiate, then a claim, evidence and a hearing before the family courtOften a year or more, depending on the court

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.

Wherever you are

You can be anywhere. We go to court.

You do not need to live near the court, or even in Spain. We handle the case, and when the court needs us, we are there in person.

01
Hearings anywhere in Spain
We attend hearings and trials in person at any court in Spain, from Madrid or Valencia to Málaga, Huelva or Badajoz.
02
Travel agreed upfront
Travel is agreed with you at the consultation and included in your written quote. No surprises later.
03
If you live abroad
With a power of attorney signed before a notary in your country, with an apostille, or at a Spanish consulate, we can act for you in most steps. Some, like ratifying an agreed divorce, need you personally: we tell you which and how to organise them.
04
One lawyer, in English
The same lawyer from the first call to the judgment, who answers your emails and explains every document in English.
What we handle

Divorce and family law for international couples

From the first agreement to changes years later, we handle every family matter in Spain for clients who live here or abroad.

01
Agreed divorce
Before a notary or in court, with one regulatory agreement that protects you and your children.
02
Contested divorce
Negotiation first and, if there is no agreement, the claim and every hearing in court.
03
Custody and contact
Joint or sole custody, contact schedules and holidays between two countries.
04
Maintenance
Child maintenance and compensatory payments, and claims when they are not paid.
05
Changing the measures
Updating custody, maintenance or the use of the home when circumstances change.
06
Dividing the property
Liquidation of the community property, the family home, the mortgage and assets abroad.
07
Relocation and abduction
Authorisation to move with the children, and urgent return under the Hague Convention.
08
Foreign divorces and prenups
Recognition of foreign divorces in Spain, prenuptial agreements and registered partnerships.
Step by step

How a divorce works in Spain

01
Consultation
We study where you can divorce, which law applies and what is at stake for you. It costs €150, VAT included.
02
Strategy and quote
You receive a written fixed quote with every item listed, including travel to court when it is needed.
03
Negotiation
Since April 2025, most contested family cases need a prior attempt to negotiate before going to court: mediation, a formal offer or negotiation between lawyers. A reform to remove it in cases with children is being debated.
04
Agreement or claim
If you reach an agreement, we draft the regulatory agreement. If not, we file the claim with the evidence.
05
Hearing
We attend the hearing with you, or for you when your presence is not required.
06
Judgment and registration
We register the divorce in the Spanish Civil Registry and, when needed, help you have it recognised in your country.

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.

Children

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.
Child abductionIf a child has been taken to, or kept in, another country without consent, the 1980 Hague Convention allows an urgent request for return. Spain, the United Kingdom and the United States are all parties, and no prior negotiation is required.
Children and money across bordersWithin the EU, EU rules decide which court is competent. With the UK, the 1996 Hague Convention applies. Child support between Spain, the UK and the US follows the 2007 Hague Convention.
Home and money

Who keeps the house and what is shared?

For international couples the answer depends on dates, nationalities and where you first lived after the wedding, not only on Spanish law.

01
Married from 29 January 2019
EU rules apply: the law you chose in writing or, without a choice, the law of your first common home after the wedding. If that was Spain, Spanish rules apply.
02
Married before
The Spanish Civil Code looks first at your common nationality when you married. A British couple married in the UK, for example, is generally not under the Spanish community property system.
03
Spain has several systems
Most of Spain shares what is earned during the marriage (gananciales). Catalonia and the Balearic Islands keep property separate by default.
04
The home and the mortgage
Selling the home, keeping it or transferring it to one spouse has tax and mortgage consequences. We calculate the options before you sign, with our property lawyers.
05
Compensatory payment
Not automatic: it compensates the spouse whose economic position worsens because of the divorce. It can be temporary, indefinite or a lump sum, and it ends if that spouse remarries or lives with a new partner.
06
Assets and pensions abroad
Bank accounts, property and pensions in other countries are part of the picture. We coordinate with your adviser at home.
International couples

Every nationality, one strategy

Most English-language pages about divorce in Spain are written only for British couples. We advise couples of every nationality: European, American, British, Latin American and mixed couples, applying the international conventions that fit each case.

01
European couples
A divorce granted in one EU state is recognised in the others without any special procedure, except Denmark. A Spanish notarial divorce also circulates in the EU.
02
American couples
A US divorce must be recognised in Spain before it has effect here, and the rules on property may point to the law of a specific US state.
03
British couples
Since Brexit, EU rules no longer apply between Spain and the UK. We explain what changes below.
04
Your spouse has filed abroad
Where the case is filed first can change the rules on money. A Spanish court may pause its case if proceedings abroad started earlier, but it is not automatic. Get advice before you file or reply.
UK and Spain

Divorce between the UK and Spain after Brexit

  • 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.
Already divorced abroad?

Making a foreign divorce valid in Spain

If you divorced outside the EU, Spain does not recognise it automatically. Until it is recognised and registered, it can block a new marriage in Spain, a property sale or an inheritance.

01
Through the courts
Exequatur: a Spanish court checks the final foreign judgment and declares it effective in Spain. It is then entered in the Civil Registry.
02
Through the Civil Registry
The Civil Registry can recognise some foreign decisions directly, after checking authenticity, jurisdiction, proper notification and public policy.
03
Divorced in the EU
Divorces from other EU states, except Denmark, are recognised automatically and only need to be presented with the decision and its certificate.
Residence

Your residence permit after divorce

If your right to live in Spain depends on your marriage, the divorce can affect it. EU family member cards and family reunification permits have their own rules on what happens after a divorce, and there are ways to keep your residence. We review it before you file, together with our immigration lawyers in Spain.

Before or during marriage

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.
Not married?

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.

Fees

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.
Why us

Spanish family lawyers on your side

01
Registered in Spain
Your case is handled by lawyers registered with the Seville Bar (ICAS no. 15174), who appear before any Spanish court. Not an agency, not an intermediary.
02
In court, in person
We attend your hearings anywhere in Spain. You do not need to find another lawyer in another city.
03
International experience
Divorces of foreign couples under EU rules and Hague Conventions, with clients from the UK, Ireland, the US and Europe.
04
Your whole situation
Divorce, residence, property and inheritance in one firm, with one plan. Finalist, Premios Derecho 2025, Leading Civil Law Firm in Spain.
Where we act

Throughout Spain, in person

We have handled family cases in Madrid, Valencia, Seville, Málaga, Cádiz, Huelva and Extremadura, many of them for foreign couples under international conventions. We meet clients in Seville, Marbella and Cádiz, by video call wherever they are, and in person at the court of your case.

Client reviews

What our clients say about us

4.8
★★★★★
119 verified Google reviews
★★★★★
«David was completely calm and thorough throughout the whole process. He explained everything clearly in English, kept us informed at every step and got the best possible outcome for our children. I cannot thank him enough.
Christine B.
UK · Contested divorce in Seville
Guides

Guides for international owners

In-depth answers for international couples, written and reviewed by our lawyers.

International divorce in Spain →Which court hears your divorce, which law applies, and what happens to children, maintenance and property abroad.
Where we act

Based in Seville, acting across Spain

Our office is in Seville. We act for clients anywhere in Spain and travel wherever your matter requires: to the property, the notary or the court. If you are abroad, we work by video call, and a power of attorney lets us sign for you.

Where we have acted
MadridBarcelonaValenciaGranadaCanary IslandsHuelvaCosta del SolCádizSevilleand many more

On the coast: our Costa del Sol office and our Cádiz office.

Frequently asked questions

Questions from international couples

How much does a divorce lawyer in Spain cost?+
The first consultation costs €150, VAT included, and is deducted from your fees if you instruct us. After it you receive a fixed quote in writing, with every item listed, including travel to hearings when needed.
Can we divorce in Spain if we married abroad or neither of us is Spanish?+
Yes. What matters is where you live, not your nationality or where you married. If you both live in Spain, Spanish courts can hear your divorce.
Do I need to live in Spain, and for how long?+
Not always. Spanish courts can act if you both live here, if Spain was your last common home and one of you still lives here, if your spouse lives here, or if you have lived here for a year (six months if you are Spanish).
Do I have to be in a specific city, or travel to Spain?+
No. You can be anywhere. We attend hearings in person at any court in Spain, and with a power of attorney we can act for you in most steps. Some, like ratifying an agreed divorce, need you personally, and we tell you how to organise them.
Can one lawyer act for both of us?+
In an agreed divorce in court, yes: you can share one lawyer and one court representative (procurador). In a contested divorce each spouse needs their own lawyer.
How long does a divorce take in Spain?+
Before a notary, a few weeks once the documents are ready. An agreed divorce in court usually takes a few months. A contested divorce often takes a year or more, depending on the court. We give you a realistic estimate for your case.
Is it better to divorce in Spain or in my home country?+
It depends on where you can file, which law will apply to your money and children, and how each country treats maintenance and property. Get advice before either of you files, because where the case starts can change the result.
My spouse has already filed abroad. What should I do?+
Contact us before replying. A Spanish court may pause its own case if proceedings abroad started earlier, but it is not automatic, and the deadlines abroad keep running.
Do we have to try negotiation before going to court?+
In most contested family cases, yes, since April 2025: mediation, a formal offer or negotiation between lawyers. It does not apply to agreed divorces, to urgent measures for children or to child abduction cases. A reform to remove it in cases with children is being debated.
What documents do I need?+
Your marriage certificate, your children’s birth certificates and proof of residence. Foreign documents usually need an apostille and a sworn translation, which we arrange.
Will my Spanish divorce be recognised in my country?+
In other EU states, generally without a separate procedure, except Denmark, although certificates and any grounds for refusal must still be checked. In the UK, generally yes if either spouse lived in Spain, was domiciled here or is Spanish. In other countries it depends on local rules, and we coordinate with a lawyer there when needed.
How do I register a foreign divorce in Spain?+
A divorce from another EU state, except Denmark, is recognised automatically. A divorce from outside the EU must be recognised by a Spanish court (exequatur) or by the Civil Registry, and then registered.
Who keeps the house in Spain?+
Without an agreement, the children and the parent they live with keep the use of the family home until the youngest turns 18. Ownership depends on your property regime, which for international couples depends on dates, nationalities and where you first lived after marrying.
Will I pay or receive a compensatory payment?+
Only if the divorce leaves one spouse economically worse off than during the marriage. It can be temporary, indefinite or a lump sum, and it ends if the receiving spouse remarries or lives with a new partner.
How is child maintenance set?+
By agreement approved by the judge or, without one, by the judge, according to the children’s needs and each parent’s means. The judge always sets each parent’s contribution.
Is joint custody the norm in Spain?+
Joint custody is considered normal and even desirable by the Supreme Court since 2013. Each case is decided in the children’s interest, and it is excluded where there is violence.
Can I move abroad with my children after separating?+
Only with the other parent’s consent or the authorisation of a court. Moving without it can be treated as international child abduction.
My ex has taken the children abroad. What can you do?+
Act quickly. Under the 1980 Hague Convention we can request the urgent return of the children. Spain, the UK and the US are all parties, and no prior negotiation is required.
Will the divorce affect my Spanish residence permit?+
If your residence depends on your marriage, it can. There are ways to keep it, and we review them with our immigration team before you file.
My spouse will not sign or cannot be found. Can I still divorce?+
Yes. Either spouse can ask for a divorce without the other’s consent. If your spouse cannot be found, the court tries to locate them and, if that fails, the case can continue with notice by publication.
Can we divorce at a Spanish consulate?+
No. Spanish consuls cannot grant divorces. The divorce must be before a notary or a court in Spain, but you may not need to travel for most steps.
Do you speak English?+
Yes. Your lawyer works with you in English from the first call, and every document is explained to you in English.
Your opinion

How was your experience with us?

If we have handled your divorce or family case, please rate our service. Click on the stars: it takes one second and helps other families find a lawyer they can trust.

4.9 out of 5 · 51 ratings

Thinking about divorce in Spain?

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