Specialist divorce and family lawyers in Seville — English spoken. Serving international clients since 2016.

Divorce and Family Lawyers
in Seville, Spain

Peralta Rojas Abogados is a specialist family law firm in Seville with English-speaking lawyers. We guide international clients through divorce, child custody, financial settlements and all family matters in Spain — with clarity, discretion and no language barriers.

We handle cross-border family cases involving foreign nationals living in Spain or abroad: international divorce, custody disputes under the Hague Convention, asset division involving property in multiple countries, and enforcement of foreign court orders in Spain.

This page focuses on family and divorce law services in English. For our full range of services, visit English-speaking lawyers in Seville.

4.9★
Google Reviews
🏅 AI
Best Civil Law Firm 2020
+10
Years experience
EN
English spoken
Peralta Rojas Abogados
Family Law · Seville · All Spain
🏆 Awards — Civil and Family Law
2025
Premios Derecho — Finalist, Leading Civil Law Firm · Spain
2020
Acquisition Intl. — Best Civil Law Firm · Southern Spain
2019
Revista Emprendedores — Best Civil and Family Law Firm · Andalucía
We specialise in:
  • -Divorce in Spain — contested and mutual consent
  • -Cross-border divorce and international couples
  • -Child custody and international relocation
  • -Asset division: Spain and other countries
  • -Prenuptial agreements and Spanish wills

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Family law for international clients

Clear advice.
No language barriers.

Why Spanish family law is different Spain has no-fault divorce — no grounds are required. Only three months from the date of marriage is needed to file. However, the financial and custody consequences depend heavily on which marital property regime applies, where you were married, and where your children habitually reside. For international couples, these questions can be legally complex and consequential. We handle them clearly, in English.

Our family law team is led by David Peralta Rojas, who has over 10 years of experience advising foreign nationals on divorce, child custody and family matters in Andalucía. We advise clients from the UK, US, Ireland, Germany, France and the Netherlands, and regularly handle cross-border cases involving assets and children in multiple countries.

We handle everything: from an amicable mutual consent divorce to complex contested proceedings with child custody disputes and international asset division. You are not alone in this process.

Every consultation is strictly confidential. We do not judge your situation — we focus on protecting your rights and the best interests of your children.

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Divorce in Spain
  • -Mutual consent (express) divorce — weeks, not months
  • -Contested divorce proceedings and hearings
  • -Legal separation (without ending the marriage)
  • -Convenio regulador (settlement agreement) drafting
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International divorce
  • -Jurisdiction determination (EU Regulation 2201/2003)
  • -Which law applies: Spanish vs. home country law
  • -Enforcement of foreign divorce in Spain (exequatur)
  • -Post-Brexit cases: UK and Spanish courts
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Child custody
  • -Joint and sole custody in Spain
  • -Visitation rights and holiday arrangements
  • -International relocation and Hague Convention
  • -Child maintenance and child support modification
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Asset and property division
  • -Matrimonial property regime analysis
  • -Spanish property, savings and pension division
  • -Cross-border assets in UK, US or other countries
  • -Spousal maintenance (pensión compensatoria)
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Agreements and prevention
  • -Prenuptial agreements (capitulaciones matrimoniales)
  • -Post-nuptial agreements
  • -Cohabitation agreements for unmarried couples
  • -Spanish will (testamento) as part of family planning
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Post-divorce and modifications
  • -Modification of custody arrangements
  • -Enforcement of unpaid child or spousal support
  • -Divorce order recognition in Spain (exequatur)
  • -Residency implications after divorce in Spain
Updated March 2026

Divorce in Spain
What foreign nationals need to know

Spain has had no-fault divorce since 1981. You do not need to prove grounds — but the process, financial consequences and custody rules are very different from UK, US or Irish law. Here is what matters for foreign nationals living in or connected to Spain.

Two types of divorce in Spain
Mutual consent divorce (divorcio de mutuo acuerdo)

Both spouses agree on all terms: custody, assets, maintenance and use of the family home. Filed jointly with a settlement agreement (convenio regulador). Timeline: a few weeks to 2 months. If no minor children, can be processed through a notary — the fastest option.

Most international couples with clear financial arrangements choose this route. We draft the settlement agreement in English and Spanish.
Contested divorce (divorcio contencioso)

One spouse does not agree, or the parties cannot reach agreement on key issues. Each party files separately and hearings are scheduled. Timeline: 6 months to over 1 year, depending on complexity and court workload in Seville.

We represent clients in full, providing written updates in English at every stage of the proceedings.
Jurisdiction and applicable law
Which country has jurisdiction?
Under EU Regulation 2201/2003 (Brussels IIa), Spanish courts have jurisdiction if at least one spouse lives in Spain and has done so for at least 6 months, or if both spouses are habitually resident in Spain. For UK nationals post-Brexit, the rules differ — we advise on the best jurisdiction for your specific case.
Which law governs your divorce?
Under EU Rome III Regulation, spouses can agree which country's law governs their divorce (within limits). If no choice is made, the law of habitual residence typically applies. This matters particularly for asset division and spousal maintenance.
Matrimonial property regime in Spain
Spain's default regime is gananciales (community property): all assets acquired during the marriage are split 50/50, while pre-marriage or inherited assets are separate. Couples can opt for separación de bienes (separation of property). If you were married outside Spain, your regime may follow the laws of the country of marriage.
Documents required (foreign nationals)
Marriage certificate apostilled and translated into Spanish, birth certificates for children (also apostilled), passports and NIEs. Any foreign public document must carry the Hague Apostille. We coordinate all translations and apostilles on your behalf.
Should you divorce in Spain or your home country?The answer significantly affects asset division, maintenance and custody. We advise on the best approach for your specific circumstances — before you file anywhere.
Updated March 2026

Child custody in Spain
for international parents

Spanish family courts always prioritise the child's best interests (Art. 39 Spanish Constitution). If you are an international parent, here is what you need to understand — and where the rules differ from those in the UK, US or Ireland.

Types of custody in Spain
Joint custody (custodia compartida)
Increasingly common in Spain. Both parents share daily care equally. Spanish courts now favour this when both parents are capable of providing a stable environment. International parents can have joint custody even if one parent lives abroad — visitation and travel arrangements must be clearly agreed.
Sole custody (custodia exclusiva)
One parent has daily care; the other has visitation rights and typically pays monthly child support. Child maintenance does not automatically end at age 18 — it continues until the child is financially independent (e.g. finishes university and finds work).
Child's opinion
Spanish courts consider the opinion of children over 12. From age 13, a judge hears the child's views on which parent they wish to live with. Siblings are generally not split between parents.
International custody: key issues
International relocation of a child
If you have custody and want to move abroad with your child, you need either the other parent's consent or a court authorisation. Moving without consent constitutes international parental abduction, governed by the Hague Convention 1980. Spain is a signatory — the child would be ordered returned.
Hague Convention cases
If a child has been wrongfully removed from Spain to another country, or brought to Spain without consent, the Hague Convention on International Child Abduction applies. We handle emergency applications for return. Time is critical — cases are significantly stronger within 12 months.
Jurisdiction for custody in Spain
Spanish courts have jurisdiction over custody when the child is habitually resident in Spain — regardless of the nationality of the parents. If children were born in Spain and live here, a Spanish court will decide their custody, even in an international divorce.
Your family lawyer

Award-winning family lawyer
who speaks English

David Peralta Rojas — Family Lawyer Seville
David Peralta Rojas
Partner · Family, Civil and Real Estate Law
🏆 Premios Derecho 2025 Finalist
🏅 Acquisition Intl. 2020 — Best Civil Law Firm
📞 Contact David
A lawyer who understands your situation

David Peralta Rojas leads our family law practice. Over more than 10 years, he has guided foreign nationals living in Seville and across Andalucía through some of the most difficult moments of their lives — with calm, discretion and a clear focus on what matters: protecting you and your children.

His experience spans the full spectrum of family law: from straightforward mutual consent divorces processed in a matter of weeks, to complex contested proceedings involving international asset division, cross-border custody disputes and Hague Convention cases. He has worked alongside family lawyers in the UK, Ireland and the US on multi-jurisdictional cases.

Member, Ilustre Colegio de Abogados de Sevilla (ICAS)
Specialist in divorce, custody and family law for foreign nationals in Spain
Experience with UK, US, Irish and European clients in international cases
Finalist, Premios Derecho 2025 — Leading Civil Law Firm · Spain
Best Civil and Family Law Firm in Andalucía — Revista Emprendedores 2019
Acquisition International 2020 — Best Civil Law Firm · Southern Spain
4.9 ★★★★★ 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
🏆
Premios Derecho 2025
Finalist Leading Civil Law Firm · Spain
🏅
Acquisition Intl. 2020
Best Civil Law Firm · Southern Spain
🥇
Revista Emprendedores 2019
Best Civil and Family Law Firm · Andalucía
4.9 / 5 Google Reviews
100+ verified reviews · international clients
Why choose us

Your rights.
Protected from the start.

Going through a divorce in a foreign country, in a language that is not your own, is one of the most stressful experiences imaginable. We make it as clear and manageable as possible — with total transparency, in English, every step of the way.

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Everything in English — zero translation guesswork
We communicate exclusively in English with our international clients. Every document, every court update and every strategy discussion happens clearly in your language. You will never sign something you do not fully understand.
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Cross-border expertise
International divorces involve questions of jurisdiction, applicable law and the recognition of foreign orders that most Spanish lawyers never deal with. We do. We coordinate with legal counsel in the UK, US and Ireland when cases span two countries.
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Total discretion and confidentiality
Family law cases require discretion. We treat your situation with complete confidentiality. We also advise on the implications of divorce for your residency visa in Spain — something many family lawyers overlook for foreign clients.
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Response within 24 hours
Family matters are urgent. We respond within 24 hours. Consultations can be in person in Seville or online via video call anywhere in the world. We serve clients across all time zones.
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€150 initial consultation — deducted from fees
Our initial consultation is €150 (IVA included). We assess your situation, explain your legal position clearly in English and recommend a strategy. If you retain our services, the €150 is fully deducted from your fees. The consultation cost is never lost.
Divorce and family lawyers · Seville · All Spain

Going through a divorce in Spain?
We are here for you.

Tell us your situation. We will assess your legal position, explain your options in English and advise on whether to proceed in Spain or your home country.

Initial consultation: €150 (IVA included). Deducted from fees if you retain our services. The consultation cost is never lost.
Reply within 24 hours in English
In-person or online
All Spain
Frequently asked questions

Questions from international clients going through divorce in Spain

Updated March 2026. If your question is not here, call us: 955 314 558.

Can I get divorced in Spain if I am not Spanish?+
Yes. Spanish courts have jurisdiction when at least one spouse has been habitually resident in Spain for at least 6 months before filing, or when both spouses last lived together in Spain. You do not need to be Spanish. Only 3 months must have elapsed since the marriage date — and no grounds are required in Spain. It is a no-fault system.
How long does a divorce in Spain take?+
Mutual consent divorce: typically 4–8 weeks for the court version; even faster via notary if no minor children are involved. Contested divorce: 6 months to over 1 year in Seville, depending on complexity and whether provisional measures are needed immediately (e.g. for child custody or use of the family home).
What happens to our Spanish property when we divorce?+
It depends on your matrimonial property regime. Under the default Spanish system (gananciales/community property), all assets acquired during the marriage are divided 50/50. Under separation of property (separación de bienes), each spouse keeps what they own. If you married outside Spain, the regime may follow the law of the country of marriage, which adds complexity. We advise on the most advantageous approach before you proceed.
Will my divorce affect my residency visa in Spain?+
Possibly. If your residency in Spain depends on a family reunification visa linked to your spouse, divorce may affect your right to remain. However, if you have children in Spain, if you are financially independent, or if you already have permanent residency, you may have grounds to remain regardless. We advise on the residency implications as part of every divorce case — this is often overlooked by other lawyers.
Can I take my children back to the UK (or US or Ireland) after divorce?+
Not without consent or a court order. If your children habitually reside in Spain, you need either the other parent's written agreement or a Spanish court authorisation to relocate them abroad. Taking children abroad without this is classified as international parental abduction under the Hague Convention — a criminal offence. We apply for relocation authorisations and advise on realistic timescales and prospects.
I have a UK divorce order — is it valid in Spain?+
Post-Brexit: UK divorce orders are no longer automatically recognised in Spain under EU regulations. You must apply for exequatur — a judicial procedure to have the foreign order recognised by the Spanish Supreme Court. We handle exequatur proceedings for UK and other non-EU court orders. Allow 6–18 months.
How much does the initial consultation cost?+

Our initial consultation is €150 (IVA included). We assess your situation, explain your legal options clearly in English and give you an honest view of the most effective strategy for your specific case — whether divorce, custody or a combination of issues.

This fee is never lost: if you retain our services, the €150 is fully deducted from your total legal fees.
4.9/5 - (95 votos)
Peralta Rojas Abogados
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