Your family is separating after the move and the practical sequence

Terms used

• Abogado de familia — The abogado de familia is a lawyer who handles divorce, children, family home and related money matters.
• Colegio de Abogados — The Colegio de Abogados is the local bar association, which refers lawyers and runs free legal advice and legal aid.
• Mediación familiar — The mediación familiar is a process where a neutral mediator helps you agree on children, home and money without going to court.
• Arraigo — The arraigo is a residence permit based on your ties to Spain, such as time living there, training or family.

Key rules

• Lawyer first: See a Spanish family lawyer before you move out or sign anything.
• Lease: Separating does not end a shared lease; you both stay liable to the landlord until it is ended or replaced.
• Children: Do not take the children out of Spain without the other parent's consent.
• Permit: If your permit depends on your partner, get advice before it lapses.
• Emergency: Call 112 in an emergency or 016 if you fear your partner.

Start with safety, then get a lawyer

Separation needs a careful order: safety first, then early legal advice, then housing, children, money and your right to stay. Do not move out or sign anything before you have spoken to a Spanish family lawyer (abogado de familia).

If you are in danger, call 112. If you fear your partner, call 016. Victims of gender violence can get free legal help whatever their income.

Find legal advice you can afford

Your local Colegio de Abogados (bar association) runs a lawyer referral service and gives free first advice. If your income is low, you can apply for free legal aid at its legal aid office. Foreigners living in Spain legally qualify. The income limit depends on household size and changes every year, so ask the bar association for the current figure. Bring proof of income.

Your consulate can give you a list of lawyers who speak English or other languages. It cannot give legal advice.

Mediation (mediación familiar) is an option if you can still talk. Divorce can be agreed through a notary or a court, and you do not need to be separated first.

Housing: the lease does not split itself

If you both signed the lease, you are both responsible to the landlord for the full rent, even after one of you moves out. Separating does not end or divide the lease. Your options:

• Both stay until the lease ends.
• One leaves but stays liable.
• The landlord agrees in writing to a new contract, or to replace the tenancy with one tenant.
• You both end the lease. After six months, you can do this with 30 days' notice.

The landlord must agree before one tenant is removed. If you are married and a court gives one spouse the family home, that spouse continues the lease and the landlord must be told. Unmarried couples do not get this rule.

Children

Agree temporary arrangements for the children. Do not take them out of Spain without the other parent's consent. It can count as international child abduction.

Money

Copy your bank statements and list joint accounts, debts and contracts. Keep access to your own income. Rules on property and children depend on your region and on your marital property regime, so ask your lawyer which apply to you.

If one of you has no income, see the "What if" answer below.

Your residence status

If your permit depends on your partner, ask a lawyer about it straight away, before the permit runs out. Options may include:

• An independent permit after a period as a family member, which can apply in cases of divorce or separation. You usually need a work contract or other means of support.
• A residence and work permit for victims of gender violence. You can request it with a protection order or a prosecutor's report.
• Arraigo, a permit based on your ties to Spain. It covers social ties, training, or family, for example if you are the parent of a Spanish child.
• If your partner is an EU citizen, you may keep your residence after divorce. This usually needs a marriage of at least 3 years, with 1 year in Spain, or cases of violence or child custody.

These permits are requested at the Oficina de Extranjería or the Policía Nacional. The periods were changed by a 2025 reform, so get current advice.

The checklist, documents list and timeline below put these steps in order.

Timeline and deadlines

• Read your lease and ask your landlord in writing about replacing the tenancy with one tenant: as soon as you decide to separate

• Tell the landlord who continues the lease if a court gives one spouse the family home: after the divorce ruling

Documents you need

• Passports for you, your partner and your children

• Marriage certificate, if you are married

• Padrón certificate from your town hall, showing who is registered at your address

• Your rental contract and any other contracts, such as utilities, loans or work

• Copies of your bank statements, joint account details and debts

• Proof of income, which the bar association asks for if you apply for free legal aid

Checklist

• Make sure everyone is safe, and call 112 in an emergency or 016 if you fear your partner

• Agree who stays in the home for now and check what your lease says

• Copy your financial records and list joint accounts and debts, and keep access to your income

• Ask a lawyer how your residence permit is affected if it depends on your partner

• Gather your passports, marriage certificate, padrón certificate and contracts

• Consider family mediation (mediación familiar) to agree terms without court

What if we separate and one of us has no income?

If you have no income, you are still not without options. In the first week, make yourself safe, secure your documents and bank access, find a place to stay, and speak to a lawyer. If your residence permit depends on your partner, get legal advice before it lapses.

Your first week, in order

1. Safety first. If you are at risk, call 112 in an emergency. Call 016 for advice on gender violence. It is free, confidential, open 24 hours, and does not show on the phone bill.
2. Gather your documents. Collect your passport, residence card, marriage and children's documents, the lease, and bank and medical records. Keep copies in the cloud or with someone you trust.
3. Check your bank access. Find out which accounts are joint and keep access to the money you are entitled to. Keep proof of any money you move.
4. Find somewhere to stay. Go to your town hall's social services. They can assess your situation and offer emergency aid, food and shelter. If abuse is involved, the regional women's services can arrange emergency accommodation. Friends, family and charities such as Cáritas and Cruz Roja can also help, whatever your residence status.
5. Register at your address. Get on the padrón at the address where you are staying. It opens the door to most services and counts toward the residence periods that many benefits require.
6. Book legal advice. See "Getting a lawyer" below.

Getting a lawyer

Start with the local bar association. It runs a lawyer referral service and a free first-advice service. You can also apply there for free legal aid, which is based on income and household size, so having no income usually helps your case. Victims of gender violence qualify whatever their income. Bring proof of your income situation and your documents. The income limits change every year, so ask the bar association what applies now.

Your consulate can give you a list of lawyers who speak your language, but it cannot give legal advice.

Your residence status

If you hold a permit as the spouse or partner of a resident, the permit is tied to your partner's status and to the relationship. Even so, the permit usually allows you to work, so you can look for a job now. A separation does not always end your right to stay, because there are independent routes:

• An independent permit after a period on the family permit, or after separation, divorce or the sponsor's death.
• A residence and work permit for victims of gender violence. You can ask for it with a protection order or a prosecutor's report, and a provisional permit is granted while the case runs.
• Roots-based permits (arraigo), for example through long residence or being the parent of a Spanish child.
• If your partner is an EU citizen, you may keep your residence after divorce. This depends on how long the marriage lasted and how long you lived in Spain, or on violence or child custody.

The periods and requirements for these routes changed in 2025, and they differ by permit type. Take your permit and dates to a lawyer, or to the immigration office, before the permit runs out.

Income while you rebuild

• Regional minimum income: Each region runs its own scheme. It usually requires a period on the padrón, often 1 to 3 years.
• National minimum income: This generally requires one year of legal residence. Victims of gender violence are an exception.
• Unemployment benefit: This is only available if you have paid contributions.
• Health care: Emergency care is open to everyone. Registered residents are covered by the public system.

Eligibility and amounts vary by region, so ask social services what you can claim where you live.

Frequently asked questions

Does a separation end our shared rental lease?

No, separating does not end or split a lease you both signed, and you both stay liable to the landlord for the full rent even if one of you moves out. To change this, you need the landlord's written agreement to a new contract with one tenant, or you can both end the lease after six months with 30 days' notice.

Who keeps the family home if we are married?

If you are married, a court can give use of the family home to one spouse in the divorce, often the parent who looks after the children. That spouse then continues the lease and the landlord is told. Unmarried couples do not have this automatic rule.

Can I get free legal advice if I cannot afford a lawyer?

Yes, you can get free legal aid if your income is under the limit for your household size, and foreigners living legally in Spain qualify. Your local bar association (Colegio de Abogados) gives free first advice and takes legal aid applications with proof of income.

Can I stay in Spain if my permit depended on my partner?

Possibly, because there are several routes, such as an independent permit after a set period with a work contract or means of support, a permit for victims of gender violence, or arraigo (residence based on ties to Spain). Which one fits depends on your permit, so ask a lawyer before your current permit runs out.