Divorce or separation when you hold an EU-style family card

Terms used

• Padrón — The padrón is the town hall register of residents, used to prove where you live.
• Convenio regulador — The convenio regulador is the written agreement on divorce terms, such as children and money, approved by a court.
• Exequatur — The exequatur is the Spanish court procedure that recognises a foreign judgment so it has effect in Spain.
• Arraigo — The arraigo is a residence permit based on your ties to Spain, such as work, family or social links.

Key rules

• Separation: Living apart without a court ending the marriage does not cancel your card.
• Marriage length: After a divorce you can keep residence if the marriage lasted at least 3 years, with at least 1 year in Spain, before the proceedings began.
• Other grounds: Custody of the children, access rights exercised in Spain, or domestic violence can also let you keep residence.
• Work or means: You must still show work or enough money, plus health insurance.
• Registered partners: The end of a registered partnership generally ends the derived right, so plan for another residence route.

Does the card survive?

Separation alone does not end your card. Only a divorce, annulment or cancellation of the marriage can. After that, you keep your residence only if you meet one of the conditions below.

Separation without a divorce

If you live apart but the marriage has not been ended by a court, you are still a spouse. Your card stays valid and so does your right of residence. The authorities can still investigate if they suspect a sham marriage. A court judgment that ends the marriage, or a finding of fraud, would change your position.

Keeping residence after a divorce

You keep your residence if any one of these applies:

• The marriage lasted at least 3 years, with at least 1 year in Spain, before the proceedings began.
• A court gave you custody of the citizen's children.
• You have a right of access to a minor child, and you must exercise it in Spain.
• You are in exceptionally difficult circumstances, such as domestic violence.

You must also show that you work, are self-employed, or have enough money, and that you have health insurance. Check with the office how it applies the work or means requirement in your case.

The same conditions apply if your spouse is Spanish.

How to apply

Go to the immigration office (Oficina de Extranjería) or the provincial police documentation office that issued your card. Report the divorce and prove the conditions. There is no fixed deadline you can rely on, so act promptly: once the marriage ends, the card no longer covers you as a dependant. Ask the office whether to submit this at your next card renewal or straight away.

Evidence

Offices often check padrón records and may call you to an interview. The documents list below shows what to bring. To prove the marriage and the time you lived together in Spain, use:

• the marriage certificate
• a collective padrón certificate showing you both at the same address
• a lease or property deed in both names
• utility bills, joint bank statements and tax returns

To prove custody or access, use a firm court judgment or the approved convenio regulador. A foreign judgment needs court recognition (exequatur), an apostille and a sworn translation. Provisional court measures are accepted while proceedings are ongoing. Start gathering these now, before the relationship ends.

If you are a registered partner

The divorce protections are written for spouses. A registered partner has no express right to keep residence when the partnership ends. You would generally lose the derived right and need residence on another basis, such as a work permit, arraigo or another route in your own name. Ask the immigration office or a lawyer about your case before you act.

Documents you need

• The divorce judgment or divorce certificate, from the court that ended the marriage.

• Your marriage certificate from the Registro Civil (the civil registry). A foreign certificate must be apostilled and translated if needed.

• Proof of at least 3 years of marriage, with at least 1 year in Spain: a collective padrón certificate showing both spouses at the same address, plus a lease or property deed in both names and utility bills.

• If you rely on children: a firm court judgment or the approved convenio regulador (the agreed divorce terms) giving you custody or access, plus each child's birth certificate and a padrón certificate showing the child lives in Spain.

• If your judgment is foreign: it needs court recognition (exequatur), an apostille and a sworn translation.

• Proof that you work or have enough money, together with proof of health insurance.

What to document now in case your relationship ends

• Get a marriage certificate from the Registro Civil (the civil registry), or a foreign certificate that is legalised or apostilled and translated if needed.

• Request a collective padrón certificate (volante de empadronamiento colectivo) showing both spouses at the same address in Spain.

• Keep a copy of the lease or property deed in both names, and recent utility bills.

• Gather joint bank account statements, school records and tax returns that show you live together.

• If you are a registered de facto partner, save the registry certificate and proof of a stable relationship.

• Save your children's birth certificates and a padrón certificate showing each child lives in Spain.

• Keep any court judgment (sentencia) or approved convenio regulador (the agreed divorce or separation terms) that sets custody or visiting rights.

• Keep any provisional court measures (medidas provisionales) issued while proceedings are ongoing.

• Get a foreign custody judgment recognised (exequatur), legalised or apostilled, and sworn-translated.

Frequently asked questions

Does a separation without a divorce end my family card?

No, a separation without a divorce, annulment or cancellation does not end your card. The marriage stays valid until a court decision ends it, so you keep your right of residence until then.

What happens to my residence if my registered partnership ends?

If your registered partnership (pareja de hecho) is dissolved, you generally lose the right you held through your partner. The divorce protections are written for spouses, so partners have no equivalent.

Can I keep my residence after divorce if I have children with the citizen?

Yes, you can keep residence after divorce if a court granted you custody of the citizen's children, or gave you access rights to a minor child that you exercise in Spain. You must also meet the work, or means and health insurance, requirement. A court judgment is the proof.

Do I have to report my divorce to the immigration office?

Yes, you should report the divorce and prove your conditions to the office that issued your card, because the card no longer covers you as a dependant once the marriage ends. No fixed deadline is set, so act promptly. This is usually done at your card renewal or when your status changes.