Family law between countries

It is for people who are considering, planning or carrying out a move to Spain. Many of these decisions are time-critical, and some are hard to undo, so it pays to read first and act second.

Start with "Where can you divorce when spouses live in different countries?". It shows which courts can hear your case and which law they apply. Most of the other pages build on that answer.

Some questions fall outside this topic: residence permit consequences of divorce, domestic violence crisis support, children's citizenship, and finding a lawyer or legal aid.

Key rules

• EU divorce rules: The current EU rules on divorce and children's cases apply to proceedings started from 1 August 2022, and the first court asked to decide goes ahead.
• Birth registration: A birth in Spain must be registered within 10 days, extendable to 30 days with a justified reason.
• Exequátur reply: In an exequátur case the other party and the prosecutor have 30 days to reply.
• Abduction penalty: Taking a child abroad without consent can mean two to four years in prison and loss of parental authority for four to ten years.
• Notary divorce: You can divorce by notary or court clerk only by mutual agreement, at least three months after the marriage, and with no minor or dependent children.
• First court wins: Between EU countries, the first court asked to decide the divorce goes ahead and the second one waits.

Family law between countries: the whole process, step by step

• Confirm your foreign marriage is recognised in Spain (Getting a foreign marriage recognised in Spain): Before any other step, and before you register it in Spain

• Work out which country's courts can hear the divorce (Where can you divorce when spouses live in different countries?): Before filing anywhere: for proceedings started from 1 August 2022, the first court asked to decide goes ahead

• Choose the divorce route in Spain (How divorce works in Spain for foreign couples): By notary or court clerk only by mutual agreement, at least three months after the marriage and with no minor or dependent children; otherwise go to court

• If you file in court, lodge the demand and expect the reply period: In a contested case the other spouse has 20 working days to reply, then a hearing and a sentence that can be appealed

• Get a foreign divorce or court order recognised in Spain (Getting a foreign divorce or court order recognised in Spain (exequátur)): When the decision comes from a non-EU court; the other party and the prosecutor have 30 days to reply, and the whole process often takes 6 to 12 months or more

• Register a child's birth (Birth registration, surnames and parentage across two countries): Within 10 days of birth in Spain, extendable to 30 days with a justified reason

• Apply for a child's return if the child was taken abroad (Moving a child between Spain and another country after separation): As soon as you know: the target for a return decision is six weeks at each instance, though real cases often take longer

Documents you may need

Identity and residence

• Your ID

Translations and legal papers

• Sworn translation
• A notarial deed or an apostilled copy of the foreign agreement — Marital property regime (régimen económico matrimonial) after moving to Spain

Other documents

• Marriage certificate
• The foreign decision — Getting a foreign divorce or court order recognised in Spain (exequátur), Birth registration, surnames and parentage across two countries
• Divorce decision or certificate — Getting a foreign marriage recognised in Spain
• Birth certificates of your children — How divorce works in Spain for foreign couples
• The signed agreement on your divorce terms — How divorce works in Spain for foreign couples
• Proof that the decision is final — Getting a foreign divorce or court order recognised in Spain (exequátur)
• Court authorisation from a Spanish court to move the child abroad permanently — Moving a child between Spain and another country after separation
• A copy of the maintenance order you want enforced — Child and spousal support when someone leaves Spain

Each article lists the other documents it asks for, where you need them.

Family law between countries: questions that cross several articles

Does Spain recognise a same-sex marriage celebrated abroad between foreign nationals?

Yes, Spain recognises a same-sex marriage validly celebrated abroad, including between foreign nationals, if it is valid under local law and not contrary to public order. Civil unions that the foreign country does not call marriage are treated differently. Read Getting a foreign marriage recognised in Spain next.

Can a Spanish court handle my divorce if one spouse lives outside the EU or in the UK?

Yes, Spanish courts can take your divorce under national rules when no EU ground applies, for example if you both live in Spain or the spouse filing is Spanish. UK-based spouses are treated as non-EU cases. Read Where can you divorce when spouses live in different countries? and then How divorce works in Spain for foreign couples.

Which country's law applies if my divorce is heard in Spain?

A Spanish court applies the law you both chose, if you agreed on one, such as the law of your home country or of the court. Without a choice, it uses the law of your shared habitual residence, then shared nationality, then Spanish law.

What happens if my spouse starts divorce proceedings in another country too?

Between EU countries, the first court asked to decide goes ahead and the second court pauses. With a non-EU country, a Spanish court may pause only if the foreign decision would be recognised in Spain. Read Where can you divorce when spouses live in different countries? and Getting a foreign divorce or court order recognised in Spain (exequátur).

Which country's courts decide custody if the parents live in different countries?

The courts of the country where the child normally lives decide custody, and this stays so after a lawful move to a new country. If a child is wrongly taken abroad, the former country keeps jurisdiction for a time.