How divorce works in Spain for foreign couples

Terms used

• Procurador — A procurador is a court representative who files and follows your case in court, in addition to your lawyer.
• Demanda — A demanda is the written claim that starts a contested court case.
• Medidas provisionales — Medidas provisionales are temporary court orders on the home, custody and support while the divorce case runs.
• Justicia gratuita — Justicia gratuita is free legal aid for people whose income is below set limits.

Key rules

• Notary or court clerk: 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.
• Children: If you have minor or dependent children, your divorce goes to court, because a judge and prosecutor must review the terms.
• Lawyer: You always need a lawyer; a procurador is needed only in court.
• Contested reply time: Your spouse has 20 working days to reply to a contested claim.
• Foreign couples: You can use these routes if Spanish courts have jurisdiction, for example because you live in Spain, and Spanish law applies.

Which route applies to you

Your route depends on two things: whether you have minor or dependent children, and whether you and your spouse agree on the divorce.

• No children, and you agree: you can use a notary or the court clerk.
• Children, and you agree: you go to court together, in a joint (agreed) divorce.
• You do not agree: you go to court in a contested divorce, whether or not you have children.

The comparison below sets the three routes side by side.

Notary or court clerk: the quick routes

These routes are closed if you have minor children or children with modified capacity who depend on you. A judge and a prosecutor must review the terms for children, so that case goes to court.

You need a lawyer in both cases. The lawyer prepares the agreement on your finances, children and home, and you both sign it. A procurador is not needed.

• Notary: the usual choice. The notary turns your agreement into a public deed. The notary also checks that Spanish courts have jurisdiction.
• Court clerk: used when the couple is already before the court.

If you share property, divide it in the same agreement. You can do it at the same time as the divorce.

Agreed divorce in court

Both spouses (or one with the other's consent) file in the family court, or the first-instance court where there is no family court. You need a lawyer and a procurador, but you can share one lawyer and one procurador if you both agree.

The judge may ask you both to confirm the agreement in person. Where there are minor children, the prosecutor is heard. The judge approves the agreement by sentence unless it seriously harms the children or one spouse.

Contested divorce

One spouse files a claim (demanda). The other has 20 working days to reply. Each of you needs your own lawyer and a procurador. You cannot share.

After the reply there may be a preliminary hearing, then a trial with evidence, then a sentence. You can appeal it to the Audiencia Provincial. While the case runs, you can ask for interim measures (medidas provisionales) on who uses the home, custody and support.

Before most civil claims, including contested divorces with property or money claims, you must first try an out-of-court settlement (MASC). This does not apply to matters involving minors. Ask your lawyer whether it applies to your case.

Foreign couples

You can divorce in Spain as a foreign couple if Spanish courts have jurisdiction, for example because you live in Spain, and Spanish law applies, for example because you chose it. Your lawyer should confirm both points before you start.

Cost and help

Costs depend on the route and on how many lawyers you need. A shared lawyer in an agreed divorce costs less than two lawyers in a contested one. If your income is low, ask about free legal aid (justicia gratuita) before you hire anyone.

The documents, timeline, checklist and common questions are in the blocks below.

Notary, joint court and contested divorce in Spain compared

Which route is cheapest for you

The notary route is usually the cheapest and fastest, but only if you both agree and have no children who depend on you. If you have minor or dependent children, or you disagree, you go to court. A joint court divorce is the cheaper court option. A contested divorce is the most expensive.

Time and cost vary by court and region. Ask your local bar association for current fee guidance and get written quotes from two or three lawyers.

Notary or court clerk

Choose this if you agree on everything and have no minor or dependent children. The court clerk version is used when your case is already before a court. Otherwise the notary is the usual choice.

• Paperwork: the signed divorce agreement, your marriage certificate and your IDs. If you own property together, the agreement must also settle who gets what. You can do this at the same time.
• If one or both of you are foreign: the notary checks that Spanish courts can hear your case and that Spanish law applies. Living in Spain is the usual link, and choosing Spanish law can also be enough. Ask the notary this before you pay a lawyer.
• Watch for: the three-month wait does not apply where one spouse faces a risk to life, liberty or physical safety.

Joint court divorce

Choose this if you agree but have minor or dependent children. A judge and a prosecutor must review the terms for the children, so the notary is not an option.

• Paperwork: the marriage certificate, your children's birth certificates, the signed divorce agreement, and proof of income and property where relevant.

Contested divorce

This is the route when you cannot agree. One spouse files a claim, and the other has 20 working days to reply. A hearing with evidence follows, and then a ruling that either side can appeal.

• Temporary measures: while the case runs, you can ask the court for interim orders on who lives in the home, the children's care and support payments.
• Watch for: in disputes over property or money, you must usually try an out-of-court settlement before filing. This does not apply to matters involving children.
• Cost tip: if you can agree on most points, even late, you can often switch to a joint divorce and save money.

Property adds cost on any route

Dividing property adds notary and registry fees and taxes, whichever route you choose. Ask your lawyer for these costs up front.

Timeline and deadlines

• Earliest point you can divorce by notary or court clerk: at least three months after the marriage

• Your spouse replies to a contested divorce claim: within 20 working days of being served

• Preliminary hearing, trial and sentence in a contested case: after the reply, with the sentence open to appeal

Documents you need

• Marriage certificate, needed for both agreed and contested court divorces.

• Birth certificates of your children, if you have any.

• The signed agreement on your divorce terms (convenio regulador), prepared with a lawyer.

• Proof of income and property, where it is relevant to your case.

Checklist

• Check that you have no minor or dependent children, since the notary and court clerk routes are closed if you do.

• Confirm that you and your spouse agree on the divorce and the terms.

• Check that at least three months have passed since the marriage.

• Hire a lawyer to prepare and sign the agreement on your finances, children and home.

• Include any division of shared property in the same agreement.

• Choose the notary, court clerk or court route based on your children and whether you agree.

Frequently asked questions

Do we need a procurador to divorce at a notary?

No, a procurador is not needed for a notary divorce or a court clerk divorce. You do need a lawyer to prepare and sign the agreement on your finances and property. The notary then signs the public deed.

Can my spouse and I share one lawyer for an agreed divorce?

Yes, you can share one lawyer and one procurador in an agreed court divorce, as long as you both agree. In a contested divorce each of you needs your own lawyer and a procurador. Free legal aid is available if your income is under the set limits.

Can a foreign couple divorce in Spain at all?

Yes, a foreign couple can divorce in Spain if Spanish courts have jurisdiction, for example because you both live here, and Spanish law applies, for example because you chose it. Notaries check this before they accept your case. If you are not sure, ask a Spanish lawyer first.

How long does my spouse have to reply to a contested divorce claim?

Your spouse has 20 working days to reply once the claim is served. After that there may be a preliminary hearing, then a trial, and the sentence can be appealed. Before filing, you may need to try an out-of-court settlement first, except on matters involving children.