Where can you divorce when spouses live in different countries?

Key rules

• First court wins: Between EU countries, the first court asked to decide the divorce goes ahead and the second one waits.
• Start date: The current EU rules apply to proceedings started from 1 August 2022.
• Court and law are separate: The court that hears your divorce and the law it applies are decided by different rules.
• Choosing the law: You and your spouse can agree which country's law applies, from a short list of options.
• Non-EU cases: If no EU ground applies, Spanish national rules decide whether a Spanish court can hear the case.

Two separate questions: which court, and which law

Divorce across borders raises two questions. The first is which country's courts can hear the case. The second is which country's law they apply to it. The answers can differ: a Spanish court may apply another country's divorce law.

Which court can hear your divorce

If the link is to an EU country, EU rules decide. These are known as Brussels IIb. They apply to proceedings started from 1 August 2022, and Denmark is not covered. The first court asked to decide goes ahead.

Under these rules the courts of an EU country can hear the divorce in any of these situations. They are equal alternatives, with no ranking between them:

• You both live there now.
• You both last lived there and one of you still does.
• Your spouse (the respondent) lives there.
• You file a joint application and either of you lives there.
• You are the applicant and have lived there for at least one year before filing.
• You are the applicant, have lived there for at least six months, and are a national of that country.
• You are both nationals of that country.

"Lives" here means habitual residence: where your life is really based, not a short stay.

If no EU ground applies, Spanish national rules decide. This is the case, for example, when a spouse lives in the UK or another non-EU country. Spanish courts can then hear the divorce in these situations:

• Your spouse lives in Spain.
• The applicant is Spanish.
• You both agree to submit to Spain.
• The applicant has lived in Spain for at least six months, depending on the case.

The exact conditions for the last two grounds depend on your facts, so ask a Spanish family lawyer to check them against your situation.

Which law the court applies

Spain applies the EU rules known as Rome III. They apply even when the law they point to belongs to a country outside the EU.

You can choose the law by agreement. You and your spouse may pick one of these:

• The law of the country where you both live when you agree.
• The law of your last shared home, if one of you still lives there.
• The law of either spouse's nationality.
• The law of the court hearing the case.

If you have not chosen, the court works down this list and uses the first that fits:

1. The law of the country where you both live when the case is filed.
2. The law of your last shared home, if you stopped living there less than a year before and one of you still lives there.
3. The law of your shared nationality.

If the chosen law does not allow divorce, the court applies its own law instead.

If both spouses file in different countries

This is called lis pendens: the same divorce is filed twice. Between EU countries, the first court asked keeps the case. The second court pauses its own case until the first decides whether it has jurisdiction. If it does, the second court steps aside.

With a non-EU country, a Spanish court may pause its case if the foreign court filed first and its decision would be recognised in Spain. This is not automatic, so a quick filing in Spain does not guarantee the case stays here.

Because the first filing matters so much, speak to a lawyer before your spouse files, not after. The what-if below covers that situation.

What to do next

• Work out where each of you has lived, and for how long, over the last year.
• Check whether you or your spouse hold a nationality that opens a ground.
• Decide whether a choice-of-law agreement would help you.
• Get advice on whether to file first, and where.

Choosing between options

Which rules decide where you can divorce

Which rules decide which court can hear your divorce and which law it applies?

• EU rules (Brussels IIb): Use these when the spouses are linked to EU countries other than Denmark and the case started on or after 1 August 2022. A court can hear the divorce if you both live there, you last lived there together and one of you still does, or your spouse lives there. It can also do so if either of you lives there and you apply jointly. Other grounds: you have lived there at least one year before filing, or at least six months if you are a national of that country. Both of you being nationals also works. All these grounds rank equally.

• Spanish national rules: Use these when no EU ground applies, for example when one spouse is from outside the EU or lives in the UK. Spanish courts can hear the case if you both live in Spain, you last lived there together and one of you still does, or your spouse lives in Spain. They can also hear it if the applicant is Spanish, you both agree to Spain, or the applicant has lived in Spain at least six months (depending on the case).

• Cases filed in two countries: Use this when your spouse has also started a divorce abroad. Between EU countries, the first court asked to decide goes ahead and the second court pauses, then steps aside once the first confirms it can hear the case. With a non-EU country, a Spanish court may pause only if the foreign court acted first and its decision would be recognised in Spain. This is not automatic.

Check the EU rules first. Spanish national rules apply only when no EU ground fits. If two courts are involved, the one asked first usually goes ahead. A Spanish court then applies the law you both chose in writing: the law of where you live, the nationality of either spouse, or Spanish law. Without a choice, it applies the law of where you live when the case is filed, then your last shared home if one of you still lives there and you left it less than a year ago, then your shared nationality, then Spanish law.

What if your spouse files for divorce in another country first?

Speed decides who gets to hear the case

If your spouse starts divorce proceedings abroad before you file, the country where the case was started first can end up deciding it. Two sets of rules matter: lis pendens (what happens when the same divorce is running in two countries) and recognition (whether Spain will accept a foreign judgment). Act fast, because the first filing often wins.

If the other country is in the EU

For proceedings started from 1 August 2022, the first court asked to decide goes ahead. The second court pauses its case until the first has confirmed it has jurisdiction. Then the second court steps aside. If you are in Spain and expect a filing elsewhere in the EU, filing in Spain first can keep the case here.

If the other country is outside the EU

There is no automatic first-come rule. A Spanish court may pause its case if the foreign court has acted first and its decision is likely to be recognised in Spain. Whether a pause applies depends on your facts, so ask a Spanish lawyer how it would work for you.

If you have been served with foreign papers

1. Check how and when you were served. Note the deadline the foreign court set. It is often short, and a late response can cost you your procedural rights.
2. Hire two lawyers. You need one in the country where the case was started and one in Spain.
3. Decide whether to challenge that court's jurisdiction. This must be done inside the foreign court's own rules.
4. Consider filing in Spain. Between EU countries, being first can decide the matter.
5. Think about recognition. Improper service is a ground for Spain to refuse a default judgment from abroad.

Why the choice of country matters

The outcome can differ a lot between countries. Spain allows divorce on demand, with no waiting period and no need to show fault. Spousal maintenance is not automatic. It is awarded only if the divorce leaves one spouse clearly worse off. Property follows the couple's marriage property regime, which varies by region. Courts in other countries, such as England and Wales, have much wider discretion over assets and maintenance. A spouse who files first often picks the system that suits them.

Quick answers on international family law in Spain

Does Spain recognise a same-sex marriage celebrated abroad?

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. Nationality does not matter. Civil unions or partnerships that the foreign country does not call marriage are treated differently.

Can I remarry in Spain after a foreign divorce?

Yes, you can remarry in Spain if your foreign divorce is valid and recognised in Spain and the earlier marriage is noted as dissolved. You will need a certificate of no impediment or marital status from your home country and the final divorce decree, often apostilled or legalised and translated. EU decisions are recognised automatically, while non-EU ones may need recognition by the registry or an exequátur, so ask the Registro Civil or notary handling your file.

Does a prenuptial agreement signed abroad count in Spain?

Generally yes, a prenuptial agreement that is valid where it was signed usually counts in Spain, but public-policy limits apply. To bind third parties or affect Spanish property, it may need to be formalised before a notary and registered. For couples who married or chose their law after 29 January 2019, spouses can choose the law of their habitual residence or nationality in a written, dated and signed agreement. Without a choice, the law of their first habitual residence after marriage applies.

What consent do I need from the other parent to take a child abroad?

You need the other parent's consent, or a court authorisation, to take a child abroad permanently. A short trip does not normally need a court order if neither parent has objected, but airlines and border officers often ask for a written authorisation from the other parent, ideally signed before a notary or at a police station, with a copy of their ID. If a custody judgment exists, its terms may restrict travel or require consent.