Family Law - Divorce in Spain

Family Law issues are much more sensitive and delicate than some other legal situations and when you need legal counsel, it is very important that your lawyer is in tune with your needs. It will be crucial that you have a strong legal support system with your best interests in mind. Whether you are undergoing an uncontested divorce or need to go to court to resolve your case, an family attorney or lawyer of De Micco & Friends will provide you with valuable support, guidance and legal representation every step of the way.

Divorce - a sensitive case

Family law somtimes is a complicated subject, and it is in your best interest to retain an attorney who can represent you in negotiations and in court, resolving the legal complexities, so you can focus on getting your family in order and preparing yourself for a new stage in your life.

Divorce in Spain - some basics

Getting a divorce in Spain is a relatively straightforward process provided both parties agree on the appropriate arrangements for children and assets. The divorce law in Spain is no-fault, meaning that it is not necessary to cite a reason in order to obtain a divorce. It only requires a petition from one of the spouses. Non-Spanish nationals can obtain a divorce in Spain if they or their spouse is a Spanish resident or a Spanish national.

Once the divorce is granted, the parties to the marriage can remarry legally. Both parties will immediately lose any marital inheritance rights and widow's pension rights, as well as those obligations directly derived from their marriage. In addition, any joint financial liabilities the couple has in relation to third parties are terminated. However, the divorced parents still keep their duties with regard to their children.

Where younger children are concerned, custody is awarded to the mother in most cases, unless there are factors that demonstrate this would not be in the best interest of the child. In recent years the courts have paid greater attention to considering awarding joint custody. If the couple agrees to share visitation rights the judge will take this into account.

Regarding the division of assets, the rules are affected by where the couple is living. In Catalonia, Aragon, Navarre, Balearic Islands and the Basque Country, ‘Separción de Bienes’ is the default system. This allows a couple to retain ownership of items that they brought with them into the marriage. Where joint purchases were made during the marriage they are divided according to the contribution made by each party. Court rulings have also attributed a financial value to non-financial contributions, such as doing domestic chores or raising children. In the other Spanish regions, ‘Sociedad de Gananciales’ applies, where all assets acquired during the marriage are considered to belong to both spouses equally, unless they are ‘private goods’. Dual ownership would apply to rental income, businesses and goods bought via installments from the ‘matrimonial pot’.

You may get divorced in Spain only if you comply with any of the following requirements:

  • If you and your spouse are Spanish residents at the time of filing for divorce.
  • If you and your spouse are Spanish nationals, in case of divorce by mutual agreement, wherever you are located.
  • If you are the plaintiff and are a Spanish national and living in Spain.
  • If you are the defendant and are a Spanish resident (regardless of your nationality)

Not only divorce - mediation

Relationship breakdown or divorce is a stressful and emotional time. Important decisions have to be made about your future, your children and finances. Our specialist family and divorce lawyers will help you decide what are the best ways - personally, legally and financially - for you and your family. With in depth expertise in dealing with national and international separations, divorces and breakdowns of civil partnerships you can be sure get the best support.

We can help not only with divorce and separation, but also with other family law issues such as pre-marital agreements, matrimonial regimes, mediation, custody & maintenance, child abduction and agreements for couples who live together outside of marriage. Our experienced lawyers are used to working with attorneys from other countries and jurisdictions and regularly provide advice on Spanish family law matters. Our lawyers can provide advice on all family law relatet matters.

De Micco & Friends family lawyers represent you in each steps of a divorce process. Each case is different and needs individual support of an experienced family lawyer.

Please contact us for any further information.