Divorce became legal in Spain in 1981. Since then, the divorce rate has been rising. Spain has a mid-range divorce rate in comparison to other European countries. Our skilled lawyers can assist you if you plan to file for a divorce or if you are currently going through a divorce in Spain.
In Spain, you eligible to file for a divorce if:
- You and/or your spouse are Spanish residents
- You and your spouse are Spanish nationals, regardless of residency (in the case of mutual divorce)
In Spain, it is not necessary to have a reason for a divorce. The only requirement is that the couple has been married for at least three months before filing for divorce. In special circumstances, such as proven danger to life or loss of sexual liberty, the three month rule may be waived.
Types of Divorce
Uncontested (Mutual) Divorce
In these cases, both parties agree to the divorce. Any of our knowledgable lawyers would be a valuable asset during an uncontested divorce case, considering there will be contracts covering child custody, alimony, other financial factors, and more that must be agreed upon. It is important to note that in uncontested divorces of couples with children, a Public Prosecutor controls the agreement. They check that everything is legal and in the best interest of the children involved. As long as there are no issues during the divorce process, uncontested divorces can usually be resolved within a few weeks.
Contested (Contentious) Divorce
On the other hand, there are cases in which only one spouse wants a divorce. These cases are typically longer and more difficult to resolve. If the two parties cannot agree on terms, lawyers must communicate and negotiate and could potentially need to use third party evidence in the process. The time span of these cases can range from a few months to more than a year.
Click on: Child custody
Click on: Alimony
Click on: Division of Assets
Click on: Divorce by mutual agreement
Our criminal lawyers can help you with your divorce case in Barcelona, Catalonia, Madrid or other areas of Spain.
Should you need further information, or legal advice, please do not hesitate to contact our lawyers.
Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant to your case, please contact our lawyers directly.