Divorce in Spain
- General information
- Types of divorce
- Effects of divorce
- Legal requirements to get divorced in Spain
1. General information
A petition for divorce, as well a a petition for separation, can be filed with the court on the following grounds:
- The spouses may divorce by mutual agreement when they have been married for 3 full months.
- Whenever the spouses ask the judge for a divorce order, a proposal of governing convention shall be attached to the petition.
- One of the spouses files a petition for judicial separation after having been married for 3 full months. It is not necessary to wait for this delay when there is a proved danger for life, physical integrity, liberty, moral integrity or sexual liberty or indemnity of the petitioner.
It is not necessary to have been legally separated for a certain period of time to be able to file for divorce, as it used to be before the amendment of the relevant legislation.
The above is just general legal information. You should consult a Spanish lawyer for legal advice on a specific situation or regarding a particular set of facts.
2. Types of divorce
a) Uncontested divorce
The court procedure to get divorced by mutual agreement is quick and simple. The petition for divorce shall be filed together with the governing convention.
b) Contested divorce
In this case the divorce petition is filed by only one of the parties to the marriage.
The court procedure is long and complex.
Depending on the circumstances, before starting the divorce procedure, provisional measures may be set up in order to make property settlement, child custody, spousal support and alimony arrangements.
3. The effects of the divorce
Once the divorce is granted, the parties to the marriage can remarry legally. The parties will get immediately extinguished their initial inheritance and widow’s pension rights, as well as those obligations directly derived from their marriage.
The divorced parents still keep their duties with regard to their descendants.
4. Legal requirements to get divorced in Spain
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, being Spanish national and resident in Spain.
- If you are the defendant, being Spanish resident and regardless of your nationality.