LEGAL SERVICES

Family Law

Divorce

Contested divorce in Spain

As an English-speaking Family Lawyer based in Málaga, I advise and represent international clients in divorce, separation, child custody and maintenance, matrimonial property, recognition of foreign judgments and other family law matters involving Spain.

Family disputes can become particularly complex when spouses or parents have different nationalities, live in different countries, hold assets abroad or when a decision issued in one country must produce legal effects in another. With more than 30 years of legal practice in Málaga and extensive experience before the Spanish Courts, I provide direct and strategic legal advice throughout the proceedings.

Whether you are considering divorce in Spain or have already received a claim, I will assess jurisdiction, the applicable legal framework and the personal and financial issues involved before determining the appropriate strategy for your case.

My services include:

  • Initial legal assessment of your circumstances, including jurisdiction and the issues that may arise in Spain.
  • Filing divorce proceedings or responding to proceedings brought before the Spanish Courts.
  • Obtaining Certificates of Foreign Law when required.
  • Negotiating and drafting settlement agreements with a view to resolving the proceedings by mutual consent.
  • Child custody, parental responsibility and contact arrangements.
  • Child maintenance, spousal maintenance, financial compensation and other financial consequences of divorce.
  • Division and liquidation of matrimonial assets and jointly owned property.

Uncontested divorce in Spain

Where both spouses are able to reach an agreement, I can handle the entire uncontested divorce process in Spain, including cases involving international couples or a spouse living abroad.

My services include:

  • Negotiating and drafting a comprehensive divorce agreement that meets your needs in every financial and personal aspect of the case.
  • Filing the necessary paperwork with the Spanish court to obtain the divorce.
  • Providing expert advice throughout the process, ensuring a smooth transition.
  • Where legally possible, the matter can be handled remotely and representation may be arranged by means of a power of attorney granted in your country of residence, before a Spanish Consulate or before a Notary Public.
  • Handling the transfer of assets according to the terms of your agreement.

Recognition of Foreign Divorces in Spain

If you obtained a divorce in another country and need that decision to produce legal effects in Spain, it may be necessary to have the foreign divorce recognised or registered before the competent Spanish authorities.

The procedure depends on several factors, including the country in which the divorce was granted, the date of the decision and the purpose for which recognition is required in Spain.

I advise international clients on the appropriate procedure and handle the necessary steps before the Spanish authorities and Courts where required.

Prenuptial and Postnuptial Agreements in Spain

The matrimonial property regime applicable to a marriage can have significant consequences for the ownership and division of assets, particularly in international marriages.

Depending on the circumstances, spouses may be able to regulate or modify their matrimonial property arrangements through a prenuptial or postnuptial agreement (capitulaciones matrimoniales).

After assessing your personal circumstances, nationality, residence and existing assets, I can advise on the appropriate legal framework and, where applicable, draft the agreement for execution before a Spanish Notary and subsequent registration.

It’s important to note that this agreement can also be executed post-marriage, referred to as a post-nuptial agreement.

And of course I also advise international couples on the legal requirements and formalities involved in getting married in Spain.

Child Custody and Maintenance in Spain

When parents separate, arrangements may need to be made regarding child custody, parental responsibility, contact with each parent and financial support. Where parents cannot reach an agreement, these issues may need to be determined by the Spanish Courts.

International cases require particular attention to jurisdiction, the child’s habitual residence and any cross-border implications. I advise and represent parents in negotiations and Family Court proceedings in Spain, always taking into account the best interests of the child.

As an experienced Family Law professional, I will work diligently to protect your child’s rights. My commitment is to get the best possible outcome in every particular case.

My services include:

  • Drafting comprehensive parenting plans tailor-suitored to your child’s needs and circumstances.
  • Negotiating child’s custody and support agreements.
  • Representing clients in Family Court proceedings in Spain.

Enforcement of Child and Spousal Maintenance in Spain and Abroad

A maintenance order is only effective if it can be enforced. I advise and represent clients seeking enforcement of child or spousal maintenance orders in Spain, including cases with an international dimension.

Where the debtor or their assets are located abroad, the available enforcement mechanisms depend on the countries involved and the applicable international or European legal framework. I can assess the appropriate route and, where necessary, coordinate with lawyers or authorities in other jurisdictions.

Protecting the rights of children and ensuring that they receive the financial support they are entitled to, is one of my greatest gratifications as a Lawyer.

Modification of Child Custody and Maintenance Orders

A substantial change in personal, family or financial circumstances may justify seeking a modification of an existing custody, contact or maintenance order.

This may arise, for example, following a significant change in income, the needs of a child, relocation to another country or other circumstances affecting the arrangements originally approved by the Court.

The modification can be made by an agreement to be approved by the Court, or, if there is no agreement, by a Court judgment following litigation between the parents.

In this area, I can provide you with the legal expertise you need.

I have a deep understanding of the complex legal issues involved in custody and support modifications, specially when an international dimension is involved. I am skilled at negotiating settlements and representing clients in Court proceedings, and I will work tirelessly to achieve the best possible outcome for your children and for you.

Paternity and Parentage Proceedings in Spain

Questions concerning the establishment or challenge of parentage may involve complex issues of jurisdiction and applicable law, particularly where the parents or child have different nationalities or reside in different countries.

I advise and represent clients in proceedings to establish or challenge paternity in Spain, including the coordination of scientific testing and representation before the Spanish Courts where they have jurisdiction.

I have successfully represented clients in a wide range of paternity matters, from establishing paternity to challenging disputed claims. My in-depth knowledge of family law and the legal process ensures that you receive the highest level of representation and advice. 

International Child Abduction and Hague Convention Proceedings

International child abduction may arise when a child is wrongfully removed from, or retained outside, their country of habitual residence in breach of another person’s rights of custody.

These cases require urgent and specialised legal action. I advise and represent parents in international child abduction proceedings involving Spain, including cases governed by the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Whether you are seeking the return of a child to their country of habitual residence or responding to an application for return in Spain, I will assess the applicable international legal framework and provide representation throughout the proceedings before the Spanish Courts. Where necessary, I also coordinate with lawyers, Central Authorities and other professionals in different countries.

Given the time-sensitive nature of international child abduction cases, obtaining legal advice at the earliest possible stage is essential to protect your rights and the interests of the child.

Family Law FAQ`S

Can foreigners get divorced in Spain?

You do not need to be a Spanish national to obtain a divorce in Spain. Whether the Spanish Courts have jurisdiction depends on the circumstances of the case, including factors such as the spouses’ habitual residence, their last habitual residence, the defendant’s habitual residence and, in certain cases, nationality and the length of residence in Spain.

In international divorces, jurisdiction should therefore be assessed before proceedings are commenced.

  • Mutual Agreement Divorce: Both spouses agree on the terms (division of assets, child custody, spousal support, etc.). This is faster, less expensive, and usually requires only one court appearance.
  •  Contested Divorce: Spouses cannot agree on terms, so a judge must decide on matters such as asset division, custody, and support. This process can be lengthy and more costly, involving multiple court hearings.

There is no standard duration for divorce proceedings in Spain. An uncontested divorce is generally completed more quickly than a contested divorce, but the time required depends on the circumstances of the case, whether children or complex financial issues are involved and the workload of the competent Court.

In international cases, additional time may also be required where foreign documents, service abroad or cross-border issues are involved.

Not necessarily. Whether you can file for divorce in Spain depends on the jurisdictional rules applicable to your particular circumstances.

Spanish Courts may have jurisdiction on several grounds, including the spouses’ habitual residence, their last habitual residence where one spouse still lives there, the defendant’s habitual residence, or the applicant’s habitual residence subject to certain residence requirements. Spanish Courts may also have jurisdiction where both spouses are Spanish nationals.

In an international divorce, jurisdiction should therefore be assessed before proceedings are commenced.

Child custody in Spain is decided based on the best interests of the child. Courts may grant:

  • Joint custody, where both parents share responsibilities.
  • Sole custody, where one parent is the primary caregiver, and the other has visitation rights. 

The court will consider factors such as the child’s age, parental living conditions, and the ability of each parent to care for the child.

Possibly, but this requires a case-specific assessment. The Spanish Courts must have jurisdiction to deal with the matter, and the recognition or effectiveness in Spain of the existing foreign decision may also need to be considered. Different rules may apply depending on the country in which the original order was made and on whether the matter concerns parental responsibility or maintenance.

There is no single fixed statutory percentage for calculating child maintenance in Spain. The amount is determined according to the circumstances of each case, taking into account the children’s needs and the financial means and circumstances of the parents.

The Spanish General Council of the Judiciary provides indicative calculation tools, but these are not binding on the Court.

Yes, either parent can request a modification of the child support or custody arrangement if there is a significant change in circumstances (e.g., income changes, relocation, or changes in the child’s needs). This requires filing a request with the court, which will review and decide based on the best interests of the child.

A marriage celebrated abroad may be registered in the Spanish Civil Registry where at least one of the spouses is a Spanish national, including where a spouse acquired Spanish nationality after the marriage was celebrated.

The registration procedure requires evidence of the foreign marriage and verification that it meets the legal requirements for recognition under Spanish law. Depending on the country in which the marriage was celebrated, foreign documents may need to be legalised or apostilled and officially translated into Spanish.

If both spouses are foreign nationals, their marriage is not generally registered in the Spanish Civil Registry simply because they live in Spain. However, the foreign marriage may still be recognised and produce legal effects in Spain when relevant to a particular legal or administrative matter.

In many cases, yes, but the procedure depends on the country in which the divorce was granted and the applicable international or European rules. Divorces granted in other EU Member States are generally recognised in Spain without the need for a separate recognition procedure, subject to the applicable EU legislation. For judgments from other countries, a formal recognition procedure (exequatur) may be required.

I can assess the appropriate procedure and the documentation required in your particular case.

Can paternity be established or challenged before the Spanish Courts in an international case?

It may be possible, but jurisdiction and applicable law must be determined according to the particular circumstances of the case. Parentage proceedings involving different nationalities or countries require a specific private international law analysis before proceedings are commenced.

International child abduction cases require urgent legal action. Where a child has been wrongfully removed from or retained outside their country of habitual residence in breach of custody rights, international mechanisms, including the 1980 Hague Convention where applicable, may provide a procedure for seeking the child’s return. If Spain is involved, obtaining legal advice immediately is particularly important because these proceedings are time-sensitive.

To relocate with your child, you need either:

  • Consent from the other parent or,
  • Court approval, if the other parent objects. 

The court will consider the best interests of the child, including the impact of the move on the child’s well-being and the relationship with the non-custodial parent.

The division of matrimonial assets depends on the matrimonial property regime applicable to the marriage. In international marriages, determining the applicable regime may require consideration of the spouses’ nationality, habitual residence, the date and place of the marriage and any valid matrimonial property agreement.

Under Spanish law, common matrimonial property regimes include the community property regime (sociedad de gananciales) and separation of property (separación de bienes), although Spain also has regional civil-law systems with their own rules.

The applicable matrimonial property regime should therefore be determined before assessing how assets will be divided following divorce.

Spousal support (alimony, known in Spain as pensión compensatoria) can be granted if one spouse is financially dependent on the other. The amount and duration depend on factors such as:

  • The length of the marriage.
  • The financial situation of each spouse.
  • The contributions made by each spouse during the marriage (e.g., child-rearing or managing the household). 

It is not automatic and must be requested by the spouse seeking support. Whether compensatory maintenance is appropriate, and whether it should be temporary or indefinite, depends on the circumstances of the particular case.

Foreign nationals may be able to marry in Spain provided that the applicable legal requirements are met. The procedure and documents required depend on the circumstances of the couple, including their nationality, residence and the type of marriage to be celebrated.

Foreign documents may need to be officially translated into Spanish and, depending on the country and the document concerned, legalised or apostilled.

I can advise international couples on the requirements and documentation applicable to their particular circumstances.

Jurisdiction over parental responsibility is determined separately from jurisdiction over divorce. In international cases, the child’s habitual residence is generally a key factor, although specific exceptions and rules may apply. 

It is therefore possible for questions concerning divorce and parental responsibility to require separate jurisdictional analysis.

Yes, prenuptial agreements (capitulaciones matrimoniales) are legal in Spain and must be executed before a notary. The agreement allows couples to decide on property rights and financial arrangements in the event of divorce, overriding the default marital property regime. It can also be used after the marriage, to change from community property to separation of property, or vice versa.

In many cases, yes. The procedure depends on the country in which enforcement is sought and on the applicable European or international rules. Within the European Union, specific rules facilitate the recognition and enforcement of maintenance decisions. Cases involving other countries may be governed by international conventions or domestic law.

Yes, foreigners residing in Spain can adopt, but they must meet the same requirements as Spanish nationals. Adoptions must be approved by the local authorities, and the process involves background checks, home studies, and legal procedures. Spain also participates in international adoptions, following The Hague Convention guidelines.

CALL ME

DISCUSS YOUR FAMILY LAW MATTER DIRECTLY WITH AN ENGLISH-SPEAKING LAWYER

If you are facing a divorce, child custody or maintenance issue, need advice on the recognition or enforcement of a foreign decision, or are dealing with another family law matter involving Spain, you can discuss your circumstances directly with me.

 I provide personal and confidential legal advice to international clients from my office in Málaga (by appointment only) and by video consultation. 

I am Raquel Yepes, an English-speaking lawyer with more than 30 years of legal practice in Málaga and a member of the Málaga Bar Association (Member no. 2980).

Independent legal advice for international clients.

Consultation fee applies.

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