Divorce by Mutual Consent in Spain for American Citizens

Have you and your spouse agreed to divorce, and do you live in Spain or own property here? Tomas Ballestero Lawyers are independent Spanish lawyers who have advised international clients for more than 30 years, from our office in Jávea and our associated office in Dénia. We handle divorces by mutual consent only: when both of you agree on the terms, we prepare the agreement and complete the divorce under Spanish law.

Mutual consentA divorce you have both agreed

We only take on divorces where both spouses agree. If you have not yet reached an agreement on everything, we tell you so honestly at the start. One lawyer can act for both of you, or each of you can have your own lawyer.

Under Spanish law, a couple can apply for divorce once three months have passed since the wedding. The terms you have agreed are set out in a written agreement, the convenio regulador, which is what makes the divorce final and binding.

• The family homeWhether one of you keeps the home, you both keep it as co-owners, or it is sold and the proceeds shared.
• Property in SpainVillas, apartments or plots owned by one or both of you, and their registration after the divorce.
• ChildrenWhere the children live, the time they spend with each parent, and child support.
• Support between spousesWhether one spouse pays the other an amount, and on what terms, if you have agreed it.
• Bank accounts and other assetsHow the money and other assets you hold in Spain are divided.
• The signingBefore a Spanish notary or before the court, depending on your circumstances.

Notary or courtTwo ways to complete it

Before a notary. If you have no minor children, the divorce can be signed before a Spanish notary, with a lawyer assisting.

Before the court. If you have minor children, the agreement goes to the court, and the public prosecutor reviews the arrangements for the children before the judge approves them.

PropertyYour property in Spain

Many American couples divorcing here own a home in Spain. If the property belongs to both of you, you can keep it in joint ownership after the divorce, give it to one of you, or provide for its sale. After the divorce we register the change at the Land Registry. If the home is to be sold, we can also handle the sale: see our property lawyers for American clients.

What we doSpanish law only

We are Spanish lawyers and act on Spanish law only. We do not advise on United States law or taxation. Documents issued in the United States, such as your marriage certificate, usually need the Hague Apostille and a sworn translation into Spanish; we tell you exactly which ones are needed in your case.

Frequently asked questions

We married in the United States. Can we divorce in Spain?

In many cases, yes, particularly if one of you lives in Spain. We confirm whether the divorce can be done in Spain in your case before any work starts.

Do we need one lawyer or two?

One lawyer can act for both of you when you agree on everything. Each of you can also have your own lawyer if you prefer.

Do we have to travel to Spain?

Most of the preparation is done remotely. Spanish law requires each spouse to confirm the agreement personally, and we explain from the start how and where that can be done for you.

What if we do not agree on everything?

We handle divorces by mutual consent only. If there is no agreement on the terms, we tell you so at the start.

How we work

From our office in Jávea and the associated office in Dénia we work across the northern Costa Blanca. See also our pages for American clients on buying and selling property and inheritance in Spain.

Tomas Ballestero Lawyers has advised international clients on Spanish law for more than 30 years. We work in English, French and Spanish.

The lawyers who will handle your divorce

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

How we meetIn person in Jávea, or remotely

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

Remotely, from homeMost of the preparation is done by email, phone, WhatsApp and video call. Where Spanish law requires you to confirm the agreement personally, we tell you from the start how and where it can be done in your case.

How much do you charge?

Every case is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be agreed first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every case is different and you should take advice on your own circumstances before acting.