Divorce Lawyer Spain for Australian Citizens | Family Law

Divorce Lawyer in Spain for Australian Citizens — Family Law for Australian Expats on the Costa Blanca

If you are an Australian national with a spouse in Spain, or you both reside in Spain, you have a clear legal route to divorce in Spain. Australia is not in the EU, so cross-border recognition operates via international private law and the Hague Convention. Our firm has been representing Australian expats in family law matters on the Costa Blanca since 1992.

Jurisdiction: Australia or Spain?

Australian divorce law applies where one spouse is an Australian citizen, ordinarily resident in Australia, or domiciled in Australia. If both spouses live in Spain, Spanish jurisdiction is typically more practical. We analyse both options based on residency, nationality and where the marital assets are located.

Mutual Consent Divorce in Spain for Australian Couples

Mutual consent divorce (mutuo acuerdo) is the fastest route in Spain: both spouses sign a Convenio Regulador (settlement agreement) covering custody, child support, spousal maintenance, and division of marital property. If there are no minor children, the divorce can be processed before a Spanish notary instead of court.

Recognition of Australian Divorce in Spain (and vice versa)

Australian divorce decrees require an exequatur procedure before a Spanish court for legal recognition in Spain. The decree must be apostilled under the Hague Convention and accompanied by a sworn translation into Spanish. Once granted, the Australian divorce is fully recognized in Spain. Spanish divorce decrees are equally recognized in Australia following the appropriate procedure under Australian family law.

Property Division and Spanish Assets

Spanish property division depends on the marital property regime (gananciales by default, separación de bienes for many international couples). The Convenio Regulador and the divorce decree are registered at the Spanish Land Registry. If the property is sold during divorce by non-resident Australian spouses, the 3% Modelo 211 retention applies on the sale price.

Children and Cross-Border Custody (Australia-Spain)

Spanish family courts apply the principle of best interests of the child and consider the child habitual residence. For Australia-Spain cross-border custody, the 1980 Hague Convention on International Child Abduction applies, providing the framework for parental responsibility and international child relocation matters.

Power of Attorney — Divorcing from Australia

Most Australian clients we represent complete their Spanish divorce remotely with a Power of Attorney signed before an Australian notary public, apostilled, and translated into Spanish. Our firm represents you before the Spanish court or notary. See our full Spanish divorce and family law service for Australian and other international clients.