Divorce in Spain by Mutual Agreement for Expats

Yes, you can divorce in Spain as a foreigner if either spouse is habitually resident here. Much of the work can be done remotely; where Spanish law requires each of you to confirm the agreement personally, we explain from the start how and where it can be done. We deal with jurisdiction under the EU rules and with the agreement on the children, maintenance and the division of Spanish property, in plain English.

Mutual agreement only. Our family practice is limited to mutual-agreement divorces and non-contentious matters: the regulatory agreement, divorce before a notary (only when there are no minor children), and recognition of foreign divorces. Each spouse can be represented by their own lawyer.

As lawyers for international clients, we guide you through every step, ensuring your divorce is handled correctly under Spanish law while considering your international circumstances.

What we doOur Divorce and Family Law Services

Mutual Agreement Divorce (Divorcio de Mutuo Acuerdo)

The fastest and most cost-effective option when both spouses agree on the terms.

• Drafting of the regulatory agreement (convenio regulador)
• Agreement on child custody and visitation
• Division of assets and property
• Maintenance and financial arrangements
• Court submission and completion

Divorce before a notary

When there are no minor children and you agree on everything, the divorce can be signed before a Spanish notary, without going to court.

• Only when there are no minor children
• Signed together with the convenio regulador

If you live outside Spain

Much of the work can be done remotely, by email, phone and video call. Where Spanish law requires each of you to confirm the agreement personally, before the notary or the court, we explain from the start how and where it can be done in your case.

• Preparation by email, phone and video call
• Which documents need an apostille and a sworn translation
• Personal confirmation where the law requires it, explained from the start

International & Cross-Border Divorce

We specialise in divorces involving multiple nationalities and jurisdictions.

• Jurisdiction analysis — where to divorce
• Applicable law — which country’s law applies
• Recognition of foreign divorces in Spain
• Coordination with lawyers in other countries
• EU Regulation on matrimonial matters

Division of Assets & Property

The agreement sets out how the assets located in Spain are shared, and we coordinate with advisers abroad for assets elsewhere.

• Spanish property division
• Bank accounts and investments
• Business interests
• Pension rights
• Debts and liabilities

Child Custody & Visitation Rights

The agreement sets out parental responsibility, custody and visits, including in cross-border situations.

• Sole and joint custody arrangements
• Visitation schedules
• Child maintenance (pensión de alimentos)

Why usWhy Choose Tomas Ballestero Lawyers?

• 30+ years experienceDeep knowledge of Spanish family law
• English-speaking lawyersClear communication, no misunderstandings
• International clientsExperience with cross-border divorces
• Practical solutionsFocus on efficiency and results
• Remote workMuch of it is done by email, phone and video call
• Local officeBased in Jávea
• 5.0 on GoogleOne of the best rated law firms on the Costa Blanca

How we workThe Divorce Process in Spain — Step by Step

• Initial ConsultationWe analyse your situation, explain your options and tell you the next steps.
• DocumentationWe gather all necessary documents: marriage certificate, financial information, property details, and information about children.
• The agreementWe prepare the convenio regulador with both of you, or with your spouse’s lawyer, covering the children, the assets and maintenance.
• Court or notaryWe file the joint petition together with the convenio regulador. For mutual agreement divorces this is usually a single hearing. Only couples without minor children can sign before a notary instead; if there are minor children, the divorce must go through the Family Court, even when both spouses agree.
• Divorce DecreeThe court issues the divorce decree (sentencia de divorcio). We handle registration and any follow-up matters.

Where we workAreas We Cover

We provide divorce and family law services throughout Costa Blanca and Valencia:

Costa Blanca North: Javea / Xàbia · Denia · Moraira · Benissa · Altea

Valencia Region: Valencia city · Gandía · Oliva

Who we helpWho We Help

We regularly assist:

• British expats divorcing in Spain
• Irish clients with family law matters
• American and Canadian citizens living in Spain
• British, French and other international clients
• Mixed-nationality couples
• Clients living abroad needing divorce in Spain

InternationalDivorce Lawyer in Spain for International and Expat Couples

If you are a foreign resident divorcing in Spain, the process differs from your home country and the first question is often which country’s law applies. Under EU rules (Brussels II ter), where there is an international element, jurisdiction and applicable law depend on residence and nationality. We advise British, Dutch, Belgian, French and other foreign couples on divorce, child custody and the division of assets located in Spain, and we handle the agreed divorce before the Spanish notary or court in plain English.

Family-law matters often overlap with other areas: the transfer of jointly owned property is handled by our property lawyers on the Costa Blanca, and wills or succession questions after a separation by our inheritance and wills team. Contact us to discuss your situation in confidence.

QuestionsFrequently asked questions about divorce in Spain

Can a foreign national get divorced in Spain? Yes. If either spouse is habitually resident in Spain, or if both spouses agree, Spanish courts can grant the divorce — regardless of nationality. We act for British, French and other EU residents across Valencia and the Costa Blanca.

Which court has jurisdiction over my divorce in Valencia or the Costa Blanca? Usually the Juzgado de Primera Instancia of your last common domicile (Denia, Javea, Alicante or Valencia city). For cross-border situations, Regulation (EU) 2019/1111 (Brussels II ter) often applies. We assess jurisdiction at the start, before any other step.

Do I need my foreign marriage certificate translated and apostilled? Usually yes — a sworn translation into Spanish plus Apostille (Hague Convention) or equivalent legalisation. We can also assist you in French if you prefer. We handle the full bundle for you.

How much does a divorce cost in Spain? The cost depends on the complexity of your case: children, property and whether the divorce is signed before a notary or approved by the court. We give you a clear written quote before you commit, so you know exactly where you stand.

Can I get a divorce in Spain if I married abroad? Yes. If either spouse is a Spanish resident or has habitual residence in Spain, Spanish courts have jurisdiction to grant a divorce regardless of where the marriage took place.

What is the difference between mutual consent and contested divorce in Spain? Mutual consent divorce is filed jointly by both spouses with a signed settlement agreement called Convenio Regulador. It is faster and avoids court litigation. A contested divorce, where the spouses disagree on custody, support or property, requires a full court process; our practice is limited to divorces by mutual agreement. Our firm handles mutual consent divorces only.

What is EU Regulation 2019 1111 Brussels II ter and how does it affect international couples in Spain? Brussels II ter is the EU regulation governing cross-border family law within the EU since August 2022. It determines which EU country has jurisdiction to grant a divorce, automatic recognition of EU divorce decrees in all member states without exequatur, and rules on parental responsibility for children.

Will my UK divorce decree be recognized in Spain after Brexit? Yes, but no longer automatically. Post-Brexit UK divorce decrees require an exequatur procedure before a Spanish court for legal recognition in Spain. This is necessary if you want to remarry in Spain, update your civil status at the Spanish Civil Registry, or rely on the divorce for property division of Spanish assets.

Will my US divorce decree be recognized in Spain? Yes, US divorce decrees are recognized in Spain via the exequatur procedure before a Spanish court. The decree must be apostilled under the Hague Convention and accompanied by a sworn translation into Spanish. The procedure can be handled by Power of Attorney without travelling to Spain.

What happens if my spouse and I live in different countries? Cross-border divorce is determined by jurisdiction rules. EU couples follow Brussels II ter, non-EU follow international private law. The first court legitimately seized typically retains jurisdiction. Many cross-border divorces are resolved by mutual consent in Spain when one spouse resides here.

Do I have to travel to Spain? Not for everything. Much of the work can be done remotely. Where Spanish law requires each of you to confirm the agreement personally, we explain from the start how and where it can be done in your case.

What is the Convenio Regulador settlement agreement and what does it cover? The Convenio Regulador is the legal settlement agreement governing the divorce in Spain. It must cover parental responsibility and custody, child support, spousal maintenance if applicable, division of marital assets including Spanish property, use of the family home, and any pension arrangements.

How is Spanish property divided during a divorce? Spanish property division depends on the marital property regime. The default in most of Spain is gananciales community of acquests, but separacion de bienes is common when one spouse is foreign. The property division is documented in the Convenio Regulador and registered at the Spanish Land Registry. If the property is sold during divorce, the non-resident retention (Modelo 211) applies to the sale price for non-resident sellers.

Can divorce be done at a notary instead of court in Spain? Yes, since 2015 mutual consent divorces with no minor children can be processed before a Spanish notary instead of court, signing the divorce deed and Convenio Regulador. This route is faster than the court route. If there are minor children, the divorce must go through the Family Court of First Instance, even when both spouses agree.

Do you handle exequatur for foreign divorce decrees in Spain? Yes. We file exequatur procedures before Spanish courts to obtain official recognition of foreign divorce decrees from the UK, USA, Australia, Canada and non-EU countries. The procedure requires the apostilled foreign decree, sworn translation, and a court application. Once granted, the foreign divorce is fully recognized in Spain.

Related pagesSee also

• English-speaking divorce lawyer in Spain
• Divorce lawyer in Spain for American citizens
• Spanish wills and inheritance
• Property lawyers

Disclaimer. The information on this page is general in nature and does not constitute legal advice. Every property and every transaction is different, and the applicable rules may change. No decision should be taken on the basis of this page alone without obtaining advice on your specific case. Tomas Ballestero Lawyers accepts no liability for actions taken in reliance on this general information.