Divorce Lawyer Spain — English-Speaking Family Solicitor in the Costa Blanca

Are you an English-speaking expatriate divorcing in Spain, or a Spanish resident divorcing a foreign spouse? Tomas Ballestero Lawyers handles divorces by mutual agreement for international couples, from our office in Jávea and our associated office in Dénia, on the Costa Blanca. We work in English, French or Spanish, and in many cases you do not need to travel to Spain.

What we do Divorce by mutual agreement

Our family practice is limited to divorces by mutual agreement and other non-contentious matters.

• The convenio reguladorThe settlement agreement covering the family home, maintenance, the division of assets and, where there are children, the parenting arrangements.
• Divorce before a notaryPossible when both spouses agree and there are no minor children.
• Divorce through the courtWhen there are minor children, the agreed divorce is approved by the court, with the agreement reviewed by the public prosecutor.
• Recognition of a foreign divorceSo that a divorce granted abroad has effect in Spain, for example at the Civil Registry or the Land Registry.

Each spouse can be represented by their own lawyer.

Jurisdiction Can you divorce in Spain?

Under the EU Regulation 2019/1111 (Brussels IIb), the Spanish courts can hear a divorce if, among other grounds:

• both spouses are habitually resident in Spain;
• Spain was their last habitual residence and one of them still lives here;
• the spouses apply jointly and one of them is habitually resident in Spain;
• the applicant has lived in Spain for at least a year immediately before applying, or six months if they are a Spanish national.

This means that many British, American and other expatriate residents of Jávea, Moraira, Dénia, Altea, Calpe, Benissa and Benitachell can divorce in Spain even if they married abroad. Which law applies to the divorce, and to the property, is a separate question that we check at the start.

Property The house in Spain

When a couple owns a property in Spain, the agreement decides who keeps it, whether it is sold, and how the ownership is transferred. We prepare the deed for the notary and the registration at the Land Registry. Assets and pensions in other countries are a matter for an adviser there; we coordinate the Spanish side with them.

From abroad 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. If one of the two is unable to come to Spain, in some cases this can be arranged by means of a special power of attorney signed at a Spanish consulate or embassy. We’ll explain how. We also tell you which documents have to be apostilled and which need a sworn translation.

Frequently asked questions

What if we cannot agree?

Our practice covers agreed divorces only. If there is no agreement yet, tell us the situation and we will tell you honestly whether an agreement looks possible.

We married in the UK. Can we divorce in Spain?

Often, yes, if the jurisdiction rules above are met. We check this first, before any other step.

Which languages do you work in?

English, French and Spanish. Every document is explained to you before you sign.

How we work

From our office in Jávea and the associated office in Dénia we work across the northern Costa Blanca: Jávea, Dénia, Moraira, Teulada, Benitachell, Benissa, Calpe and Altea. See also divorce in Spain by mutual agreement.

Tomas Ballestero Lawyers has advised international clients for more than 30 years.

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

Selling the family home? See selling a property in Spain as a non-resident.

Related: divorce and family law services · British Divorce in Spain After Brexit · Divorce and Property Ownership in Spain · Uncontested divorce in Spain

How we meet In 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 step What 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 checked 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.