Fast Divorce in Spain: When Is an Uncontested Divorce Possible?

An uncontested divorce, the divorcio de mutuo acuerdo, is the simplest way to divorce in Spain. It is possible when both spouses agree on all the terms of the divorce. 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.

Requirements When is an uncontested divorce possible?

• Both spouses agree to divorce and on all the terms.
• At least three months have passed since the wedding.
• The Spanish courts or a Spanish notary can act, which normally depends on where the spouses live.

No reason for the divorce has to be given.

The convenio regulador What the spouses must agree on

• The family homeWho keeps the use of the family home, and what happens to it.
• The assetsHow the property and the other assets of the marriage are divided.
• MaintenanceAny compensatory payment between the spouses.
• The childrenCustody, time with each parent and child maintenance.

Notary or court Two routes

• Before a notaryWhen there are no minor children, the spouses can sign the divorce before a Spanish notary, assisted by a lawyer.
• Through the courtWhen there are minor children, the agreement is submitted to the court, the public prosecutor reviews it, and the judge approves it.

In both cases the spouses give their consent personally. We tell you at the start which route applies and what has to be done from abroad.

Frequently asked questions

Can one lawyer act for both of us?

In an agreed divorce the spouses can share a lawyer, or each have their own. We explain both options at the start.

What if we cannot agree?

Our family practice is limited to divorces by mutual agreement. Tell us the situation and we will tell you honestly whether an agreement looks possible.

We married abroad. Can we use this route?

Often, yes, if you live in Spain. We check jurisdiction first.

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: Contact our Divorce & Family Law

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.