Over 30 Years Assisting English-Speaking Clients with Divorce and Family Law Matters in Spain
Clear Legal Guidance for Child Custody, Maintenance and Financial Settlements
We Represent Foreign Clients in Spain — Including POA Support if You Live Abroad
English-Speaking Divorce Lawyers for Expats and International Clients in Spain
Are you facing a divorce in Spain? Divorce and family law matters in Spain can be complex, especially when they involve different nationalities, children, property in multiple countries, or spouses living abroad.
At Tomas Ballestero Lawyers, we have been helping international clients for over 30 years with divorce and family law matters in Spain. Our English-speaking lawyers provide clear, practical legal guidance to protect your rights, your assets and your family.
📞 +34 965 792 946 | 📱 +34 607 320 768 (WhatsApp)
Why Divorce in Spain is Different
Divorce in Spain involves specific legal procedures, court requirements and timelines that differ significantly from the UK, Ireland or other countries. Key issues include:
Common challenges for international clients:
- Which country has jurisdiction over your divorce?
- Which law applies — Spanish, British, or another?
- How are assets in different countries divided?
- What happens with child custody when parents live in different countries?
- How do you proceed if you cannot travel to Spain?
As specialist international divorce lawyers, we guide you through every step, ensuring your divorce is handled correctly under Spanish law while considering your international circumstances.
Our 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
Timeline: Typically 2-3 months when both parties agree.
Contentious Divorce & Court Proceedings
When agreement is not possible, we represent you in Spanish courts to protect your rights.
✅ Full court representation
✅ Protection of your financial interests
✅ Child custody litigation
✅ Asset division disputes
✅ Enforcement of court orders
Express Divorce in Spain
For couples without children or shared assets, we offer fast-track divorce procedures.
✅ Quickest legal resolution
✅ Minimal documentation required
✅ Completed in weeks, not months
Child Custody & Visitation Rights
We advise on all aspects of parental responsibility, especially in cross-border situations.
✅ Sole and joint custody arrangements
✅ Visitation schedules
✅ International relocation cases
✅ Child maintenance (pensión de alimentos)
✅ Parental abduction prevention
Division of Assets & Property
We ensure fair division of all assets located in Spain and coordinate with assets abroad.
✅ Spanish property division
✅ Bank accounts and investments
✅ Business interests
✅ Pension rights
✅ Debts and liabilities
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
Divorce via Power of Attorney
If you live abroad and cannot travel to Spain, we can handle your entire divorce remotely.
✅ Full representation via Power of Attorney (POA)
✅ Court attendance on your behalf
✅ Document signing and submission
✅ No need to travel to Spain
Real Examples from Our Practice
🇬🇧 British Couple Divorcing in Spain
A British couple who had been living in Jávea for 10 years decided to divorce. They owned a villa in Spain and had two children in local schools.
Challenge: Both wanted to stay in Spain but disagreed on custody and property division.
Our solution: We negotiated a mutual agreement that gave shared custody with the children primarily residing with the mother, and a fair division of the property. The divorce was completed in 3 months without contentious court proceedings.
🇮🇪 Irish Client with Spouse in Ireland
An Irish woman living in Dénia wanted to divorce her husband who had returned to Ireland. She was unsure which country had jurisdiction.
Challenge: Determining whether to divorce in Spain or Ireland, and which law would apply.
Our solution: We analysed the EU regulations and determined that Spain had jurisdiction as her habitual residence. We handled the divorce in Spain and coordinated with an Irish solicitor for asset division in Ireland.
🇺🇸 American Relocating with Children
An American mother wanted to return to the USA with her children after divorcing her Spanish husband.
Challenge: Spanish courts are very protective of children’s rights to maintain contact with both parents. International relocation requires court approval.
Our solution: We prepared a strong case demonstrating the move was in the children’s best interests while guaranteeing extensive visitation for the father. The court approved the relocation with detailed custody arrangements.
🇳🇱 Dutch-Spanish Couple — High-Value Assets
A Dutch-Spanish couple with properties in Spain, the Netherlands and France needed to divorce after 20 years of marriage.
Challenge: Complex asset division across three countries and disagreement over the family business.
Our solution: We coordinated with lawyers in the Netherlands and France, achieved a negotiated settlement on the Spanish assets, and protected our client’s share of the business. Total process: 8 months.
🇩🇪 German Client — Remote Divorce via POA
A German client living in Munich needed to divorce in Spain where the marriage had been registered and where they owned an apartment.
Challenge: Client could not travel to Spain for work reasons.
Our solution: Using Power of Attorney, we handled the entire divorce remotely — court appearances, document signing, and property transfer. The client never had to leave Germany.
🏠 Property Division After Long Marriage
A British couple divorcing after 25 years had accumulated significant assets: a villa in Moraira, apartments in Benidorm, and investments in the UK.
Challenge: Complex valuation and division of assets, plus pension rights.
Our solution: We obtained independent valuations, negotiated a fair split of Spanish assets, and coordinated with UK solicitors for pension sharing orders. Our client received 55% of total assets.
👨👩👧 Custody Dispute — Father’s Rights
A British father was concerned about losing contact with his children after his Spanish wife filed for divorce and full custody.
Challenge: Mother alleged the father was an unfit parent and requested sole custody.
Our solution: We presented evidence of the father’s involvement in the children’s lives and secured a joint custody arrangement with equal time. The children now spend alternate weeks with each parent.
💰 Non-Payment of Child Maintenance
A divorced mother in Valencia was not receiving the court-ordered child maintenance from her ex-husband.
Challenge: Ex-husband claimed he couldn’t afford to pay despite having a good income.
Our solution: We initiated enforcement proceedings, obtained a court order to garnish his salary, and recovered 18 months of unpaid maintenance plus interest.
What Our Clients Say
⭐⭐⭐⭐⭐ 72+ Five-Star Reviews on Google
“I highly recommend Tomas for anyone needing legal support in Spain. They guided me expertly through both a property purchase and a divorce, showing deep knowledge of Spanish law, attention to detail, and clear communication throughout. Reliable, efficient, and trustworthy — an excellent choice for expats or locals alike.” — Lisa D., United Kingdom
“Professional and knowledgeable expert. Highly recommended.” — C. Arkesteijn, Netherlands
“Attentive, honest and clear. Exactly what you look for in a lawyer.” — Nina K., Belgium
“A very personal service and advised me very well abroad!” — Liam S., Germany
Why Choose Tomas Ballestero Lawyers?
| What We Offer | What This Means for You |
|---|---|
| 30+ years experience | Deep knowledge of Spanish family law |
| English-speaking lawyers | Clear communication, no misunderstandings |
| International specialists | Experience with cross-border divorces |
| Practical solutions | Focus on efficiency and results |
| Power of Attorney available | No need to travel to Spain |
| Local offices | Based in Jávea and Valencia |
| 72+ five-star reviews | The best-rated law firm on the Costa Blanca |
The Divorce Process in Spain — Step by Step
Step 1: Initial Consultation
We analyse your situation, explain your options, and advise on the best strategy for your case.
Step 2: Documentation
We gather all necessary documents: marriage certificate, financial information, property details, and information about children.
Step 3: Negotiation (if mutual agreement)
We negotiate with your spouse’s lawyer to reach a fair settlement on custody, assets and maintenance.
Step 4: Court Proceedings
We file the divorce petition and represent you in court. For mutual agreement divorces, this is usually a single hearing.
Step 5: Divorce Decree
The court issues the divorce decree (sentencia de divorcio). We handle registration and any follow-up matters.
Areas We Cover
We provide divorce and family law services throughout Costa Blanca and Valencia:
Costa Blanca North:
- Jávea / Xàbia
- Dénia
- Moraira
- Calpe
- Benissa
- Altea
- Benidorm
Costa Blanca South:
- Alicante
- Torrevieja
- Orihuela Costa
Valencia Region:
- Valencia city
- Gandía
- Oliva
Frequently Asked Questions
Can I get divorced in Spain if I was married abroad?
Yes. If you are resident in Spain, you can divorce in Spain regardless of where you were married.
How long does a divorce take in Spain?
- Mutual agreement: 2-3 months
- Contentious divorce: 6-12 months or longer depending on complexity
Do I need to travel to Spain for my divorce?
No. We can handle your entire divorce via Power of Attorney if you cannot travel.
What if my spouse doesn’t agree to divorce?
You can still divorce. Spain allows unilateral divorce — you do not need your spouse’s consent.
How is child custody decided in Spain?
Spanish courts prioritise the best interests of the child. Joint custody is increasingly common, but each case is decided individually.
How are assets divided in a Spanish divorce?
This depends on your matrimonial property regime. In most cases, assets acquired during marriage are divided equally. Assets owned before marriage remain with the original owner.
What about assets in other countries?
We coordinate with lawyers in other countries to ensure all your assets are properly addressed.
How much does a divorce cost in Spain?
Costs vary depending on complexity. We provide a clear fee estimate at the initial consultation. Mutual agreement divorces are significantly cheaper than contentious proceedings.
Who We Help
We regularly assist:
- British expats divorcing in Spain
- Irish clients with family law matters
- American and Canadian citizens living in Spain
- Dutch, Belgian and German clients
- Mixed-nationality couples
- Clients living abroad needing divorce in Spain
- Parents in international custody disputes
- Spouses seeking fair financial settlements
Contact Us
Are you facing a divorce in Spain or need advice on family law matters?
Contact our firm for a confidential consultation and clear guidance tailored to international clients.
📞 Telephone
✉️ Email
info@lawyerssolicitorsjavea.com
📍 Our Offices
Jávea (Head Office) Avenida del Pla, 126, 2nd Floor Offices 28 A and 28 B 03730 Xàbia/Jávea, Alicante
Valencia Calle Burriana, 34, 1st Floor Valencia
Opening Hours
Office: Monday – Friday: 9:00 – 20:00 Telephone Service: 24 hours a day, 7 days a week
Tomas Ballestero Lawyers – Over 30 years helping international clients with divorce and family law in Spain
Related Legal Services If you are buying property in Spain, you may also need:
Spanish Wills and Inheritance /services/inheritance-and-wills-services/– Protect your property investment with a valid Spanish will. Our inheritance lawyers help you plan your estate.
Property Lawyers /services/property-lawyers-in-costa-blanca-valencia/– If your divorce involves buying or selling property in Spain, our conveyancing team handles all legal aspects of property division and transfers.
Can I get divorced in Spain if I was married abroad?
Yes. Spain recognises foreign marriages. If Spanish courts have jurisdiction, you can divorce in Spain regardless of where the marriage took place.
Can British citizens divorce in Spain after Brexit?
Yes. British nationals can still divorce in Spain if jurisdiction requirements are met. Brexit does not prevent divorces under Spanish law.
Do I need to live in Spain to divorce here?
Not always. In many cases, habitual residence of one spouse, Spanish nationality, or assets located in Spain can establish jurisdiction.
Which law applies to my divorce in Spain?
In most cases, Spanish law applies when the divorce is processed in Spain, including rules on custody, maintenance and asset division.
Do I need my spouse’s consent to divorce in Spain?
No. Spain allows unilateral divorce. One spouse can file for divorce without the other’s consent.
How long does a divorce take in Spain?
Mutual agreement divorces in court usually take 2–3 months. Contested divorces may take 6–12 months or longer depending on complexity.
Do I need to travel to Spain for the divorce process?
No. Most divorces in Spain can be completed without travelling. Your lawyer can act on your behalf through a Power of Attorney, so you do not need to attend court in person.
How is child custody decided in Spain?
Spanish courts prioritise the best interests of the child. Joint custody is increasingly common, but each case is assessed individually.
How are assets divided in a Spanish divorce?
This depends on the matrimonial property regime. Assets acquired during marriage are usually shared; pre-marital assets normally remain with the original owner.
What happens with property located in other countries?
Spanish courts deal with Spanish assets. Assets abroad usually require coordination with lawyers in the relevant countries.
Can I divorce in Spain if my spouse lives abroad?
Yes. Many international divorces involve spouses living in different countries. Spanish courts can still have jurisdiction.
How much does a divorce cost in Spain?
Costs depend on whether the divorce is mutual or contested. Mutual agreement divorces are significantly cheaper. A clear fee estimate is usually provided at the start.
Which country has jurisdiction over my divorce?
Jurisdiction depends on factors such as habitual residence, nationality and where the family lives. We analyse your situation to determine whether Spain is the best country to divorce.
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