In short: yes, you can divorce in Spain as a foreigner if either spouse is habitually resident here — and in many cases you never need to travel to Spain at all, because we can handle the whole divorce through a power of attorney. A mutual-consent divorce is usually completed in a few months; a contested divorce takes longer, which is why we always explore agreement first. We deal with jurisdiction under the EU rules, child custody, maintenance and the division of Spanish property, in plain English, and your first consultation is free.
As experienced divorce lawyers in Spain, we assist English-speaking clients with all aspects of international family law on the Costa Blanca and Valencia.
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, our divorce lawyers in Spain 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
✈ Can’t Travel to Spain? We Handle Your Divorce via Power of Attorney
We prepare your Power of Attorney in English and Spanish. You sign in your home country, we represent you in all court proceedings in Spain.
✈ Ask About Power of Attorney✈ Need to Sell Property After Your Divorce?
If your divorce involves selling a property in Spain, we can handle everything via Power of Attorney. You sign in your home country, we manage the sale — due diligence, contracts, notary and Land Registry.
✈ Ask About Property ServicesReal Examples from Our Practice
🇬🇧 British Couple Divorcing in Spain
A British couple who had been living in Javea 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 Denia 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.
🇫🇷 French-Spanish Couple — High-Value Assets
A French-Spanish couple with properties in Spain, France and Belgium 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 French counsel, achieved a negotiated settlement on the Spanish assets, and protected our client’s share of the family business. Total process: 8 months.
🇫🇷 French Client — Remote Divorce via POA
A French client living in Lyon 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 France.
🏠 Property Division After Long Marriage
A British couple divorcing after 25 years had accumulated significant assets: a villa in Moraira, apartments in 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. The outcome secured our client a favourable share of the 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.
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 Javea and Valencia |
| 72+ five-star reviews | One of the best-rated law firms in Javea — as our clients say in 72+ verified five-star Google reviews for over 30 years |
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:
- Javea / Xàbia
- Denia
- Moraira
- Benissa
- Altea
Valencia Region:
- Valencia city
- Gandía
- Oliva
Who 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
- Parents in international custody disputes
- Spouses seeking fair financial settlements
Ready to Get Started?
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
📍 Our Offices
Javea (Head Office) Avenida del Pla, 126, 2nd Floor Offices 28 A and 28 B 03730 Xàbia/Javea
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 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 on the first free consultation.
How is child custody decided for international couples?
Spanish courts decide in the best interest of the child, increasingly favouring joint custody (custodia compartida). Habitual residence of the child, each parent’s ties to Spain, and any prior foreign ruling all weigh in. Cases involving France or the UK often require coordination under Hague Convention rules.
What is the difference between mutual-agreement and contested divorce in Spain?
A divorcio de mutuo acuerdo can be finalised in 2–3 months with one joint lawyer. A contested divorce (divorcio contencioso) requires separate representation and can take 8–18 months. We advise on which route fits your situation.
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.
Divorce Lawyer in Spain: Expert Legal Representation in Valencia
Finding the right divorce lawyer in Spain is essential when navigating the complexities of Spanish family law. At Tomas Ballestero Lawyers, our team of experienced divorce lawyers in Valencia provides comprehensive legal support for both Spanish nationals and international clients seeking a divorce lawyer in Valencia or across the Costa Blanca region. Whether you need a family law lawyer in Spain for an amicable separation or a contested divorce, our Valencia divorce lawyer team ensures your rights and interests are protected throughout the entire process. As a leading divorce law firm with years of experience, we handle every aspect of divorce proceedings in Spain.
Express Divorce Spain & Legal Separation Lawyer Valencia
Spain offers an express divorce procedure (divorcio express) that can be completed in as little as three months when both parties agree on the terms. Our express divorce Spain service handles mutual consent divorces efficiently, minimising stress and legal costs. If you are considering a legal separation before divorce, our Valencia legal separation lawyer team can advise on the differences between separation and divorce under Spanish law, including the cost of divorce in Spain. We also assist with divorce cost planning so you understand the full financial picture, including court fees, lawyer fees, and any additional expenses related to your specific case.
Child Custody Lawyer Valencia & Fathers Rights Spain
Child custody disputes require sensitive and experienced legal counsel. As a specialist child custody lawyer in Valencia, we help parents navigate custody arrangements, visitation rights, and relocation cases under Spanish family law. Our expertise extends to international child custody matters, including cases involving child custody lawyers for France-Spain cross-border disputes. We are strong advocates for fathers rights in Spain, ensuring equal consideration in custody proceedings. Our Valencia paternity lawyer services also cover paternity testing, parental responsibility claims, and modification of existing custody orders when circumstances change.
Prenuptial Agreements, Spousal Support & Family Mediation
A well-drafted prenuptial agreement can protect both parties in the event of a future divorce. Our prenuptial agreement lawyer in Valencia prepares legally binding prenuptial and postnuptial agreements under Spanish law. We also handle spousal support (alimony) negotiations, ensuring fair compensation for the economically disadvantaged spouse. Our spousal support lawyers in Valencia have extensive experience calculating maintenance payments based on Spanish legal criteria. For couples seeking an alternative to court proceedings, our family mediation services in Spain offer a collaborative approach to resolving disputes around finances, property division, and parenting arrangements. A marriage solicitor or marriage attorney from our firm can also assist with legal formalities surrounding marriage in Spain.
Domestic Violence Lawyer & Adoption Lawyers Valencia
Our domestic violence lawyers in Valencia provide urgent legal protection for victims, including obtaining restraining orders and representing clients in family court and protection-order proceedings. We understand the sensitivity of these cases and offer confidential, compassionate legal support. Additionally, our adoption lawyers in Valencia guide families through the Spanish adoption process, whether domestic or international, handling all legal paperwork, court appearances, and compliance with Spanish adoption regulations. As a family lawyer in Spain and experienced divorce solicitor, we also assist with family law solicitor services including name changes, guardianship applications, and other family-related legal matters. Whether you need a Spanish divorce attorney, a divorce attorney, or a family law solicitor, our Valencia family lawyer team is here to help.
Frequently Asked Questions About Divorce in Spain
How much does a divorce cost in Spain? The cost depends on whether the divorce is by mutual consent (express divorce) or contested, and on the complexity of your case. A mutual-consent divorce is significantly simpler and less costly than a contested one. 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. Our international divorce lawyer in Valencia handles these cross-border cases regularly.
What are fathers rights in Spain regarding custody? Spanish law promotes shared custody (custodia compartida) and does not favour either parent based on gender. Fathers have equal rights to custody, and courts consider the best interests of the child when making custody decisions.
Need Help With a Divorce in Spain?
Tell us about your situation. We reply within 1 hour with a clear explanation of the process, timeline and costs.
Tell Us About Your CaseOne of the most-experienced family law teams on the Costa Blanca · Trusted by international families across Javea, Denia and Valencia for over 30 years
For American clients, see our dedicated divorce lawyer in Spain for American citizens page.
Divorce 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 represent you before the Spanish courts 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. Your first consultation is free — contact us to discuss your situation in confidence.
More questions about international divorce in Spain
Can foreigners get divorced in Spain?
Yes. Foreigners can divorce in Spain if at least one spouse is a Spanish resident, or if both spouses agree to Spanish jurisdiction. EU citizens are governed by Regulation EU 2019 1111 Brussels II ter. Our firm has handled British, American, French, Belgian, Irish, German, Australian and Canadian divorces with one or both spouses in Spain.
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. Contested divorce is filed by one spouse against the other when they disagree on custody, support or property. It requires a full court process before the Family Court of First Instance.
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.
Can I divorce in Spain via Power of Attorney without travelling?
Yes for mutual consent divorce. Each spouse signs a Spanish Power of Attorney before a notary in their country of residence, apostilled under the Hague Convention. Our firm represents both spouses separately before the Spanish court or notary. Most international clients we work with complete the divorce without travelling to Spain.
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.
What about child custody when parents have different nationalities?
Child custody for international couples is governed by Brussels II ter for EU and by international private law for non-EU. Spanish family courts apply the principle of best interests of the child and consider the child habitual residence. Cross-border parental responsibility decisions are enforceable across the EU.
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.
Avec une procuration (pouvoir), nous réalisons toutes les démarches à votre place, à distance et en toute sécurité.
✈️ Agir à distance avec procuration — Contactez-nous
