How to divorce in Spain?

Getting divorced in Spain is quite simple, especially since Law 15/2005 abolished the causes of divorce.  However, it is important to bear in mind that Spanish courts are only competent in cases where both spouses are legally resident in Spain, at least one of them is Spanish or they have lived together in Spain even though they no longer reside there. In any case, the only requirement for divorce is that the couple has been married for at least 3 months.


To process a divorce in Spain you need a series of documents identifying the spouses, their marriage and the existence or not of children, property in common… a lawyer will advise you on it.

The steps to follow to process a divorce in Spain are as follows:

Deciding if it is going to be a mutually agreed or contentious divorce

The divorce of mutual agreement supposes a smaller economic disbursement and greater rapidity in the procedure. The contentious divorce should be reserved only for those couples who cannot agree in any of the ways.

Choosing the right lawyers

In the case of a mutually agreed divorce, both spouses may be represented by the same lawyer and the same solicitor, while in the case of a contentious divorce each of them must provide a lawyer and a solicitor.

Regulatory agreement or filing a lawsuit

In the case of a mutually agreed divorce, the regulatory agreement will be approved by both spouses and it will therefore be sufficient for both spouses to express that approval before the judge. The judge will check that the agreement is adequate and does not harm either the spouses or the children. If there are no minors involved, a mutually agreed divorce can be formalized before a notary.

In the case of a contentious divorce, one of the spouses will file a lawsuit with a request for measures.  This request is sent to the other party to notify its agreement or not, and, if there is no agreement, an oral trial will be held for the plaintiff and defendant to present the appropriate evidence.

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