Divorce In Spain [How-To 2022 English Guide]
If your marriage in Spain does not work out, you will naturally need to know all about the process of obtaining a divorce in the country. It will be a relief to know that the process is not incredibly lengthy or complex but is actually pretty straightforward. This guide explains all the details, including the legal grounds, fee, division of property and other concerns about your residency status.
Disclaimer: This article contains only generic information about the divorce process and is not meant to serve as a legal document. You should discuss all legal requirements and procedures with a divorce attorney.
Statistics On Divorce In Spain – Is Divorce Common In Spain?
Spain is a predominantly Catholic country, though it has grown to be a lot more secular over recent years. Divorce was therefore always seen as a social stigma and the country only permitted it fairly recently, in 1981. The process used to be lengthy and complicated initially but was made easier through a government bill in 2005. Since then, Spain has had the second highest divorce rate in all of Europe, at about 60% (though there is no official data for the last couple of years).
Reasons For Divorce In Spain
Couples can choose to end their legal relationship for a number of reasons. The most common of these in Spain usually include incompatibility between partners, infidelity, a financial crisis, substance abuse (including alcohol, drugs etc.) and physical or mental abuse by a partner.
Who Can Get Divorced In Spain?
You need to be a Spanish resident to apply for divorce and be married for at least three months. If you are not Spanish but have obtained nationality, you can get a divorce in Spain if you or your partner is a Spanish resident or national or at least one of you permanently resides in the country. If, however, neither of you is Spanish, the legal proceedings will give you a choice regarding the international law you wish to get divorced under. That is, you can either choose the laws of your home country or of Spain itself.
An uncontested divorce is one where both partners decide mutually to end their relationship in an amicable manner. Because both partners are in agreement, this kind of divorce is cheaper as well as faster. You will also not need a judge to intervene in this case but can regulate clauses on your own in the form of a written contract.
The other form of divorce is a contested one where one of the partners’ files for divorce and the partners are unable to reach an amicable agreement. It is therefore, a much longer and tedious process. A judge will need to intervene to dictate the regulatory situation between the partners. The lawyers of both spouses will negotiate and try to reach an agreement. Because of the initial disagreements between the couple, it is not advised for them to communicate directly with each other for that would make reaching an agreement even harder.
Conditions For Divorce In Spain
Since the express divorce bill was introduced in 2005, it prompted an increase in divorce rates in Spain. This is partly because the bill made the process of divorce much quicker and cheaper. The instant effect was seen in the 74.3% increase in divorces after the bill was introduced compared to the previous year.
The divorce law in Spain now is no-fault. This means that you do not need to cite a specific reason for your divorce. One of the partners’ only needs to petition, and the marriage should have lasted at least three months. This is true for all marriages regardless of whether the couple is heterosexual or gay. There is also no legal requirement for a period of separation before initiating the proceedings of a divorce.
What Is The Process Of A Divorce In Spain?
If you wish to get a divorce in Spain, you must have been married for at least three months. If you have been married less than this time, in very rare cases you can still petition for a divorce. These include a risk of violence, a risk to your life, or a threat to your liberty, moral integrity or indemnity.The first step would be to find a good divorce lawyer for your case. Your lawyer will petition the judge to give a divorce order. It is highly recommended to acquire the services of a lawyer since they will also draw up a legal document called the proposal of governing convention (convenio regulador). The document must cover all important issues pertaining to the divorce. These include custody arrangements of the children and visitation rights for the non-custodial parent, the amount that needs to be paid for children’s alimony, compensation allowance or alimony that needs to be paid by one spouse to another, use of the house where the family resided and division of other assets and the manner in which the spouses will need to continue to contribute to family expenses.
You will also require several documents for this process. These include your marriage certificate, birth certificates of all children from the marriage, certificate of town hall registration (empadronamiento) to prove you have been residing in the country for a certain time period, pay slips and income tax declarations for financial disclosure and the governing convention proposal itself. You will also need to make a list of your assets, debts and children’s expenses. If any of these documents were made in another country, they must be translated into Spanish and have an official seal.
Once all documents have been submitted, both you and your spouse will need to attend the hearing in person so the judge can ratify the convention. If you are unable to attend due to an emergency, you are allowed to appoint an Officer of the Court through the Power of Attorney to ratify it on your behalf.
Once the judge has reached their decision, they will file it with the Civil Registry (Registro Civil). You can appeal the sentence if you are not happy with it or either party can have measures modified by judicial dictum as well.
How Long Does A Divorce Take In Spain?
If the divorce proceedings are mutual i.e., both parties are in favor of it, and the case is simple with no children involved, you might be done in as little as 4 to 6 weeks. In reality though things are hardly so straightforward and it can take at least four to six months. The case can take even longer to conclude if there are children involved since the terms of the agreement will need to be approved by a prosecutor to protect the children’s interests. If, moreover, the couple decides to go to court for whatever reason, or the divorce is contested, it will take around a year for it to be finalized.
How Much Does It Cost To Get A Divorce In Spain?
The cost of divorce can vary case to case, depending on a number of factors. But it is usually cheap. Typically, including the cost of procurator, power of attorney and legalization of documents etc., you can expect to pay around 700 to 1000 euros. If you want to reduce costs, you should opt for a local lawyer instead of an international one.
If your divorce is a contested one i.e., only one party has filed the convention, the proceedings will be longer and also costlier. These will range from 1000 to 1500 euros and other expenses depending on the circumstances will add to this.
Can You Stay In Spain After A Divorce?
If your visa or residency status depends on your marriage, there is a specified procedure you should follow. The Administration should be informed as soon as the divorce has been finalized. The Spanish Immigration Law will allow you to maintain your residency status as a family member of an EU citizen despite the divorce. There are two main requirements you must fulfill, which are that you should have been married for at least three years. And of these, you and your partner should have resided together in Spain for at least one.
In case you do not meet these requirements, you can still continue living in Spain but the process will be more complex and have more conditions. You can only do so under the following conditions:
- You have won custody of your children from the marriage
- If you have not won custody, then you have visitation rights
- You were a domestic violence or human trafficking (or other maltreatment) victim in your marriage (and have proof of this)
Final Thoughts
This guide has outlined broadly the steps which must be fulfilled if you want to get a divorce in Spain. Divorce is never easy and we strongly suggest employing the services of a competent lawyer to handle your case, especially if children are involved.