If you are a foreigner and live in Spain, getting a divorce raises questions that cannot be resolved solely with the Civil Code: which court has jurisdiction if your spouse lives in another country? What happens if you got married in your country of origin and never registered the marriage here? Is a divorce already granted abroad valid in Spain? This post reviews, step by step, how divorce for foreigners works in Spain, whether the marriage took place on Spanish territory or if it took place abroad and you now reside here.
Which court has jurisdiction over your divorce?
The first common confusion is thinking that nationality determines where the divorce can be filed. It is not like that: what determines jurisdiction is the habitual residence, pursuant to Regulation (EU) 2019/1111, known as Brussels II ter. This regulation also applies to persons who are not citizens of any European Union country, provided they live in Community territory.
Spanish courts have jurisdiction if any of these situations occur:
- Both spouses are habitual residents in Spain.
- Both had their last common habitual residence in Spain and one of the two still lives here.
- Spain is the habitual residence of the defendant spouse.
- This is a joint application, and at least one of the spouses resides in Spain.
- The spouse filing for divorce has been residing in Spain for at least one year (or for six months, if he or she is a Spanish national).
This means that, even if your spouse lives in another country and you were married outside of Spain, in many cases you will still be able to get a divorce here if your habitual residence is in Spain.
Which law applies to divorce?
The fact that a Spanish court has jurisdiction does not automatically mean that Spanish law applies to the merits of the case. The applicable law depends on each couple’s specific circumstances:
- If both spouses reside in Spain and one of them is a Spanish national, Spanish law applies.
- If both are foreign nationals of the same nationality and reside in Spain, the law of that common nationality applies.
- If they are of different nationalities and reside in Spain, the law of the country of their common habitual residence applies, which in this case would be Spanish law.
This distinction matters because it can affect issues such as the matrimonial property regime or the formal requirements for divorce, even if the proceedings themselves take place in a Spanish court or notary’s office.
If you got married abroad: do you need to register the marriage?
Here it is helpful to clarify a common confusion. Only Spanish citizens register their marriage in the Spanish Civil Registry: marriages celebrated abroad between foreign nationals are not registered in Spain, and this is not an impediment to getting divorced here.
There is, however, one situation in which it is essential to keep this in mind: if you obtain Spanish citizenship in the future, you will then have to register your foreign marriage with the Civil Registry. This is a step that many people forget to take when they naturalize, and it can later lead to complications if left unresolved—for example, when you need to prove your marital status for other administrative procedures. Therefore, if you’re in the process of obtaining Spanish citizenship and are already married, it’s a good idea to keep this in mind and take care of it when the time comes.
Ways to Get a Divorce in Spain: Notarial, Judicial, and Contentious
Once the issue of jurisdiction and, if applicable, the registration of the marriage has been resolved, the next step is to choose the procedure to follow.
Divorce by Mutual Consent Before a Notary Public
It is the most efficient route when both spouses agree to divorce and on the conditions of the separation (division of assets, use of the home, and custody and child support if there are adult children in common who must give consent). Since Law 15/2015 on Voluntary Jurisdiction, it is possible to process the divorce directly before a notary, without going through the court.
Main Requirements:
- There must be no unemancipated minor children or children with judicially established support measures.
- At least three months must have elapsed since the marriage was celebrated, except in cases of proven risk to the physical or moral integrity of the spouses or children.
- The woman must not be pregnant while the notarial divorce proceedings are underway.
- It is mandatory to seek legal counsel, because the settlement agreement they sign becomes enforceable as soon as it is filed with the court. Typically, each spouse has their own attorney, although it is also possible—and common—for both to share the same attorney for the proceedings.
Once all the documentation has been submitted, it usually takes between 3 and 15 business days for the deed to be signed. The notary’s office is responsible for registering the divorce with the Civil Registry.
Uncontested or contested divorce before the court
If there are minor, non-emancipated children, or if there is a disagreement on any point in the divorce settlement agreement, the proceedings must take place in court. A judicial divorce by mutual agreement typically takes several months; a contested divorce, where the parties cannot reach an agreement, can take considerably longer, depending on the complexity of the case, the assets involved, and whether custody and visitation arrangements need to be resolved.
Recognition in Spain of a Divorce Granted Abroad
If you have already gotten a divorce in your home country and need that divorce to be recognized in Spain—for example, to remarry, update your marital status on your DNI/NIE, or resolve property matters—you generally need to go through a procedure to exequatur before a Spanish court of first instance. This process requires submitting the divorce decree with an apostille, a certified translation into Spanish, and the marriage certificate. Processing times vary considerably depending on the court and the complexity of the case, but it is best to allow for several months.
Child Support, Custody, and Family Mediation
When a divorce involves minor children, there are three issues that are resolved along with the dissolution of the marriage: how much each parent should contribute financially, with whom the children will live on a day-to-day basis, and, increasingly, whether it is advisable to resolve these issues through mediation before going to court.
Child support —what you probably know as «child support»—is the financial contribution that one parent pays to the other to cover children's expenses such as housing, food, healthcare, and education. There is no fixed formula: the courts apply a criterion of proportionality between the real needs of the children and the economic capacity of each parent, also considering their number, age, and special needs. The General Council of the Judiciary publishes guiding tables, but the final amount is agreed upon in the regulatory agreement or set by a judge on a case-by-case basis.
Regarding daily care, in Spain the term «guarda y custodia» is used (equivalent to "tenencia" in other countries). There are two types: sole custody, where one parent assumes day-to-day care and the other has a visitation schedule, and the joint custody, where both share living arrangements in a balanced way. In both cases, joint parental authority over important decisions is usually maintained. When there is a good disposition between the parties, the family mediation —with the help of a neutral professional—can accelerate agreements on custody, visitation, and child support without the need for litigation. It is not mandatory in most cases, but an increasing number of courts recommend it as a preliminary step, especially in cases with international elements.
How can we help you?
At MBT Abogados, we guide foreign residents in Spain through the entire process: from registering a marriage that took place abroad—if it hasn’t been done yet—to choosing the most appropriate route for divorce—notarial or judicial—or having a divorce already granted outside the country recognized in Spain. We assess your specific situation (where the spouses reside, whether there are children, and whether there are assets in Spain) to advise you precisely on which court has jurisdiction, which law will apply, and what documentation you need to gather.
We are a law firm specializing in services for foreign nationals in Spain. Our main office is in Barcelona, and we also offer appointments via videoconference. You can contact us by email or Whatsapp.
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Frequently Asked Questions (FAQs) / Divorce of foreigners in Spain
- Can I get a divorce in Spain if my spouse lives in another country?
Yes, in several cases. For example, if you have been living in Spain for at least one year (or six months if you are a Spanish citizen), or if Spain was your last common habitual residence and you continue to live here. - Do I need to register my marriage in Spain before getting a divorce if I got married in my home country?
No, if you are a foreigner, it's not necessary: marriages between foreigners celebrated outside of Spain are not registered here, and that does not prevent you from getting a divorce. Watch out for one specific case, though: if you obtain Spanish nationality, at that moment you do have to register your marriage. - Is a notary divorce valid even if one of the spouses is a foreigner?
Yes, nationality is not an impediment. What is mandatory is that there are no non-emancipated minor children and that both spouses agree on everything. - Can I use a divorce in Spain that I already processed in my home country?
Generally, you need an exequatur procedure before a Spanish court for the foreign divorce to be recognized and have legal effects in Spain. - What law applies if my spouse and I have different nationalities?
If both are habitually resident in Spain, Spanish law will normally apply, barring exceptions linked to the agreed marital property regime. - How long does a mutual consent notary divorce take?
Once all the documentation has been submitted, the notarial signing usually takes place between 3 and 15 business days later.
