In Spain, divorce is the legal means of dissolving the marriage bond. Currently, following the reform introduced by Law 15/2005, the Spanish legal system recognizes divorce as a right of either spouse, without the need to allege any specific grounds. However, the procedure and its consequences vary considerably depending on whether or not there is an agreement between the parties.
In this article, we analyze the main types of divorce in Spain, their legal requirements, procedures, approximate costs, and relevant considerations when there are minor children.
Legal Framework for Divorce in Spain
Divorce is primarily governed by:
- The Civil Code, particularly Articles 81 through 107.
- The Code of Civil Procedure, Articles 769 et seq.
- Law 15/2005, on divorce reform.
- The DGRN Instruction of July 29, 2015, on notarial divorce.
Since 2005, in Spain, it has not been necessary to prove prior separation or provide grounds for filing for divorce. The decision of just one spouse is sufficient.
It is important to note that, depending on the spouses’ habitual residence, specific regulations of certain Autonomous Communities may apply. For this reason, it is highly recommended to seek personalized legal advice tailored to each specific situation.
Requirements for Getting a Divorce in Spain
To file for divorce, certain legal requirements must be met:
1. Existence of a valid marriage
This must be proven by means of a certified copy of the marriage certificate issued by the appropriate Civil Registry.
2. Three months have passed since the marriage
Generally speaking, at least three months must have passed since the marriage took place.
However, this time limit will not apply when there is a risk to:
- Life
- Physical or moral integrity
- Freedom
- The sexual freedom of the petitioning spouse or the children
3. Standing to File for Divorce
You can request it:
- Only one of the spouses
- Both together
4. Jurisdiction
As a general rule, jurisdiction will lie with the Civil Division of the Court of First Instance of the last family residence or the defendant’s place of residence.
5. Presence of minor children
When there are minor children or persons with disabilities, the Public Prosecutor's Office is required to intervene to protect the best interests of the minor.
In these cases, it is not possible to file for a notarial divorce.
Types of Divorce in Spain
A. Divorce by Mutual Consent
A divorce by mutual agreement is the fastest, most economical, and least contentious option. It occurs when both spouses agree both to the dissolution of the marriage and to the terms that will govern the personal and financial consequences.
It is processed through a joint petition accompanied by a regulatory agreement.
What should the regulatory agreement include?
The regulatory agreement must address essential issues such as:
- Use of the Family Home
- Child Custody and Guardianship
- Visitation Arrangements
- Child Support
- Compensatory alimony, if applicable
- Division of Community Property
Required Documentation
You will usually need to provide:
- Certified Marriage Certificate
- Birth certificates for the children
- Regulatory Agreement Signed
- Relevant heritage documentation
Following the filing, the court will summon the spouses to ratify the agreement. If everything complies with the law and does not harm the children, the court will issue a ruling approving it.
B. Notarial Divorce
A divorce may be formalized before a notary when:
- There are no minor, unenemaged children
- There are no dependent children with disabilities
Both spouses must appear in person, accompanied by an attorney.
A public deed takes full legal effect upon its execution.
Advantages of a Divorce by Mutual Consent
- Faster
- Lower cost
- Less emotional strain
- Reducing Future Conflicts
C. Contested Divorce
A contested divorce occurs when:
- One of the spouses does not want a divorce
- There is no agreement on measures regarding children or assets
Contested Divorce Proceedings
The proceedings begin with a petition filed by one of the spouses.
Later:
- The other spouse is summoned to respond.
- Evidence may be presented in the form of documents, witness testimony, or expert testimony.
- The Public Prosecutor's Office intervenes if there are minors involved.
- A trial is being held.
- The judge issues a ruling resolving all the matters.
Characteristics of a Contested Divorce
- Longer lifespan
- Higher costs
- Increased Conflict
- Possible future litigation
The final judgment must be entered in the Civil Registry.
Contested divorce involving minor children
When there are minor children, court supervision is mandatory even in uncontested divorces.
The judge and the Public Prosecutor’s Office will ensure that the measures taken are in the best interests of the child, particularly with regard to:
- Custody
- Visitation Arrangements
- Child Support
- Use of the Family Home
The regulatory agreement may be partially rejected if it is detrimental to the children.
Relevant Case Law
Supreme Court case law has established important principles regarding divorce:
- Supreme Court Ruling No. 491/2012 of July 17: Confirms the autonomy of the right to divorce without the need to allege grounds.
- Supreme Court Ruling of October 10, 2019: Establishes the scope of judicial review of the settlement agreement, even in divorces by mutual consent.
- Supreme Court Ruling No. 257/2013 of April 29: defines the effects of a notarial divorce.
Costs and approximate duration
Estimated costs
Notarized Divorce
- Approximately between €300 and €600.
Judicial Divorce by Mutual Consent
- Approximately between €1,000 and €2,500.
Contested Divorce
- Between €2,000 and €6,000 per case, depending on the complexity and the need for expert witnesses.
Estimated duration
| Type of Divorce | Approximate duration |
|---|---|
| Notarial | 1 to 2 weeks |
| Mutual Judicial Agreement | 1 to 2 months |
| Litigation | 6 to 18 months |
Conclusion
The Spanish legal system clearly favors consensual solutions, promoting divorce by mutual agreement as the fastest, most economical, and least traumatic option.
However, contested divorce remains an essential tool for guaranteeing the individual right of either spouse to end the marriage when there is no agreement.
Every family situation has its own unique characteristics, especially when there are minor children or significant shared assets, which is why it is essential to seek specialized legal advice from the very beginning of the proceedings.
Legal Sources
- Spanish Civil Code (Articles 81–107)
- Code of Civil Procedure (Articles 769 et seq.)
- Law 15/2005
- DGRN Directive of July 29, 2015, on Notarial Divorce
This article is intended solely for informational purposes and does not constitute individualized legal advice.
Do you need advice on divorce or family law matters?
If you want to review your specific situation before filing for divorce, signing an agreement, or making a decision regarding custody, child support, or family matters, you can consult the Family Law service.
For the specific consequences in Catalonia, read about divorce in Catalonia.