7 FAQs Answered about Divorce in Spain

Many expats find themselves in the unfortunate situation of getting divorced in Spain. Going through a divorce is hard enough, but doing so in an adopted country adds yet another level of complexity even if you do speak the language. We spoke with Helen Vera of Klev&Vera International Law Firm to get some answers to some of the most often asked questions.

1. What Are Your Rights If You Get Separated or Divorced in Spain?

According to Spanish law, regardless of your custodial arrangements, if you have children you have the right to participate in all of their big life decisions, such as place of residence, education and health.

If you do not have children, depending on whether or not you signed a prenuptial agreement, you are entitled to make the division of common assets and—depending on the case—to receive an economic compensation to reestablish the economic imbalance that the divorce causes you. But, due to the many variables involved, there really is no one answer to this question; each situation needs to be analyzed on a case by case basis.

2. Is Adultery a Cause for Divorce in Spain?

No, in Spain adultery is not a cause for divorce. In fact, in Spain divorce is no-fault. What this means is that you only have to prove you have been married for more than three months and that you have been a Spanish resident for more than one year in order to be able to apply for divorce.

People often assume that there will be a financial impact if one partner has had an affair, or left the marriage. But this rarely makes any difference to the overall division of assets. When it comes to money, in Spain, the court is not interested in why the marriage is ending, but rather what resources you each have available and how they are to be divided fairly.

3. Is There Such a Thing as a “Quickie” Divorce in Spain?

The minimum length of mutual consent divorce proceedings in Spain is four months. There is no such as thing like a “quickie” divorce in this jurisdiction.

In reality, experts say a divorce takes at least four to six months to conclude and it can be even longer if the parties have children in common, since the terms of the agreement need to be approved by the prosecutor. Our divorce process is archaic. If couples decide to go to court rather than settle outside of court, divorce proceedings take on average over a year to resolve.

4. Can Getting Divorced in Spain Benefit the Financially Dependent Party?

Yes, getting divorced in Spain can benefit the financially dependent party. Is it possible to obtain economic compensation to solve an economic imbalance or simply to remunerate the time devoted exclusively to home or child care.

5. How Are Spousal Payments Regulated in Spain?

In Spain, spousal payments are law, but you might not get a “meal ticket for life” because the minimum salary and per capita income is low in comparison with the United States or Northern Europe.

6. What Are the Rules for the Disclosure of Financial Information in a Spanish Divorce?

The rules for the disclosure of financial information in a Spanish divorce include the disclosure of tax declarations of the three previous years as well as pay slips.

7. How Does the Division of Matrimonial Assets Work in Spain?

There is no formula for working out how assets are divided. The Spanish courts offer some principles so that lawyers can give clients a rough idea of the likely settlement size in any particular case, taking into account the couple’s financial circumstances.

Current Spanish law is far more discretionary and is based on what each party needs to live on and the principle of sharing assets. This means every case is different. The courts have discretion as to how to divide up assets, income and debts between the two parties. This is vital. We are all individuals and the ways we choose to live our lives are infinitely variable. To achieve a fair result, all the competing factors and circumstances must be taken into account.

If you have questions that you would like answered or are looking for professional advice about getting a divorce in Spain, you can contact Klev&Vera at (+34) 93 17 60 190.

For over 15 years Klev&Vera has specialized in attending the legal needs of international clients in Spain. Klev&Vera’s multilingual team of lawyers and paralegals have many years of experience in big law firms, the public sector and international projects. If you are looking for professional legal advice you can contact them at the Klev&Vera office in Barcelona.

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Updated May 1, 2023.

Sponsored by Klev&Vera International Law Firm.

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