The legal framework
Law 15/2005 abolished the grounds for divorce and the prior separation requirement: it is enough for one spouse to ask, three months after the wedding (no waiting period in cases of violence). Divorce by mutual consent with a settlement agreement (convenio regulador) is processed before the judge and, since Law 15/2015 on Voluntary Jurisdiction, before a notary or the court clerk when there are no unemancipated minor children. Contested divorce goes before the court of first instance or the court for violence against women. The Civil Code governs the compensatory pension (article 97), custody (article 92, shared when it suits the child) and the allocation of the family home. About 80,000 divorces a year, three in four by mutual consent.
For British couples in Spain the first question is which court to use. Spanish courts have jurisdiction if the spouses are habitually resident in Spain (EU Regulation 2019/1111, Brussels II ter, which Spain applies to everyone), and English courts if either party is habitually resident in England and Wales or domiciled there — so many couples have a choice. Spanish divorce is fast and cheap by mutual consent but Spanish courts apply Spanish law to maintenance and property (a compensatory pension that is usually temporary, a community liquidated in halves) whereas English courts exercise a wide discretion over all assets.
Since 1 January 2021 the UK is outside Brussels II ter. A Spanish divorce is recognised in the UK under the Family Law Act 1986 without any procedure, as long as either spouse was habitually resident in or a national of Spain. A UK divorce, by contrast, is no longer recognised automatically in Spain: it must be recognised by a Spanish court (exequatur under Law 29/2015) before it can be recorded at the Civil Registry — a few months and a lawyer — which matters for remarriage, property and pensions in Spain.
Key points
| Requirement | Three months of marriage; no grounds to prove |
|---|---|
| Mutual consent | Settlement agreement (children, home, pensions, liquidation); before a judge, a notary or the court clerk if there are no minor children |
| Contested | Petition to the court; interim measures; judgment in 6 to 18 months depending on the city |
| Children | Joint parental authority; shared custody in nearly half of divorces with children; child maintenance according to the guideline tables of the General Council of the Judiciary |
| Compensatory pension | For the spouse left in economic imbalance; temporary in most cases |
| Home | Allocated to the custodial parent or the spouse most in need, regardless of ownership |
| Lawyer | Compulsory before the judge (lawyer and procurador); before a notary, a lawyer is needed for the agreement |
| Recognition | Spanish divorce recognised in the UK without procedure (Family Law Act 1986); UK divorce needs exequatur in Spain since 2021 |
In practice
- By mutual consent: draft the settlement agreement with a lawyer (the same one may act for both), file it with the court or, without minor children, with the notary; ratification and decision in weeks or a few months.
- Contested: petition with lawyer and procurador, interim measures in one or two months, hearing and judgment afterwards; family mediation is free in many regions.
- Divorces involving gender violence go before the court for violence against women, without the three-month wait.
- The liquidation of the community of acquisitions may be done in the agreement itself or later, in a separate procedure.
- A British spouse who divorces in Spain simply keeps the Spanish judgment (with a sworn translation) for UK purposes; a spouse who divorced in the UK and wants to remarry or deal with property in Spain instructs a Spanish lawyer to obtain recognition (exequatur) and record it at the Civil Registry.
Cost and coverage
Mutual consent before a notary: 300 to 700 euros plus the lawyer (400 to 1,500 euros); before the court: lawyer and procurador 600 to 2,000 euros for both; contested: 2,000 to 6,000 euros per spouse or more. Court fees abolished for individuals; legal aid according to income; exequatur of a UK divorce 1,000 to 2,500 euros.
Recent changes
Since 2015 the notary handles mutual-consent divorces without minor children; shared custody has risen from 10 % in 2010 to about 45 % in recent years. Brexit ended the automatic recognition of UK judgments in Spain from 2021, and the UK left the Maintenance Regulation, so maintenance orders now circulate under the Hague Convention of 2007.
Where to go
- Courts of first instance (family) of the marital domicile; courts for violence against women.
- General Council of Spanish Lawyers: duty lawyers and legal aid.
- General Council of Notaries: notarial divorce.
- Family mediation services of the autonomous communities; British consulates for lists of English-speaking lawyers.
Worth knowing
The settlement agreement is complied with better, and amended more easily, than an imposed judgment: even in a difficult divorce, family mediation — free in many regions — saves months and thousands of euros. And the compensatory pension must be claimed in the petition or the agreement; afterwards it is too late. British couples should decide early whether to divorce in Spain or in England, because the financial outcome can differ greatly.
Frequently asked questions
We are both British, living in Spain: can we divorce in England instead?
Yes, if either of you is habitually resident in England and Wales or domiciled there — many British residents in Spain retain an English domicile of origin. English courts may then divide assets, including Spanish property, at their discretion. The resulting order must be recognised in Spain (exequatur) to affect Spanish property or the Civil Registry. Compare costs and likely outcomes with lawyers in both countries before filing; the first court seised generally keeps the case.
Is my Spanish divorce valid in the UK?
Yes, automatically, under the Family Law Act 1986, because it was obtained by judicial or notarial proceedings in a country where at least one of you was habitually resident. Keep the Spanish decree with a certified translation; you can remarry in the UK without any further step, though the register office will ask to see it.
How is child maintenance fixed in Spain?
According to the guideline tables of the General Council of the Judiciary, based on the parents' income, the number of children and the city, updated yearly with inflation; it is due until the child is financially independent, not merely 18, and non-payment for two consecutive months is a criminal offence. Extraordinary expenses (medical, school trips) are shared half and half by default. A Spanish order is enforceable in the UK under the Hague Maintenance Convention of 2007.
Official sources and links
- Civil Code — articles 81-107 (separation and divorce) — BOE
- Law 15/2015 on Voluntary Jurisdiction — notarial divorce — consolidated text
- GOV.UK — divorce abroad and recognition in the UK — Family Law Act 1986 recognition
- Administración General del Estado — administracion.gob.es — official portal of Spanish public services, with pages in English
- Boletín Oficial del Estado (BOE) — Spanish legislation, official and consolidated texts
- British Consulates in Spain — gov.uk — living in Spain guide, consular help, lists of English-speaking lawyers