Best Divorce & Separation Lawyers in Spain

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Gimbrere Legal
Barcelona, Spain

Founded in 1983
20 people in their team
Dutch
Spanish
English
Italian
Arabic
French
Family Divorce & Separation Adoption +10 more
GIMBRERE LEGAL Legal Support in the Netherlands, Spain & Italy Gimbrere Legal is an international law firm with offices and teams active in the Netherlands (Amsterdam, Breda, The Hague), Spain (Barcelona) and Italy (Rome). We advise individuals and businesses on cross-border matters...
Ginés Riquelme Abogado
Murcia, Spain

Founded in 2000
50 people in their team
Spanish
English
GET TO KNOW OUR FAMILY LAW FIRMOur law firm is made up of professional lawyers aimed at offering you all the help you need in family matters.We are a law firm with a very good reputation, the result of effort and fight in defense of your rights since we look after your interests and your peace of...

English
The firm is led by Maria Cinta Marcos and Mariola Revilla and is recognized as one of the most veteran legal practices in Palencia, with more than 30 years of experience serving clients across the province. The partners bring decades of insight and a track record of resolving thousands of cases for...
Marcos Abogados
Salamanca, Spain

English
Marcos Abogados is a distinguished law firm in Spain, specializing in a comprehensive range of legal services, including bankruptcy, divorce, family law, and trial representation. The firm is committed to delivering personalized solutions tailored to each client's unique legal challenges. By...
Piñera del Olmo
Barcelona, Spain

Founded in 2000
50 people in their team
Spanish
English
Spanish Lawyers in Barcelona Piñera del Olmo is a law firm located in Barcelona.Our team of lawyers provide a full range of advisory services in criminal law, civil law, commercial law, tax law, and  litigation law to our clients from different industries.At Piñera del Olmo Canals,...
SOS Abogados
Salamanca, Spain

English
SOS Abogados is a multidisciplinary law firm in Spain offering comprehensive legal advisory across civil, criminal, family, labor and banking matters. The firm emphasizes high professional standards, practical solutions and a client centered approach, leveraging a broad team of experienced lawyers...

Founded in 2000
25 people in their team
Spanish
English
Catalan
French
Forcam Abogados, SLP (operating as Forcam Lawyers) is a Spanish law firm advising both domestic and international clients on matters that require sound legal judgement, careful planning and decisive follow-through. Our Labor & Employment practice focuses in particular on termination and...
IN DIEM Abogados
Seville, Spain

Founded in 2004
50 people in their team
Spanish
Lawyers Seville | IN DIEM. ServicesLawyers Seville | IN DIEM is a firm made up of professionals with maximum experience such as Prosecutors, State Lawyers, Magistrates, University Professors or high-level Union Representatives, who give you the peace of mind and security of having the best team,...

Founded in 2025
English
Javier Álvarez Abogados, based in Las Palmas de Gran Canaria, offers specialized legal services in family law, civil law, criminal justice, divorce proceedings, and estate litigation. With over 13 years of experience, the firm has established a strong reputation for effectively handling complex...

Founded in 2002
English
Lapeña & De Benito Abogados is a Tenerife based firm founded by Ismael Lapeña and Guillermo de Benito in 2002. The practice delivers multidisciplinary legal services across civil, penal, administrative and mercantile matters, supported by a broad network of collaborators to provide coverage...
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Spain Divorce & Separation Legal Questions answered by Lawyers

Browse our 1 legal question about Divorce & Separation in Spain and read the lawyer answers, or ask your own questions for free.

divorce
Divorce & Separation Family
I was not in Spain and my ex-wife lied to me in court without my presence, explaining the reason for my marriage, and got a divorce decree and took my child. Is there anything that can be done? I just found out that 2 years have passed since the decree.
Lawyer answer by SJ Law Experts

Thank you.

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1 answer

About Divorce & Separation Law in Spain

Divorce and separation in Spain are legal processes that dissolve or suspend the matrimonial bond between partners. Spanish law allows for both mutual consent and contested divorces. While reconciliation processes are encouraged, they are not mandatory. Spain has a no-fault divorce system, meaning couples do not need to prove wrongdoing or fault to initiate the divorce process. Marriage dissolution can cover a variety of aspects, including the division of assets, child custody, child support, and alimony.

Why You May Need a Lawyer

Legal representation may be necessary in several circumstances during a divorce or separation. If there are disagreements on terms and conditions such as property division or child custody, a lawyer can provide valuable assistance. Lawyers help navigate complex legal documentation and court procedures, safeguarding their clients' rights and interests. Attorneys can also play a crucial role in mediating negotiations between parties, simplifying what can be an emotionally challenging process. Relying on an experienced lawyer ensures compliance with the local laws and regulations, reducing potential legal complications.

Local Laws Overview

In Spain, divorce laws are governed by the country's Civil Code, specifically the sections dealing with family law. One key aspect is the equitable distribution of marital assets, although this can vary based on prenuptial agreements or the marital property regime agreed upon by the partners. Custody of children is generally shared, but the best interest of the children is paramount. Alimony or spousal support, as well as child support, is calculated based on individual financial circumstances. Additionally, the legal proceedings for divorce require spouses to be separated for a minimum of three months before filing, except in cases involving domestic violence or other emergency situations.

Frequently Asked Questions

What is the difference between legal separation and divorce in Spain?

Legal separation does not dissolve the marriage, whereas divorce terminates the marital relationship entirely. Separated spouses remain legally married.

Do I need to go to court to get a divorce in Spain?

Yes, all divorces in Spain require judicial approval. However, mutual consent divorces can be processed faster and more smoothly with both parties agreeing to terms beforehand.

How is child custody determined?

Child custody is determined based on the best interests of the child, with considerations for the child's stability, health, and educational needs. Joint custody is common, but sole custody can be awarded in certain cases.

What happens to the marital home during a divorce?

The fate of the marital home depends on the couple's property regime. They may sell it or one partner may buy out the other's share. If children are involved, it might be awarded to the custodial parent.

Can my spouse and I use the same lawyer?

No, a single lawyer cannot represent both parties due to a conflict of interest. Each party should have independent legal representation.

How is spousal maintenance calculated?

Spousal maintenance or alimony considers factors like the length of the marriage, standard of living during the marriage, and each spouse's financial situation and needs.

What are the residency requirements for getting a divorce in Spain?

At least one spouse must be a resident in Spain for the divorce to be filed there, or both spouses must be Spanish nationals residing abroad.

What is a mutual consent divorce?

A mutual consent divorce occurs when both spouses agree on all terms of the divorce, making the process quicker and less contentious than a contested divorce.

Is there a waiting period for divorce in Spain?

Spouses must have been separated for a minimum of three months before filing for divorce, except in specific cases like domestic violence.

Can divorce rulings from Spain be enforced in other countries?

Yes, due to international treaties and regulations, Spanish divorce rulings are often recognized and enforceable in other countries, though it may require additional legal procedures.

Additional Resources

Several organizations and bodies can provide assistance or information regarding divorce and separation in Spain:

  • The Spanish Ministry of Justice (Ministerio de Justicia)
  • Family mediation services
  • The General Council of the Judiciary (Consejo General del Poder Judicial)
  • Local Bar Associations for lawyer referrals
  • Spanish National Institute of Statistics for demographic data

Next Steps

If you are considering or are in the process of divorce or separation in Spain, it's crucial to seek legal advice early. Contact a lawyer who specializes in family law to guide you through the process. Prepare all relevant documentation, including marriage certificates, financial statements, and any written agreements or previous rulings. Before proceeding, outline your primary concerns and desired outcomes, as this will help your legal counsel develop an effective strategy. Lastly, consider mediation if possible, as it can provide a more amicable and less costly resolution for both parties involved.

Lawzana helps you find the best lawyers and law firms in Spain through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Divorce & Separation, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.

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