Spain Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in Spain.10 in-depth guides covering your rights, costs, and options.
Legal System
Civil law
Divorce Type
No-fault (since 2005)
Waiting Period
3 months after marriage
Average Cost
€700–€15,000+
Property System
Sociedad de gananciales (community property) in most regions; separación de bienes in Catalonia, Balearics, Valencia
Residency
Habitual residence or domicile in Spain
Divorce Law in Spain: Overview
Spain's 2005 'express divorce' reform was groundbreaking — it eliminated mandatory separation periods and allowed either spouse to divorce after just 3 months of marriage, with no need to prove fault. Property rules vary by region: most of Spain uses community property (sociedad de gananciales), but Catalonia, the Balearic Islands, and Valencia use separation of property. Spain has seen a strong trend toward shared custody (custodia compartida), with some regions like Aragon, Valencia, and Catalonia creating a legal presumption in favor of it.
Key Legislation
Código Civil Articles 81-89
Divorce provisions, grounds, and effects.
Ley 15/2005
The 'express divorce' reform — no separation period, no fault required.
Regional family codes
Catalonia, Aragon, Valencia, Balearics have their own family law provisions.
Grounds for Divorce
- ●No specific grounds needed — sole requirement is 3 months of marriage
- ●Either spouse can file unilaterally
- ●No separation period required since 2005
- ●Exception: divorce before 3 months if risk to life, physical/moral integrity, or freedom of the petitioner or children
How to Divorce in Spain: Step-by-Step
Meet 3-month requirement
Must have been married at least 3 months (unless exception applies).
Mutual or contested
Mutual consent (convenio regulador) is faster and cheaper.
File petition
File at the local Juzgado de Primera Instancia (civil court).
Convenio regulador
If mutual, submit the regulatory agreement covering all terms.
Court approval
Judge reviews the agreement, especially child-related terms.
Divorce decree
Sentencia de divorcio issued. Marriage dissolved.
Recent Legal Reforms
Ley 15/2005: 'express divorce' — no fault, no separation period, no reason needed.
Aragon introduced legal presumption of shared custody.
Catalonia's Codi Civil Book II: shared parental responsibility as default.
Growing judicial trend toward shared custody nationwide.
What Makes Spain Divorce Unique
- →No grounds needed — just 3 months of marriage
- →Property regime varies by autonomous community (17 regions)
- →Strong trend toward custodia compartida (shared custody) with regional presumptions
- →Express divorce system is one of the fastest in Europe
Spain Divorce Statistics
~55-60% of marriages
Divorce rate
2-3 months
Average duration (mutual)
6-18 months
Average duration (contested)
~43% nationally (2023)
Shared custody rate
Spain Divorce Guides
Spain Property Division
How assets and debts are divided
Spain Spousal Support
Maintenance and alimony
Spain Child Custody
Custody and parenting arrangements
Spain Divorce Process & Timeline
Steps and how long it takes
Spain Divorce Costs
Fees, costs, and legal aid
Spain Child Support
Financial support for children
Spain Uncontested Divorce
When both spouses agree
Spain Divorce Mediation
Alternative dispute resolution
Spain Divorce & Taxes
Tax implications of divorce
Spain Domestic Violence & Divorce
Safety and legal protections
Every situation is different
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Legal Disclaimer: This article covers Spain divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Spain for advice specific to your situation.