DIVORCE OF FOREIGNERS IN SPAIN
If you are a foreigner and want to get a divorce in Spain, you may find yourself in one of the following situations:
Marriage performed outside of Spain.
Spanish citizen married to a foreigner.
Two foreigners residing in Spain.
If you wish to divide your assets, you may have questions about how to get a divorce in Spain as a foreigner.
SPANISH CENTRAL REGISTRY
It is important to note that if you were married abroad and subsequently begin residing in Spain, getting a divorce abroad will not be sufficient to invalidate that marriage in Spain.
Thus, the first requirement is that your marriage performed abroad be registered in Spain. For a marriage to be valid in the country, it must be registered in the Spanish Central Registry.
This procedure is called exequatur, and it is an essential requirement if you wish to dissolve the marriage.
LEGAL REQUIREMENTS AND NECESSARY DOCUMENTATION
In addition to the previous requirement, to obtain a divorce in Spain, it is essential that both spouses have their last legal residence in Spanish territory.
If it is a contested divorce, and therefore initiated through a lawsuit, at least the defendant must have their place of residence in Spain.
If it is a divorce by mutual consent, it is sufficient for one of the spouses to have their residence in Spain.
Regarding the necessary documentation, this will depend on the chosen method for processing the divorce:
If the divorce is processed through a notary, the required documents are:
A duly apostilled foreign public deed.
A written request addressed to the Central Civil Registry.
If the divorce is processed through the courts, the required documents are:
Court order.
Separation agreement, if there are children and shared property.
Identification documents for both spouses.
Legalized or apostilled international marriage certificate.
Birth certificates of both spouses.
Birth certificates of any children.
Proof of residence.
When documents from other countries are submitted, they must be translated into Spanish by a sworn translator and previously legalized or apostilled by the competent authority.
PROCEDURE
The first step is to file the petition. For both contested and uncontested divorces, the petition must be filed with the Civil Division of the Court of First Instance in the jurisdiction where both spouses reside in Spain, along with the required documentation.
When the divorce is by mutual consent, a settlement agreement reached by both parties is important, as it establishes all agreements related to child custody, if applicable, child support, division of assets, etc.
When the divorce is contested, the intervention of a mediator can facilitate the process, helping to reach mutually beneficial agreements.
The court’s decision may vary depending on each specific case. However, the process typically takes between three and four months for uncontested divorces. When assets or minor children are involved, the timeframes may be delayed.
EFFECTS OF DIVORCE
The effects of divorce can include the following:
Child custody. This involves establishing who will have custody and how the other parent’s visitation rights will be managed.
Child support and spousal support. After the divorce, child support will be established, payable by the non-custodial parent. If applicable, spousal support will also be determined.
Dissolution of the marital property regime and division of assets. Marriage can be governed by one of the following three regimes: community property, separate property, and participation regime. The consequences and division of assets will differ depending on the regime governing the marriage.
Recognition of the divorce in the country of origin. According to agreements between Spain and some countries, the divorce decree can be recognized in the country of origin to be valid there.
WE HELP YOU WITH YOUR DIVORCE
If you are a foreigner and wish to divorce in Spain, you will need to meet a series of requirements for your divorce to be legally valid in Spain and have legal effect both in Spain and in your country of origin. At LN ABOGADOS LAWYERS, we help you with the process and offer:
Personalized advice on your situation.
Assistance with and management of your documentation.
Communication and procedures with the judicial authorities
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