Family and divorce lawyers in Marbella.

01

Uncontested and contested divorce

Spanish law does not require a reason for divorce: as a rule, three months must have passed since the wedding and one spouse must ask for it. By mutual consent, everything is set out in a settlement agreement (convenio regulador). With no non-emancipated minor children and no adult children under court-ordered support measures entrusted to the parents, it can be signed before a notary, without going to court; both spouses attend in person, assisted by a lawyer. With minor children, a judge must approve the agreement.

Without agreement, the divorce is contested. Since 2025 the law generally requires the parties to try a negotiated solution first; a well-framed proposal often avoids a trial. Where the situation calls for it, interim measures can be requested from the outset.

02

International divorce: where, and under which law

Divorcing in Spain does not mean Spanish law applies. Within the EU, Regulation (EU) 2019/1111 decides which courts have jurisdiction, mainly by the spouses' habitual residence, and Regulation (EU) No 1259/2010 (Rome III), in which Spain participates, decides which law applies: the one the spouses chose in writing or, failing that, generally the law of their habitual residence when the claim is filed. Choosing the forum well can change the outcome on maintenance and assets; we assess it before any step is taken and work with your lawyer in the other country.

A divorce from another EU Member State is recognised in Spain without any special procedure. Those from outside the EU, now including the United Kingdom, need exequatur from the Spanish courts under Law 29/2015 on international legal cooperation in civil matters.

03

Assets, the family home and prenuptial agreements

The matrimonial property regime decides what belongs to whom. For marriages celebrated on or after 29 January 2019, Regulation (EU) 2016/1103 applies the law chosen by the spouses or, failing a choice, generally that of their first common habitual residence after the wedding. A foreign couple may remain subject to their home country's regime while living in Marbella; where Spanish common law applies with no agreement, the regime is community of acquired property (gananciales).

• Winding up the property regime, covering assets in Spain and abroad.
• The shared home in Marbella: transfer to one spouse, sale or division, with the tax cost worked out before anything is signed.
• With minor children and no agreement, use of the family home goes to the children and the parent they live with until all of them come of age.
• Marriage contracts and prenups, executed as a public deed before or after the wedding: separation of property or choice of the applicable law.

04

Children, maintenance and unmarried couples

Custody, contact, child maintenance and spousal compensation (pensión compensatoria) can be varied when circumstances change substantially, such as a move abroad or a significant change in income. We handle these variation proceedings, by agreement or in court.

Unmarried couples can register with the Andalusian Registry of Unmarried Couples (parejas de hecho) under Law 5/2002 if at least one partner lives here. That law lets them agree their financial arrangements during the relationship and for when it ends; it is wise to do so in writing, before a notary.