Divorce, child custody, international parental disputes, prenuptial agreements and inheritance matters.
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If you and your spouse are from different countries, EU Regulation Rome III may determine applicable law. A family lawyer can advise on your specific situation.
Courts prioritise the child's best interests. International custody disputes may involve the Hague Convention. Always use a specialist family lawyer.
Browse our verified directory of law firms across Spain's major cities. All listed firms offer English-language legal services to expats and foreign nationals.
Find My Lawyer in 60 SecondsSpanish family law is primarily in the Código Civil (arts. 85–107) for divorce and arts. 90–101 for the convenio regulador. The Juzgado de Familia (within the Tribunal de Primera Instancia) handles all family matters. Since Ley 15/2015 (Jurisdicción Voluntaria), divorce by mutual consent without minor children can be completed before a notario — no judge needed.
| Divorce Type | Ref. | Court? | Duration | Abogado Cost (total) |
|---|---|---|---|---|
| Mutuo acuerdo — ante notario | CC art. 87 + Ley 15/2015 | ❌ Notario only | 1–3 months | €600–1,500 per party (each needs own abogado) |
| Mutuo acuerdo — ante juez (with minor children) | CC art. 86 + LEC | ✅ Juzgado Familia | 2–6 months | €800–2,500 per party + procurador |
| Contencioso (contested) | CC art. 86, LEC | ✅ Full trial | 12–36 months | €2,500–10,000+ per party |
Spain does not have a legally binding maintenance table (unlike Germany's Düsseldorfer Tabelle). Courts use the Tabla de pensiones de alimentos CGPJ (Consejo General del Poder Judicial) as a non-binding reference — approved November 2019. Figures below are indicative.
| Net Monthly Income (paying parent) | 1 child (€) | 2 children (€) | 3 children (€) |
|---|---|---|---|
| €1,000 | €150–200 | €250–300 | €300–360 |
| €2,000 | €250–350 | €380–500 | €480–620 |
| €3,000 | €350–450 | €520–680 | €660–850 |
| €5,000+ | €500–700 | €750–1,000 | €900–1,200 |
| Regime | Applies Where | Effect on Assets |
|---|---|---|
| Sociedad de gananciales (default national) | Most of Spain (default if no capitulaciones) | Assets acquired during marriage shared 50/50; pre-marriage assets stay private |
| Separación de bienes | Cataluña (default), Baleares, Valencia (optional elsewhere) | All assets remain private — no automatic sharing on divorce |
| Participación | Optional nationwide via capitulaciones matrimoniales | Like separación during marriage; participación in gains on dissolution |
International couples: the EU Matrimonial Property Regulation (EU 2016/1103) applies — habitual residence at time of marriage or closest connection determines applicable law. Capitulaciones matrimoniales (prenuptial agreement): must be notarised.
