Family law

The first and most important requirement to be able to divorce in Spain is that your marriage celebrated abroad has been previously registered in the Spanish Central Registry.

This can be done using a process  known as “exequatur”.Otherwise, the marriage would not be valid here, and therefore you would not be able to legally dissolve that bond.

On the other hand, as a second requirement or key point, to initiate a divorce in Spain from a foreign marriage, it will be essential to ensure that both spouses have their last residence in Spanish territory (something that can be demonstrated through the registration certificate), as long as one of them still resides there.

And if the divorce is by mutual consent, it will be sufficient for one of the two to have residency in Spain.

In summary, Spanish courts will not be competent, and therefore you will not be able to divorce in Spain when neither spouse is a Spanish national and neither resides in Spain, and when the claimant has been a resident in Spain for less than 6 months.

Once we can confirm that we meet these two requirements, we can proceed with all the steps of the divorce. As you can see, there are no requirements related to the reasons that lead you or both of you to end the marriage, as it is not necessary to demonstrate any specific cause.

Moreover, keep in mind that it is possible to carry out the divorce either by mutual consent (both parties agree) or if it is only the will of one of them.

The procedure will be the same as in the case of a national divorce, with the only difference being the documentation required.

Alternatively, if the demand is made by one of the two, at least the defendant should have Spanish residency.