Divorce Lawyer in Toledo and Madrid

Divorce in Spain is available to either spouse once three months have passed since the marriage, without proving fault and without a prior separation. We handle uncontested and contested divorces for Spanish and foreign spouses in Toledo, Madrid and the surrounding provinces.

Types of divorce in Spain

Uncontested divorce

Both spouses agree on the terms, which are set out in a settlement agreement (convenio regulador). It can be approved by a court or, if there are no minor children, formalised before a notary with the assistance of a lawyer.

Contested divorce

If there is no agreement, either spouse can file for divorce without the consent of the other. A judge decides on custody, maintenance, the family home and spousal support after hearing both sides.

Legal separation and annulment

Separation allows spouses to live apart while remaining married. Annulment is an exceptional route that requires a legal ground, such as the absence of valid consent.

What the agreement or judgment covers

Children

Custody (sole or joint), visiting arrangements and child maintenance, including extraordinary expenses.

The family home

The use of the family home is normally linked to the custody of minor children and does not change ownership.

Spousal support

A compensatory pension may be awarded when the divorce creates an economic imbalance for one spouse in comparison with the other.

Marital property

The marital property regime is dissolved and must be liquidated. In Castilla-La Mancha the default regime is the community of acquests (sociedad de gananciales).

Divorce for foreign spouses

Jurisdiction

Spanish courts may have jurisdiction if the spouses habitually reside in Spain, or on the other grounds provided by Regulation (EU) 2019/1111. We check this before filing.

Applicable law

Under the Rome III Regulation the spouses can in some cases choose the law that governs their divorce. Otherwise the law is determined by objective criteria such as habitual residence.

Documents from abroad

Marriage and birth certificates issued abroad normally need an apostille and a sworn translation into Spanish.

Documents you will usually need

• Passport or ID of both spouses
• Marriage certificate
• Birth certificates of the children
• Proof of residence
• Recent payslips or tax returns and bank statements
• Property deeds and mortgage or loan documents
• Prenuptial agreement or marital property agreement, if any

Frequently asked questions

How long do I have to be married before I can divorce in Spain?

Three months from the date of the marriage, except where there is a risk to the life, physical integrity, freedom or moral integrity of the spouse or the children.

Can I divorce if my spouse does not agree?

Yes. Divorce in Spain does not require fault or the consent of the other spouse.

Do we need separate lawyers?

In an uncontested divorce the law allows both spouses to be assisted by the same lawyer, although each may have their own. In a contested divorce each spouse needs a separate lawyer.

Is a divorce granted abroad valid in Spain?

It may need to be recognised in Spain before it produces effects here, for example to update the Civil Registry. The procedure depends on the country where the judgment was issued.

What happens to the family home?

If there are minor children, its use is normally attributed to the children and to the parent who lives with them. Ownership does not change.

Related legal matters

• Family lawyer in Toledo
• Child custody lawyer in Toledo

Contact us

Tell us about your situation and we will explain which type of divorce suits you and how we can protect your children and your assets. Call us on +34 925 222 966, message us on WhatsApp or visit our contact page.