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Divorce Law

A good divorce lawyer in Spain offers more than legal representation—they provide clarity, protection, and peace of mind. © istockphoto
A good divorce lawyer in Spain offers more than legal representation—they provide clarity, protection, and peace of mind.

Divorce Law

By Brenda Padilla & Catherine Cunningham

Divorce has been legal in Spain since shortly after the country became a democracy, but that doesn’t mean it ever became an easy path for a troubled marriage to take. 

Although divorce in Spain has become much more straightforward since the 2005 legal reform, it is still a legal process with important consequences. Whether the divorce is amicable (divorcio de mutuo acuerdo) or contested (divorcio contencioso), having a qualified Spanish divorce lawyer (abogado de familia) can make a significant difference. 

Why You Need a Good Divorce Lawyer in Spain

 Here's why:

1. Protecting Your Legal and Financial Rights

Spanish law requires the fair division of assets, but "fair" doesn't always mean equal. A good lawyer will help ensure that property, pensions, debts, and savings are divided appropriately, especially in cases involving separate or shared ownership (bienes gananciales vs. separación de bienes).

2. Handling Child Custody and Support

Custody arrangements (custodia compartida or custodia exclusiva) and child maintenance (pensión alimenticia) are some of the most sensitive aspects of a divorce. A knowledgeable lawyer can help ensure a fair outcome that protects both your rights as a parent and the best interests of your children.

3. Navigating the Spanish Legal Process

Even with the simplified process, divorce in Spain still involves court filings, judicial review, and often negotiations or mediation. A lawyer will guide you through the process, prepare all necessary documents, and represent you in court if needed—especially important in contested cases.

4. Avoiding Delays and Bureaucratic Errors

While Spanish divorce law is more flexible today, legal errors or missing documentation can still cause significant delays. An experienced lawyer ensures your case is handled correctly, avoiding unnecessary complications.

5. Support for International or Expat Divorces

If you or your spouse are foreign nationals, or if your marriage took place abroad, the legal situation can be more complex. A lawyer familiar with international family law and Spanish jurisdiction will ensure your divorce is recognized both in Spain and internationally.

 

In short, a good divorce lawyer in Spain offers more than legal representation—they provide clarity, protection, and peace of mind at one of the most stressful times in your life.