Author Irina Firsova Immigration lawyer in Spain, member of the Barcelona Bar Association no. 46.385 Updated 18 September 2026 8 min read Message the author

Divorce in Spain for foreigners in 2026: notary, children, spouses’ rights and residence

Divorce in Spain is available to foreigners even if they married in Russia: what matters is not where the wedding took place but where you live. You can divorce three months after the wedding without giving a reason. If both spouses agree and there are no minor children, a notary grants the divorce; if there are children or no agreement, a court does. In 2025 Spain recorded 80,785 divorces, and in 7.5% of them both spouses were foreigners.

When you can divorce

Three months after the wedding — at the request of one spouse, both, or one with the other’s consent (Articles 81 and 86 of the Civil Code).
Immediately, without the three months, if there is a risk to the life, physical integrity, freedom or sexual integrity of the spouse or children.
No reason required. The law does not ask you to prove why the marriage broke down: the time period and the will of one spouse are enough.
The marriage is dissolved when the court judgment or decree becomes final or when the notarial deed is signed. For third parties, once it is entered in the Civil Registry (Article 89).

The route to divorce in Spain depends on two questions: do the spouses agree, and are there minor children.

Divorce by mutual consent before a notary

Since 2015 you can divorce without going to court — before a notary or a court clerk (letrado de la Administración de Justicia). The conditions (Articles 82 and 87 of the Civil Code, Article 54 of the Notaries Act):

both spouses agree to divorce;
there are no minor children and no adult children for whom a court has set support measures;
three months have passed since the wedding;
the spouses attend in person with a lawyer;
they sign an agreement on the effects of the divorce — the convenio regulador.

The notary is chosen by the last common residence or the residence of either spouse. If the agreement clearly harms one of them, the notary will warn them and may stop the process. A Spanish consul abroad cannot grant a divorce. In 2025, 15.9% of divorces were granted by notaries.

Divorce with minor children

If there are minor children, divorce goes only through court, even with full agreement (Article 777 of the Civil Procedure Act):

the application is filed with the marriage and birth certificates and the draft convenio regulador;
within three days the spouses are summoned to confirm the application — each separately;
the prosecutor gives an opinion on the terms affecting the children; the children are heard when necessary;
the court issues a judgment and approves the agreement unless it harms the children or seriously disadvantages one spouse.

In a divorce by agreement the spouses may share one lawyer and one procurador. The court is chosen by the last common residence or the residence of either spouse.

If the other spouse does not agree

Then the divorce is contested (Article 770): each needs their own lawyer and procurador, the parties attend court in person, and children over 12 must be heard. All measures — custody, maintenance, the home — are decided by the judge. At any stage you can reach agreement and switch to a divorce by consent or pause the case for mediation. Individuals pay no court fee (Article 4 of Law 10/2012).

What the convenio regulador covers

The agreement on the effects of divorce under Article 90 of the Civil Code sets out:

who the children live with and how the other parent sees them;
contact between grandchildren and grandparents, if needed;
what happens to pets;
who uses the family home;
child maintenance and contributions to family expenses;
division of common property;
a compensatory payment to a spouse, if due.

An approved agreement can be enforced, and changed by a new agreement or through the court if circumstances change.

Spouses’ rights: children, maintenance, home, compensation

Custody. Joint custody is granted when the parents agree, and without agreement only exceptionally, if it is best for the child. It is excluded in cases of criminal proceedings for violence (Article 92). In 2025 joint custody was granted in 50.8% of divorces with children.
Child maintenance. The law sets no amount: it is proportionate to the payer’s means and the child’s needs (Articles 93 and 146). Maintenance is also paid for adult children without income who live at home.
The family home. Without agreement, it is used by the minor children and the parent they live with until the children come of age. During that time the home can be sold only with both spouses’ consent or court permission (Article 96).
Compensatory payment (pensión compensatoria). Due to a spouse whose financial position after divorce becomes significantly worse than the other’s. It can be temporary, indefinite or a lump sum, and ends on remarriage or cohabitation with a new partner (Articles 97 and 101).

How property is divided

As a general rule, without a marriage contract the community property regime applies — sociedad de gananciales: what was acquired during marriage is split in half (Articles 1316 and 1344).
In Catalonia and the Balearic Islands separate property is the default (Article 231-10 of the Catalan Civil Code, Articles 3 and 67 of the Balearic Compilation). Aragon and parts of the Basque Country have their own regimes.
For foreigners the law applicable to property depends on the date of marriage. For marriages after 29 January 2019, Regulation (EU) 2016/1103 applies: the law chosen by the spouses or, without a choice, the law of their first common residence after the wedding. For earlier marriages, Article 9.2 of the Civil Code — usually the law of common nationality at the time of marriage. For two Russians married before 2019 this is usually Russian law.

Divorce of foreigners in Spain: which court and which law

Which court. Under Regulation (EU) 2019/1111 a Spanish court may grant a divorce if the spouses habitually live in Spain, if the respondent lives here, if in a joint application one spouse lives here, or if the applicant has lived in Spain for at least a year. Nationality and the place of the wedding do not matter.
Which law. Under Rome III, without a choice the law of the country where the spouses habitually live applies — Spanish law for those living in Spain. In writing you may choose the law of one spouse’s nationality, for example Russian law.
Documents from Russia — marriage and children’s birth certificates — must be translated; see our article on sworn translation for Spain.

Is a divorce granted in Russia recognised in Spain?

In 1990 Spain and the USSR signed a convention on legal assistance in civil matters (published in the BOE in 1997). Under it, final court judgments are recognised without a separate procedure unless challenged; the application includes a certified copy of the judgment, proof that it is final and translations. Whether the convention applies in relations with Russia should be checked with a lawyer before filing.

If no treaty applies, the judgment is recognised through exequátur under Law 29/2015: a claim in a court of first instance with a lawyer and procurador, with the judgment apostilled and translated. If one spouse is a Spanish citizen, the divorce must be entered in the Spanish Civil Registry. How a divorce registered at a Russian civil registry office without a court is recognised is not expressly set out in the law — such cases are assessed individually.

What happens to your residence permit after divorce

If your permit was granted as a spouse, divorce does not cancel it automatically, but you must notify the authorities. You can keep the right of residence:

as the spouse of an EU or Spanish citizen — if the marriage lasted at least three years before proceedings began, at least one of them in Spain; or custody of the children was granted to you; or you have access rights to a child living in Spain; or you were a victim of violence. For the permit for relatives of Spanish citizens, apply within six months. More in our guide to the EU family member card;
as a spouse who came through family reunification — if the marriage lasted three years and you lived together in Spain for at least one year (less with custody of children), or in cases of violence; apply within six months. More in our guide to family reunification.

If the divorce happens while you are waiting for citizenship by marriage, the risks are covered in Spanish citizenship by marriage.

Documents, how the marriage file works and what marriage gives you in residence and tax terms is covered in marriage in Spain for foreigners.

Frequently asked questions

Can you divorce in Spain if you married in Russia?

Yes. A Spanish court has jurisdiction if the spouses habitually live in Spain or the respondent lives here; the place of the wedding does not matter. Without a choice of law, Spanish law applies.

Can you divorce before a notary in Spain?

Yes, if both spouses agree, there are no minor children and three months have passed since the wedding. You need to attend in person with a lawyer and sign a convenio regulador.

Only through court under Article 777 of the Civil Procedure Act: an application with the agreement, confirmation by each spouse, the prosecutor’s opinion and a court judgment. One lawyer for both spouses is allowed.

What are a wife’s rights on divorce in Spain?

The same as the husband’s: half of the common property under gananciales, child maintenance, use of the home if the children stay with her, and a compensatory payment if her financial position becomes significantly worse after divorce.

How long do you have to be married to divorce?

Three months from the wedding. If there is a threat to the life, freedom or integrity of the spouse or children, there is no need to wait.

Will I lose my residence permit after divorce?

Not automatically. The spouse of an EU or Spanish citizen keeps the right if the marriage lasted three years, one of them in Spain, or there is custody or access to a child, or there was violence. You must notify the authorities of the divorce.