Divorce and Separation

Divorce is an important decision. Knowing how to navigate it matters too.

Divorce is about more than simply bringing a marriage to an end.

You need to decide what will happen to your children, the family home, maintenance payments, assets and, more generally, how family life will be organised after separation.

As a family lawyer, I help you understand your options and make informed decisions, with a clear understanding of the legal consequences of each one.

Divorce by Mutual Agreement

When both spouses agree, the consequences of the divorce can be regulated through a divorce agreement.

Depending on the circumstances, the agreement may cover:

  • Child custody arrangements.

  • Contact, time spent with each parent and communication arrangements.

  • Child maintenance.

  • Extraordinary expenses relating to the children.

  • Use of the family home.

  • Spousal maintenance, where applicable.

  • Division or settlement of assets, where appropriate.

An agreement should do more than resolve the immediate situation. It is important that the arrangements are clear and workable in everyday life.

Contested Divorce

When there is no agreement, the divorce must be dealt with through court proceedings.

The proceedings may involve disputes concerning arrangements for the children, maintenance payments, use of the family home and, where applicable, other financial matters between the spouses.

I work with you to assess what you wish to request, what can be substantiated and which documents and evidence may be relevant to your case.

Divorce with Children

When children are involved, one of the key issues is organising their lives after separation.

Custody, time spent with each parent, holidays, important decisions, child maintenance and expenses are among the matters that need to be addressed.

There is no single family arrangement that works for every family. The children's ages, school and work schedules, the distance between the parents' homes and each parent's circumstances are all factors that need to be considered.

Divorce without Children

Even when there are no children, divorce can raise important financial and property-related issues.

The family home, mortgage, jointly owned assets, spousal maintenance and matrimonial property regime may all require specific legal consideration.

International Divorce

If you married outside Spain, have different nationalities, one of you lives in another country or your children live abroad, your divorce may involve an international element.

In these cases, it is necessary to determine which courts have jurisdiction, which country's law may apply and what legal effects the resulting decision will have.

Considering Divorce?

Before starting proceedings, it is important to understand your options and what may happen to the issues that concern you most.

Tell me about your situation, and we can explore how your divorce could be handled.

Laura Rincón
Family Lawyer in Madrid

In-person appointments in Madrid and online consultations.