Got married abroad? Live in Spain? Need your divorce recognised here?

If your marriage or divorce involves more than one country, the process may be different from a purely domestic divorce in Spain.

You may have married abroad and now live in Spain. Your spouse may live in another country. Or you may already have a divorce judgment from abroad and need it to have legal effect in Spain.

Each situation needs to be assessed individually.

Can I get divorced in Spain if I got married abroad?

In many cases, yes.

The fact that your marriage took place outside Spain does not, by itself, determine where you must get divorced.

Jurisdiction may depend on factors such as:

• Where you and your spouse live.

• Your habitual residence.

• The habitual residence of your children, where relevant.

• Your nationalities.

• The countries involved in your family situation.

Before starting proceedings, I can assess whether Spain may be an appropriate jurisdiction for your divorce.

I got married abroad and now live in Spain

If you are living in Madrid or elsewhere in Spain and your marriage was celebrated in another country, you do not necessarily need to return to that country to deal with your divorce.

The first step is to examine your circumstances and determine what options may be available in Spain.

This can be particularly important where your spouse lives abroad or you have children in different countries.

I have already been divorced abroad. Is my divorce valid in Spain?

A foreign divorce judgment may need to be recognised in Spain before it can produce certain legal effects here.

The procedure depends on the country where the judgment was issued and on the rules applicable to that particular case.

Depending on the circumstances, recognition may take place through different legal mechanisms.

What is an exequatur?

An exequatur is a judicial procedure that can be used in certain cases to obtain recognition in Spain of a foreign court decision.

However, not every foreign divorce judgment necessarily requires an exequatur.

The applicable procedure depends on the country involved, the date and nature of the decision and the legal framework applicable to the case.

I can review your judgment and explain what steps may be required.

Recognition of a foreign divorce in Spain

You may need to deal with recognition of your foreign divorce if, for example:

• You need to update your marital status in Spain.

• You want your divorce to be recognised by Spanish authorities.

• You need to remarry in Spain.

• You need to deal with property or other legal matters following your divorce.

• Your foreign judgment also contains decisions concerning children or financial obligations.

The exact requirements and documentation will depend on your case.

What documents may be needed?

Depending on the circumstances, you may need documents such as:

• The foreign divorce judgment.

• Evidence that the judgment is final.

• Marriage documentation.

• Certificates relating to the judgment.

• Apostille or legalisation, where applicable.

• Sworn translations into Spanish, where required.

I will explain which documents are relevant to your particular case before starting the procedure.

International divorce involving children

If you have children and one parent lives in another country, there may be additional issues concerning:

Custody · Contact arrangements · Child support · International travel · Relocation · Recognition and enforcement of decisions

These matters need to be considered separately from the divorce itself.

English-speaking family lawyer in Madrid

I am Laura Rincón, a Family Lawyer based in Madrid.

I assist clients who live in Spain and clients living abroad who need legal assistance in connection with a family matter involving Spain.

Consultations are available in English or Spanish, either in person in Madrid or online.

Do you need to deal with a divorce involving another country?

Tell me where you were married, where you and your spouse currently live and whether you have children.

I can review your situation and explain what legal steps may be available.

Laura Rincón
Family Lawyer in Madrid, Spain