Yes, it may be possible to divorce in Spain even if your marriage took place in another country. The fact that you married in the United Kingdom, the United States, another European country or elsewhere does not, by itself, prevent you from seeking a divorce in Spain.
However, two important questions need to be answered first: whether the Spanish courts have jurisdiction over your divorce and whether your marriage can be properly evidenced for the proceedings.
If you live in Spain and your spouse is a foreign national, you do not necessarily have to return to the country where you married to end your marriage.
As an English-speaking family lawyer in Madrid, I can help you understand which legal options may be available in your circumstances.
1. Does Spain have jurisdiction over my divorce?
Spanish courts may have jurisdiction over an international divorce under the applicable European or Spanish rules.
For proceedings within the scope of Regulation (EU) 2019/1111, jurisdiction may depend on factors such as:
- Where both spouses habitually live.
- Where the spouses last habitually lived together, provided one of them still lives there.
- Where the respondent habitually lives.
- Where either spouse habitually lives, in the case of a joint application.
- How long the applicant has habitually lived in the country before filing the application, and, in certain circumstances, their nationality.
For example, if you and your spouse live in Spain, Spanish courts may be able to deal with your divorce even if your marriage was celebrated abroad and neither of you is Spanish.
The correct jurisdictional ground must be assessed individually. The rules can be different when one spouse lives outside the European Union or when another country's courts are also potentially competent.
2. Is my foreign marriage certificate valid in Spain?
You will generally need documentary evidence of your marriage.
Depending on where and how the marriage was celebrated, the documents required may include:
- An official marriage certificate issued by the relevant foreign authority.
- An apostille or legalisation, where required.
- A sworn translation into Spanish, where necessary.
- Additional documents to establish the legal validity or recognition of the marriage.
The requirements depend on the country concerned, the type of certificate and the applicable international rules.
A marriage celebrated abroad is not automatically invalid in Spain simply because it was not celebrated by a Spanish authority. Nevertheless, the marriage must meet the requirements for recognition under the applicable law.
Registration in the Spanish Civil Registry may also be relevant. Whether it is necessary before proceeding, and what steps are required, should be checked in light of your particular circumstances and the procedure you intend to use.
3. Will Spanish law apply to my divorce?
Not necessarily.
The country whose courts can hear your divorce and the law that those courts must apply are two separate questions.
Where Regulation (EU) No 1259/2010 (Rome III) applies, the law governing the divorce is determined under its rules. In certain circumstances, spouses can agree to choose the applicable law from the options permitted by the Regulation. If there is no valid choice, the Regulation establishes connecting factors to determine the applicable law.
Consequently, a Spanish court may have jurisdiction to hear a divorce without Spanish substantive law necessarily governing every aspect of the case.
Issues such as child custody, child maintenance and the division of matrimonial assets may be governed by separate rules.
4. What if we have children, property or assets in another country?
International divorces can involve additional legal questions, particularly where:
- Children live in a different country from one or both parents.
- The spouses own property abroad.
- One spouse earns income or holds assets overseas.
- A foreign court has already made an order.
- The spouses disagree about the applicable law or the appropriate country for proceedings.
These issues should be considered before deciding where to file. Starting proceedings in the wrong country or overlooking a separate jurisdictional issue may lead to unnecessary delay and expense.
How can I help?
If you married abroad and are now considering divorce in Spain, I can review your circumstances, explain the available legal routes and help you understand the documents and steps involved.
I advise in English and Spanish, based in Madrid, and can assist with family-law matters throughout Spain, subject to the requirements of the particular case.
Contact Laura Rincón, Family Lawyer in Madrid, to discuss your situation and the next steps.
General information only. The appropriate jurisdiction, applicable law and documentary requirements depend on the individual case. This article does not constitute legal advice.
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