When a couple decides to end their marriage, one of the first questions that arises is how long the process will take.
The duration of a divorce in Spain is not always the same. It depends on several factors, including whether the spouses agree, whether they have minor children and how busy the court handling the case is.
Understanding the approximate timescales can help you approach the process with greater peace of mind and make decisions that may prevent unnecessary delays. Having a family lawyer involved from the outset can also make a difference between resolving a divorce relatively quickly and a process that continues for months.
In this guide, we explain how long a divorce in Spain usually takes, the main stages of the procedure and the factors that can affect its duration.
How long does a divorce take in Spain?
The time required to obtain a divorce depends mainly on the type of procedure involved. As a general guide, the following are common estimated timescales:
Uncontested divorce before a notary: This may take approximately one week to one month, provided the legal requirements are met, including that there are no unemancipated minor children or children for whom the spouses have judicially modified capacity to act with support measures attributed to their parents.
Uncontested divorce through the courts: Where court proceedings are required, the process may take approximately two to four months, although timescales vary considerably.
Contested divorce: If the spouses cannot reach an agreement and a judge must decide the arrangements, proceedings may take six months to more than a year, depending on the complexity of the case and the court’s workload.
These timescales are indicative only. The actual duration will depend on the court handling the case, the circumstances of the family and whether additional evidence or expert reports are required.
What factors affect the duration of a divorce?
Not every divorce progresses at the same pace. Several factors can speed up or delay the process. The most important include the following.
Whether the spouses agree
When both spouses agree to divorce and can reach an agreement on the arrangements for their future, the process is generally much quicker. By contrast, when there is a dispute and a court hearing is necessary, proceedings can take considerably longer.
Whether there are minor children
When a couple has minor children, additional safeguards are required to protect their rights and best interests. The Public Prosecutor may need to intervene, and the arrangements must be reviewed by the court. A divorce involving minor children cannot simply be completed before a notary.
The court’s workload
Family courts, particularly in large cities such as Madrid, often handle a high volume of cases. This can affect how quickly hearings are scheduled and judgments are issued.
The complexity of the couple’s assets
If the marriage involves several properties, businesses or other assets that need to be divided, dealing with the matrimonial property regime may add complexity. The division of assets can also require separate proceedings rather than being resolved as part of the divorce itself.
Expert or psychosocial reports
In divorces involving disputes over child custody, the judge may request reports from specialists. These assessments can add several months to the proceedings, depending on the circumstances and the availability of the relevant professionals.
The main stages of divorce proceedings in Spain
Although every case has its own particularities, most divorces follow a series of common stages.
1. Preparing the case
Before proceedings begin, the necessary documents must be gathered and the family’s personal and financial circumstances assessed.
At this stage, the following issues are usually considered:
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Child custody and parental responsibility.
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Child maintenance.
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Use of the family home.
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Division of assets and financial obligations.
Where the spouses agree, a convenio regulador (divorce settlement agreement) is also prepared. This document sets out the arrangements that will govern family life after the divorce.
2. Filing the divorce application
The next step is to file the divorce application with the competent court or, where legally permitted, arrange the divorce through a notary.
The application is normally accompanied by documents such as:
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The marriage certificate.
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The children’s birth certificates, where applicable.
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Proof of address or registration, where required.
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Identification documents.
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The divorce settlement agreement, in an uncontested divorce.
Once the application has been accepted for processing, the court proceedings formally begin.
3. Confirmation of the agreement or response to the application
In an uncontested divorce, both spouses generally need to confirm before the court that they wish to proceed with the divorce and accept the terms of the settlement agreement. The precise procedure depends on the circumstances of the case.
In contested proceedings, the respondent generally has 20 working days to file a defence after being formally served with the claim, subject to the applicable procedural rules.
4. Evidence and the court hearing
In a contested divorce, the proceedings continue with the submission and examination of evidence. This may include:
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Witness testimony.
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Expert reports.
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Financial documents.
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Psychosocial reports concerning the family or children.
A court hearing is then held, allowing the parties to present their positions and the judge to assess the evidence.
5. The divorce judgment
After considering the evidence, the judge issues a judgment dissolving the marriage and, where appropriate, determining the arrangements that will govern the family’s situation.
These measures may include:
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Child custody.
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Contact arrangements.
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Child maintenance.
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Spousal maintenance (pensión compensatoria).
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Use of the family home.
The divorce must then be recorded in the Spanish Civil Registry. The court normally arranges the relevant notification or registration following the judgment.
Uncontested divorce: The quickest option
When both spouses agree to divorce and can agree on the arrangements for their future, the procedure is generally simpler.
A convenio regulador is prepared, setting out the main arrangements, which may include:
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Child custody.
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Contact arrangements.
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Child maintenance.
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Use of the family home.
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Financial arrangements and, where appropriate, the division of assets.
If the agreement is clear, the documentation is complete and the necessary legal requirements are met, the divorce may be resolved within a few months.
It may also be possible to divorce before a notary where the law permits. This can reduce the time involved, although the availability of this option depends on the family circumstances and the applicable legal requirements.
Contested divorce: When there is no agreement
A contested divorce arises when the spouses disagree about the divorce arrangements and cannot resolve their differences through negotiation.
The judge must decide the disputed issues after considering the evidence submitted by both parties. For this reason, contested proceedings are generally longer and more complex.
In addition to the hearing, technical or expert reports may be required, particularly where there are disputes concerning child custody, the children’s welfare or the family’s financial circumstances.
Temporary measures while the divorce is pending
In some cases, it is necessary to regulate the family’s situation while the divorce proceedings are ongoing.
Provisional measures can establish temporary arrangements concerning:
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Child custody.
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Contact arrangements.
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Child maintenance.
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Use of the family home.
These measures are intended to provide stability and avoid uncertainty until a final judgment is issued.
The time required to obtain them varies. A hearing may take place within a few weeks or months of the application, depending on the court’s workload and the circumstances of the case.
Can you speed up a divorce in Spain?
Although some factors depend on the courts, there are several ways to help avoid unnecessary delays.
Try to reach an agreement where possible.
An uncontested divorce can significantly reduce the time involved, provided the agreement adequately addresses the relevant issues.
Prepare all the required documents correctly.
Missing or incorrect documentation can lead to requests for additional information and delay the proceedings.
Ensure the divorce settlement is clear and complete.
A poorly drafted agreement may lead to court requests for clarification or amendments, slowing down the process.
Obtain specialist legal advice from the beginning.
A family lawyer can help identify potential problems, explain your options and develop an appropriate legal strategy.
Why is it important to have a family lawyer?
Divorce is a legal process that can have significant personal and financial consequences.
A family lawyer can help you:
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Protect your legal rights.
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Safeguard your children’s best interests.
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Negotiate fair and workable arrangements.
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Avoid procedural mistakes.
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Reduce unnecessary delays.
Appropriate legal advice can also help you approach this stage of your life with greater clarity, confidence and legal certainty.
Conclusion
The time required to obtain a divorce in Spain depends mainly on the type of procedure, the level of agreement between the spouses and the family’s circumstances.
An uncontested divorce may be resolved within a few months, whereas contested proceedings can take considerably longer.
Planning the process carefully and obtaining legal advice from the outset can help avoid unnecessary delays and work towards a fair and timely outcome.
If you are considering divorce or need guidance on your particular circumstances, speaking to a family lawyer can help you understand your options and make informed decisions from the beginning.
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