Can you get divorced in Spain if you get married in the UK?

Divorce can be long-winded and complicated, and when your marriage took place in the UK but you’re now living in Spain, the situation becomes even more complex, and it can be hard to know where to start. Many British nationals ask whether it’s possible to get divorced in Spain, especially if their spouse remains in the UK or another country. The good news is that Spanish courts can manage divorces involving UK marriages as long as certain requirements are met. This means that if you live in Spain, you have the option of getting a divorce here.

Our team of English-speaking solicitors in Spain specialises in helping UK nationals understand and navigate these cross-border divorce issues. We provide clear, tailored advice so you can confidently decide the best course of action based on your personal circumstances.

Divorcing in Spain after a UK marriage

If you’re thinking about getting a divorce in Spain but got married in the UK, it’s important to understand where you can file for your divorce. In Spain, you can get a divorce even if you were wed in the UK if you meet certain living conditions. This means that even though your marriage certificate is from the UK, you need to show that you have a legal link to Spain in order to use its courts for your divorce.

Jurisdiction and residency requirements

In Spain, if you want to get a divorce, at least one of you (the spouses) needs to live here legally. Usually, this means you should have been living in Spain for at least a year. However, if both you and your spouse live in Spain or if Spain was where you both lived before, you can still proceed with the divorce. Your spouse doesn’t need to be in Spain for you to start the divorce process either. If your spouse is living in another country, the court will make sure they are formally notified about the divorce so that their rights are protected.

How does the divorce process work in Spain?

Once it’s clear which court has the authority to handle the divorce, you’ll want to familiarise yourself with how the process works in Spain. Generally, getting a divorce in Spain is simpler than in many other places because the focus is on finding practical solutions rather than blaming one partner or the other.

The simplified no-fault divorce system

In Spain, you can get a divorce without needing to show that you or your partner did something wrong. You can also start the divorce process just three months after getting married, which is quicker than in most other places. If both people agree on important issues like how to divide your belongings and who will take care of the children, the divorce can be done quite easily and quickly. However, if there are disagreements, the courts will step in to help settle those disputes fairly, following the laws about family matters in Spain, which is when the process can start to take longer.

What documents do you need to file for divorce in Spain?

Before you file for divorce in Spain, you’ll need to gather some essential documents that show proof of your marriage, where you live, and a few other important details. You cannot start your divorce without this paperwork, so it’s best to have it to hand before you approach one of our English-speaking solicitors. However, if you do not know where to start we can help you compile these documents.

Here is what you are going to need:

• Marriage certificate
• Proof of residence
• ID

Your UK marriage certificate must be officially apostilled and translated into Spanish by a certified translator. What’s more, proof of your residence in Spain, such as a padrón certificate or rental contract, is also necessary. You’ll also need valid identification documents, like your passport or NIE card. If you have children or shared assets, agreements regarding custody and property division should be prepared in advance.

Which legal system applies to your divorce?

When you decide to get a divorce in Spain, the important question is which country’s laws will apply to your situation. This choice can greatly influence how things like money, child custody, and property are handled. Typically, if you’re divorcing in Spain, Spanish laws will automatically take over. This means that Spanish rules will decide how to split up your belongings and determine parenting arrangements.

However, there are cases, especially those involving international assets or complicated finances, where both parties may agree to use UK laws instead. This might be more comfortable for British citizens, especially when there are long-term financial obligations or specific legal protections to consider. Choosing the right legal framework is a vital part of the divorce process, and our English-speaking solicitors in Spain will help you figure out which option works best for your situation.

Why do so many expats choose to divorce in Spain?

For many British people living in Spain, getting a divorce here can be more practical than going back to the UK for legal proceedings. Divorcing in Spain can save you a lot of time, money, and stress since you won’t have to travel internationally or deal with the lengthy court processes in the UK.

Spain also offers a more straightforward divorce system that allows couples to separate without assigning blame. Plus, the waiting times are generally shorter, which means you can often complete your divorce more quickly and with less emotional turmoil.

How our English-speaking solicitors in Spain can help

Going through an international divorce can be overwhelming, especially when dealing with different laws and systems. Our English-speaking lawyers in Spain are here to help UK citizens navigate every step of the divorce process. From figuring out if Spain is the right place to file for divorce to get all the necessary documents ready and translated, negotiating financial matters, and representing you in court, we provide support tailored just for you.

Whether your spouse is in Spain or still in the UK (or anywhere else), we make sure the process is smooth, professional, and as stress-free as possible. Our team is dedicated to helping you avoid common mistakes, protect your rights, and move on with clarity and confidence.

If you’re considering filing for divorce in Spain and want to explore your options, we’re here to help. Don’t hesitate to reach out to our team of English-speaking solicitors for a free, no-obligation consultation. You can contact us via email at info@gbabogados.co.uk, by calling +44 (0)20 3137 1320 or by reaching out through the form on our website. We’re here to help. No matter where your marriage started, we’ll ensure your divorce is handled with care and expertise in Spain.