Will divorce affect my Spanish will?

Divorce and inheritance are sensitive and personal topics. If you’ve married abroad or emigrated to Spain, trying to get a general understanding of how a divorce can affect your Spanish will can feel complicated and even overwhelming, especially when you’re already managing the other challenges that come with separation. The Spanish legal system has its own rules that might be very different from what you’re used to, so it’s natural to have questions or concerns about what will happen to your assets and your loved ones.

At Gascon Bernabeu, we specialise in supporting English-speaking clients who find themselves navigating these complex issues. Whether you’re an expat, someone who has settled permanently in Spain, or part of a family with connections across borders, we’re here to make things clearer and easier for you.

Does divorce automatically change your Spanish will?

The short answer is no. Divorce in Spain does not automatically cancel or change your will. That said, it’s always a good idea to review and update your will after a divorce to make sure it clearly reflects your current wishes, whether that’s naming new beneficiaries or changing how your assets are distributed.
Where you were married matters

The country where your marriage took place can play a big role in how divorce and inheritance laws apply to you. This is especially important if you split your time between the UK and Spain or have property in both. Understanding which legal system takes precedence can help you avoid unwanted surprises later on. For example, if you were:

• Married in Spain: Spanish law applies to your marriage, divorce, and inheritance.
• Married in the UK: Your marriage is recognised in Spain, but how divorce affects your will can depend on whether the divorce took place in the UK or Spain. This can sometimes make things more complex, especially if you have assets in both countries.

To make sure your marital status and divorce are fully recognised in Spain, it’s important to register your marriage and divorce with the Spanish Civil Registry.

What happens if you have connections to more than one country?

If your life is spread between two countries, the legal side of divorce and wills can feel even more complicated. Different nations have their own rules, and these can sometimes overlap or even conflict. That’s where we can help. We specialise in bridging the gap between UK and Spanish law, guiding you through the process so you understand exactly where you stand. Whether you’re finalising a divorce, updating your Spanish will, or ensuring your assets are protected in both countries, we can make the process clearer, smoother, and less stressful, saving you time, money, and uncertainty in the long run.

Why it’s worth reviewing your will after divorce

In Spain, if you get divorced, the law acts as if your ex has already died when it comes to your will, meaning they can’t inherit from you. That might sound like you’re automatically covered, but it’s not that simple. Your will could still name them as an executor, trustee, or even include gifts that go through other routes. Plus, if you also have assets in the UK, the rules there are different, so your ex might still benefit unless you’ve updated your will.

That’s where we can help. We make sure your wishes are protected in both Spain and the UK, removing any legal loopholes and making everything clear for the people you care about. We bridge the gap between the two countries’ inheritance laws so you can be certain your estate ends up exactly where you want it to.

At Gascon Bernabeu Abogados, we understand how complex Spanish law can be, especially when combined with different countries’ legal systems. As a trusted team of English-speaking Spanish solicitors, we’re here to guide you through every step, from divorce to updating your will and beyond.

We pride ourselves on clear, personalised advice tailored to your individual situation, making the process as stress-free as possible. Plus, with our free, no-obligation consultation, you can get started immediately without the commitment to take things further if you don’t want to.

Get in touch today to speak with one of our expert English-speaking solicitors on +44 (0)203 137 1320, via WhatsApp, or can you fill out the contact form on our website.