How does divorce in Spain differ from the UK?
Divorce can be a difficult and emotional journey, and when you’re living in Spain but you’re from and were married in the UK, the legal complexities can feel overwhelming. The differences between Spanish and UK divorce laws are significant, and these factors can be crucial when deciding where to file for divorce.
At Gascón Bernabéu, our team of English-speaking solicitors in Spain specialises in helping British nationals navigate the often-confusing process of divorce. We’re here to ensure that you have the expert support you need to make informed decisions about your future.
Divorce laws in Spain and the UK vary not only in process, but also in how they affect financial settlements, property division, and child custody. With so many factors at play, you’ll want to be sure to consider how each jurisdiction might impact your financial and personal future. Whether you’re just considering your options, or you’re already prepared to move forward, our team is here to guide you through every step of the process, helping you make the best choice based on your unique circumstances.
Divorce in Spain vs the UK – what is the main difference?
When it comes to divorce in Spain versus the UK, one of the most significant differences is the speed of the process. In Spain, couples can apply for divorce as early as three months after marriage, and if both parties are in agreement, the entire process can be completed in as little as one to three months.
On the other hand, divorce in the UK, particularly in England and Wales, takes considerably longer. You can apply for a divorce in the UK after you’ve been married for over a year. Since the introduction of no-fault divorce under the Divorce, Dissolution, and Separation Act 2020, the process has been simplified in terms of blame. However, it generally still involves a mandatory 20-week reflection period from the date of application, followed by a further six-week waiting period before the final divorce order can be granted. In total, the minimum time frame for a no-fault divorce is approximately 26 weeks, or about six months, with the possibility of delays if either party contests the terms.
Do I need to prove anything?
No, in both Spain and the UK, you don’t need to prove anything or show fault. Both countries now have no-fault divorce, which means you don’t need to prove that one party is to blame. All that’s required is confirming that the marriage has broken down irretrievably.
Before the change in the UK, you had to prove one of five reasons for divorce, such as adultery, unreasonable behaviour, or separation for a certain amount of time. This often led to stressful and emotionally demanding situations, as blame had to be assigned to one of the parties.
In April 2022, the UK introduced the Divorce, Dissolution and Separation Act, making no-fault divorce the law. This change was made to reduce conflict and make the process less stressful for everyone involved. Now, the focus is on the fact that the marriage has ended, rather than who is at fault.
Spain’s divorce process has always been more straightforward, especially in cases where both parties agree. There’s no need to prove fault, making it a simpler and less emotional process for everyone.
What about finances?
This is where things can really be different between the UK and Spain.
In the UK, finances are dealt with separately from the divorce. There’s no automatic 50/50 split of assets. Instead, the court looks at what is fair, considering factors like income, future earning potential, and the needs of each person. This often means the financially weaker spouse may be protected, but the division can vary based on the circumstances.
In Spain, things are usually simpler because many couples automatically fall under the “gananciales” system. This system treats everything you both earn or acquire during the marriage as joint property, and when you divorce, it’s typically split equally. However, if you and your spouse have previously agreed to a “separación de bienes” (separation of assets), your finances will be kept separate.
What happens with child custody?
Both here in Spain and in the UK, the courts focus on what’s best for the children when making decisions about custody. In Spain, courts increasingly favour joint custody, but it’s not guaranteed. In the UK, there’s no automatic assumption that children will spend equal time with each parent, but both parents usually keep parental responsibility. In both countries, parents are encouraged to work out the arrangements between themselves if possible.
If you have children, the country in which you get divorced can impact decisions about custody, visitation, and support. It’s a good idea to speak with one of our English-speaking solicitors in Spain early on to make sure your rights and your children’s well-being are protected.
Can I choose where to get divorced?
If you and your spouse are originally from the UK but now live in Spain, you might be able to get divorced in either country. In the UK, at least one of you needs to still consider it your permanent home (this is called being “domiciled”). In Spain, you can apply for divorce after living here for at least six months.
The choice of country where you decide to get divorced can affect how long the process takes and how things like finances are divided. If you’re not sure which country would be best for your situation, it’s best to speak to a legal expert who understands international divorce.
At Gascón Bernabéu, our experienced team of English-speaking solicitors in Spain will be able to guide you through every step of the divorce process, whether you choose to file here or back in the UK. We’ll help you understand your rights, prepare the necessary paperwork, and make sure the process goes as smoothly as possible.
If you’d like more information or personalised legal advice, get in touch with our team of English-speaking solicitors in Spain. Reach out to us today via the form on our website, send us an email at info@gbabogados.co.uk, send us a message on WhatsApp, or give us a call directly at +44 (0)20 3137 1320.