Divorce in Barcelona: Uncontested and Contested | M&C Abogados
Divorce in Barcelona: Fast, with lawyers who support you from start to finish
We handle your divorce with a clear focus: protecting your interests and giving you peace of mind.
We'll be there for you and look out for your best interests throughout the entire process
If you’re thinking about getting a divorce, the most important thing is to do so safely and without unnecessary complications. At Martínez & Caballero Abogados, we handle your uncontested divorce (express divorce), contested divorce, and, when possible, divorce before a notary, with a clear focus: protecting your interests and giving you peace of mind.
A solid regulatory agreement with no “loose ends”
Advice on Children, Housing, and Pensions
Online and In-Person Processing in Barcelona
What divorce options are available in Spain?
In Spain, either spouse may file for divorce, one spouse may file with the other’s consent, or even one spouse alone may file—without having to cite grounds, as was required before the reform.
What differs between one option and another is the level of agreement, the timelines, and the cost.
Types of Divorce We Handle in Barcelona
Divorce by Mutual Consent (Expedited Divorce)
This is the fastest and most cost-effective option when both of you agree to divorce and on the terms (children, housing, alimony, division of property, etc.). It is formalized through a settlement agreement and is typically processed through the courts with the assistance of an attorney and a court representative.
Ideal if you want: speed, lower costs, and fewer conflicts.
Contentious divorce
If no agreement is reached, litigation proceedings begin so that a judge can determine the terms (custody, child support, use of the home, etc.). This requires a clear legal strategy from the outset.
Ideal if: there are disagreements regarding children, finances, housing, or communication breakdowns.
Divorce Before a Notary (When It's Possible)
In certain cases, by mutual agreement and when there are no minor children, a divorce may be finalized before a notary (with legal representation). The General Council of Notaries states that if there are minor children, the divorce cannot be finalized before a notary and must be processed through the courts.
Ideal if: you’re looking for a very quick process and you meet the requirements.
What Our Divorce Service Includes
Initial Analysis and Strategy
Review of Your Situation (Children, Housing, Finances, Assets)
Recommendation on the most appropriate course of action (mutual agreement / litigation / notarial procedure)
Initial Analysis and Strategy
Custody and Visitation Arrangements
Child Support and Extraordinary Expenses
Use of the Family Home
Allocation of Expenses (Mortgage, Rent, Utilities)
Compensatory alimony (if applicable)
Pets Policies (if applicable)
Processing and Monitoring of the Procedure
Preparation of the complaint and supporting documentation
Coordination with the attorney general (when applicable)
Tracking Deadlines and Case Status
Clear communication with you at every stage
Post-divorce counseling (highly rated)
Subsequent size changes (if necessary)
Concerns about compliance, nonpayment, or changes in circumstances
Why Choose Martínez Caballero Abogados
In practice, it is usually necessary to gather basic documentation such as a marriage certificate, children’s birth certificates (if any), and proof of residency, as well as financial information if alimony is to be determined or expenses are to be divided.
Clear language: You'll know what's being done and why
Practical approach: We seek solid agreements whenever possible
Experience in family law proceedings in Barcelona
Personalized service. Online and in-person support
Estimated Timeframes: How Long Does a Divorce Take?
The timeframes vary depending on the court and the complexity of the case, but in general:
Mutual agreement: This is usually the quickest option, since a signed agreement is in place.
Litigation: It may be prolonged due to negotiations, evidence presentation, and hearings.
If the circumstances allow for a notary, the process is usually faster because it involves a mutual agreement with no minor children.
Documents Required to File for Divorce
In practice, it is usually necessary to gather basic documentation such as a marriage certificate, children’s birth certificates (if any), and proof of residency, as well as financial information if alimony is to be determined or expenses are to be divided.
Quick Checklist:
Certified Marriage Certificate
Children’s birth certificates (if applicable)
Certificate of Residence
Financial documents (pay stubs, income statements, mortgage/rent payments, etc.)
Title deeds/simple note indicating whether there is a home or other property
Cost of Divorce in Barcelona
To make things clear from the start, on this page we provide a “starting at” figure and adjust it based on your specific situation.
Divorce by Mutual Consent (Express)
Starting at €484, including VAT, per spouse (subject to service terms and conditions).
Includes: Attorney + Agreement.
Notarial (without minor children)
Starting at €363, including VAT, for two spouses, plus notary fees.
Includes: Attorney + Agreement.
Contentious divorce
A personalized quote, as it depends on the level of conflict, the measures to be requested, and the complexity of the estate.
Estimated Timeframes: How Long Does a Divorce Take?
The timeframes vary depending on the court and the complexity of the case, but in general:
Mutual agreement: This is usually the quickest option, since a signed agreement is in place.
Litigation: It may be prolonged due to negotiations, evidence presentation, and hearings.
If the circumstances allow for a notary, the process is usually faster because it involves a mutual agreement with no minor children.
Frequently Asked Questions About Divorce in Barcelona
How much does a divorce in Barcelona cost?
The cost of a divorce depends on the type of proceeding. A divorce by mutual agreement is usually less expensive because the parties reach a consensus and submit a joint settlement agreement. A contested divorce typically costs more because it involves a more complex legal process. It is always advisable to request a personalized quote based on the specifics of your case.
What is the difference between a divorce by mutual consent and a contested divorce?
A divorce by mutual agreement occurs when both spouses agree to divorce and to the terms (custody, housing, alimony, etc.). It is faster and less expensive.
A contested divorce is filed when there is no agreement, and a judge must determine the terms after assessing each party’s situation.
Is it necessary to cite grounds for a divorce in Spain?
No. In Spain, it is not necessary to cite a specific reason to file for divorce. It is sufficient for one of the spouses to express their desire to divorce.
How long does a divorce take in Barcelona?
The timeframe depends on the type of divorce and the court. A divorce by mutual agreement can be finalized in a few months, while a contested divorce may take longer due to the need for evidence, court hearings, and possible appeals.
What is the regulatory agreement, and what does it include?
The divorce settlement agreement is the document that sets forth the terms of a divorce by mutual consent. It includes aspects such as:
Child Custody and Visitation Arrangements
Alimony
Use of the Family Home
Distribution of Economic Burdens
Compensatory alimony, if applicable
It is a key document that must be drafted with precision to avoid future disputes.
Can I get a divorce if my spouse doesn't want to?
Yes. You can file for divorce even if the other party does not agree. In that case, the proceedings will be contested, and the judge will decide on the applicable measures.
Can the terms be modified after the divorce?
Yes. If there is a substantial change in your financial or personal circumstances (for example, job loss or a change of residence), you can file a motion with the court to modify the order.
What documents do I need to file for divorce?
The following are typically required:
Certified Marriage Certificate
Birth certificates for the children
Certificate of Residence
Financial documents (pay stubs, tax returns, mortgage statements, etc.)
Depending on the situation, additional documents may be required.
Is it mandatory to hire a lawyer to get a divorce?
Yes. In both uncontested and contested divorces, the involvement of an attorney and a legal representative is mandatory, except in cases of divorce before a notary, where legal representation is still required.
Can a divorce be finalized before a notary?
Yes, but only in certain cases. A divorce before a notary is possible when it is by mutual agreement and there are no minor children or dependent children with disabilities. If there are minor children, the divorce must be processed through the courts.
What happens with child custody in a divorce?
Custody may be shared or granted exclusively to one parent, always in the best interests of the child. The judge will consider factors such as each parent’s involvement, stability, availability, and family environment.
How is child support determined?
Child support is calculated based on the children’s needs and the parents’ financial capacity. It covers basic expenses such as food, housing, education, and health care, and may be supplemented by extraordinary expenses.
What happens to the family home after a divorce?
The right to use the family home is typically granted to the custodial parent and the minor children, although each case is different. It is also necessary to determine whether the home is owned by one or both spouses and whether there is a mortgage.
What is alimony?
Alimony may be awarded when one of the spouses is left in a situation of financial imbalance following the divorce. It is not automatic and depends on factors such as the duration of the marriage, dedication to the family, and employment status.
What happens if my ex-partner doesn't pay child support?
Failure to pay alimony can be addressed through the courts. There are mechanisms in place to enforce the court’s decision and ensure compliance with the financial obligations established in the divorce decree.
Does divorce affect an inheritance or jointly owned property?
Yes. Divorce involves the dissolution of the marital property regime and may require the division of marital or joint property. It is important to assess the couple’s assets before initiating the proceedings.
Can I get a divorce even if we've only been married for a short time?
Yes. Currently, there is no minimum waiting period required to get a divorce. It is sufficient for three months to have elapsed since the marriage was solemnized, except in exceptional circumstances.
What is the difference between separation and divorce?
Separation suspends cohabitation but does not dissolve the marriage bond. Divorce, on the other hand, does end the marriage and allows a person to remarry in the future.
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