International couples often ask us the same question:

“Can I divorce in Spain if I no longer live there?”

The answer is: possibly, yes — but it depends on your circumstances.

In many cases, a divorce in Spain may be possible even if one or both spouses live abroad. However, before starting the process, it is essential to check whether the Spanish courts have jurisdiction, which law may apply, whether there are children or assets involved, and whether the divorce can be handled by mutual agreement.

At Bennet & Rey, we advise international clients in English and Spanish on divorce and family law matters in Spain.

When Can You Divorce in Spain If You Live Abroad?

Whether you can divorce in Spain depends mainly on the connection between your marriage and Spain.

Spanish courts may have jurisdiction in certain cases, for example where:

• one or both spouses are habitually resident in Spain;
• the spouses had their last habitual residence in Spain and one of them still lives there;
• the respondent lives in Spain;
• one of the spouses is Spanish, depending on the circumstances;
• there are children living in Spain;
• there are relevant family or legal connections with Spain.

In international divorce cases, jurisdiction must be analysed carefully before filing the divorce petition. This is especially important when spouses live in different countries or have different nationalities.

Can the Divorce Be Managed Remotely?

In many cases, yes.

If you live abroad, much of the process can often be handled remotely with the assistance of a Spanish lawyer. Communication can usually take place by email, video call and secure document exchange.

Depending on the case, you may be able to:

• receive legal advice remotely;
• send documentation from abroad;
• sign certain documents before a notary or at a Spanish consulate;
• grant a Power of Attorney to your lawyer or court representative;
• avoid unnecessary travel to Spain.

However, the exact requirements will depend on the court, the type of divorce and the documents needed.

But at least once, you will need to come to Spain.

Mutual Agreement Divorce from Abroad

A mutual agreement divorce is usually the most efficient option when both spouses agree on the main terms.

This may include agreement on:

• divorce itself;
• child custody and parental responsibility;
• child maintenance;
• use of the family home;
• spousal maintenance, if applicable;
• division or liquidation of assets;
• practical arrangements for children living in different countries.

In Spain, a mutual agreement divorce normally requires a settlement agreement, known as a convenio regulador. This document sets out the terms agreed by both spouses and is submitted to the court for approval.

If children are involved, the Spanish court and the public prosecutor will review whether the agreement protects the children’s interests. So you will need to come to Spain at least once.

Contested Divorce When You Live Abroad

If there is no agreement, the divorce may become contested.

A contested divorce is usually more complex, especially when one spouse lives abroad or when there are international elements such as:

• children living in another country;
• relocation disputes;
• international custody arrangements;
• assets in Spain and abroad;
• disagreement about maintenance;
• difficulty serving court documents on the other spouse.

In these cases, early legal advice is particularly important.

In a contesed divorce you will need to come for the Hearing. The first strategic question is often not simply “Can I divorce?”, but:

Where is the best place to start the divorce proceedings?

Starting proceedings in the wrong country can create delays, additional costs and jurisdictional problems.

What Documents May Be Needed?

The documents required will depend on your case, but commonly include:

• marriage certificate;
• birth certificates of children, if applicable;
• proof of residence;
• passports or identity documents;
• NIE, if available;
• documents relating to income, assets or property;
• previous agreements between the spouses;
• evidence of children’s schooling or residence, where relevant.

If documents are issued outside Spain, they may need to be legalised or apostilled and translated by a sworn translator.

This is one of the reasons why international divorce should be prepared carefully from the beginning.

Do I Need to Travel to Spain?

Not always.

In many cases, international clients can avoid travelling to Spain by giving proper authorisation to their Spanish legal representatives. However, this must be assessed case by case.

You may still need to travel or make arrangements for formal signatures if:

• the court requires personal ratification;
• the documents have not been properly prepared;
• there are urgent issues;
• there is a hearing;
• the divorce is contested;
• child-related matters require closer judicial assessment.

A good legal strategy should clarify this at the beginning, so that you know what to expect before starting the process.

Why Legal Advice Matters in International Divorce

International divorce is not only about ending a marriage.

It may also affect:

• where your children live;
• how parental responsibility is exercised;
• how travel and contact arrangements work;
• whether maintenance is payable;
• how Spanish property is dealt with;
• whether foreign judgments must be recognised;
• how the divorce will be registered or used in another country.

This is why international divorce requires both technical legal knowledge and a practical understanding of cross-border family situations.

How Bennet & Rey Can Help

At Bennet & Rey, we assist international clients with divorce and family law matters in Spain.

We can help you:

• assess whether you can divorce in Spain;
• review the international jurisdiction issues;
• advise you on mutual agreement or contested divorce;
• prepare or review the settlement agreement;
• coordinate documentation from abroad;
• assist with Power of Attorney and formal signatures;
• advise on children, maintenance and property issues;
• communicate with you clearly in English and Spanish.

Our aim is to make the process clear, strategic and legally secure, especially when you are dealing with a Spanish divorce while living abroad.

Thinking About Divorce in Spain While Living Abroad?

If you live outside Spain and are considering divorce proceedings in Spain, it is important to obtain legal advice before taking action.

The first step is to understand whether Spain is the right jurisdiction and what practical steps are needed.

Contact Bennet & Rey to discuss your international divorce in Spain.

We will help you understand your options and guide you through the process with clarity and discretion.

You can send us an email to: [email protected]

or book an appointment, clicking here