Franco-Spanish couples, French residents of Madrid, Barcelona or the coast, retirees in Andalusia: EU rules identify courts and law and ensure recognition. Spanish divorce is among Europe’s fastest; a Spanish spouse’s matrimonial regime depends on regional affiliation. Catalonia and the Balearics, for example, do not use community property.
An initial overview, not a consultation
This page outlines Spanish law and its connections with French law. It is an initial overview, not a consultation: every situation depends on specific facts and local law changes. For each case, I work with a colleague based in Spain, who confirms these initial details for your circumstances and acts before local courts when necessary.
0 — Your situation
You live in Barcelona and one spouse wants to return to France. You are French, married to a Spaniard and living in Toulouse or Paris. You own Spanish property. Spanish court proceedings have begun.
1 — Which court?
A common Regulation. France and Spain use Brussels II ter (Article 3) to identify divorce courts. Courts have jurisdiction notably where spouses are habitually resident, the respondent resides, the applicant has lived for a year (six months if a national), or both spouses are nationals. Several courts may have jurisdiction simultaneously. Two French nationals living in Madrid may divorce in Spain, where they live, or France, their nationality.
In Spain. Since 2025, former first-instance courts became Tribunales de Instancia with family, childhood and capacity sections. A violence-against-women section handles divorce where criminal proceedings or a protection order exist. The matrimonial domicile generally determines venue.
Prior settlement attempt. Contested claims normally require an attempt at mediation, lawyer negotiation or another amicable method. Exceptions include urgent or provisional child measures; their family-law scope remains debated before Spanish courts.
First court seised. The second court must stay and decline once the first’s jurisdiction is established (Brussels II ter, Article 20). Dates decide priority, sometimes within days. Spain’s prior settlement requirement may delay filing and affects the race.
2 — Which law?
A common law. France and Spain both apply Rome III, so the same law governs divorce whichever court hears it. Without choice: common habitual residence when proceedings begin; otherwise last common residence ending no more than a year earlier with one spouse remaining; otherwise common nationality; otherwise the court’s law (Article 8). Spouses may choose in writing the law of their habitual residence, last common residence, either nationality or the court hearing the case (Article 5). Maintenance in both countries follows the 2007 Hague Protocol, generally the creditor’s habitual-residence law. In Spain, a choice is made in a notarial or authentic instrument and remains possible during proceedings.
International couples. Regulation 2016/1103 governs marriages since 29 January 2019: without choice, first common habitual residence after marriage (Article 26). If Spanish law applies, internal rules identify regional law (Article 33). Earlier marriages differ: France generally uses first habitual residence under the 1978 Convention; Spain first uses common nationality at marriage.
3 — Recognition
Automatic recognition. French divorce judgments are recognized in Spain without proceedings, and vice versa (Brussels II ter, Article 30). Children’s decisions have been enforceable without exequatur since 1 August 2022 (Article 34), as are maintenance decisions (Regulation 4/2009). Matrimonial property decisions still require a declaration of enforceability (Regulation 2016/1103, Articles 44 onwards).
Spanish civil registration. French divorce involving a Spanish national must be registered to bind third parties. Residents in France use the Spanish consulate; otherwise recognition may be sought in the domicile court.
Divorce without a judge. French divorce signed by lawyers and deposited with a notary has circulated in the EU since 1 August 2022 with the notary’s certificate (Brussels II ter, Articles 64 to 66, Annex VIII), unlike non-EU countries. Spain’s Paris consulate expressly provides for registration with that certificate, a certified agreement copy and a sworn translation if the marriage is in a Spanish municipal register.
4 — Your relationship
Spanish divorce. Since 2005, either or both spouses may seek divorce without grounds after three months, waived for danger to applicant or children. Without minor children or adult children with support measures, agreeing spouses may divorce before a notary or court clerk (Letrado de la Administración de Justicia) with a lawyer. An agreement settles consequences; registration is required to bind third parties.
Compensatory maintenance. A spouse suffering economic imbalance from divorce may receive temporary, indefinite or lump-sum compensation under statutory factors including age, health, qualifications, family dedication and marriage length. In Catalonia it is generally temporary, and homemaking may give separate compensation.
5 — Your children
Children fall under the same Regulation: jurisdiction generally follows their habitual residence (Brussels II ter, Article 7), and decisions are enforceable in the other country. After wrongful removal, the 1980 Hague Convention applies, reinforced by the Regulation.
Parental responsibility (patria potestad) is joint. Changing habitual residence requires both parents’ agreement or permission. Shared custody may follow agreement or exceptionally one parent’s request. The Supreme Court favors it where serving the child’s interests; it is used in about half of divorces with minors. A child able to form views is heard. Contact is generally excluded for proceedings or evidence of violence.
Courts may prohibit departure or withdraw passports. Parental abduction is criminal, with higher penalties for leaving Spain. Return cases follow rapid proceedings in the provincial capital’s family section; the Ministry of Justice is central authority.
Child maintenance continues until adulthood and beyond if not independent. The Spanish maintenance guarantee fund provides limited advances only under a Spanish judgment and for children living in Spain.
6 — Your assets
Matrimonial regimes. The Civil Code uses community of acquisitions (sociedad de gananciales). Autonomous regions have separate civil law: separate property in Catalonia and the Balearics, a consorcial regime in Aragon, sociedad de conquistas in Navarre, and universal community in some Basque areas. Spanish spouses follow vecindad civil, acquired through parentage or prolonged residence, rather than residence alone. Notarial marriage agreements (capitulaciones) may change during marriage and are registered.
Community liquidation takes place before a notary or court. Spanish property often requires coordination between French and Spanish notaries.
For maintenance, Regulation 4/2009 allows French decisions to be enforced in Spain without exequatur and vice versa, with help from both countries’ central authorities.
Points to watch
A Spanish spouse’s regime depends on regional affiliation: a Catalan normally has separate property without an agreement.
Spanish notarial divorce is unavailable with minors and cannot be received by a Spanish consul in France.
Required prior settlement attempts may delay Spanish proceedings: timing matters.
French divorce involving a Spaniard must enter the Spanish civil register.
The Spanish guarantee fund does not cover maintenance fixed by a French court.
7 — My support
An international consultation compares French and Spanish options. My Spanish colleague confirms local and regional law and acts locally. International negotiation or family mediation in French or English is available at the office or remotely.
Official texts and sources
e-Justice portal, national factsheet « Divorce and legal separation » (updated 25 September 2025)
e-Justice portal, national factsheet « Matrimonial property » (updated 1 February 2023)
e-Justice portal, national factsheet « Maintenance obligations » (updated 3 July 2025)
e-Justice portal, national factsheet « Parental responsibility » (updated 12 March 2026)
Spanish Civil Code: consolidated text (BOE)
Law 15/2005 reforming divorce (BOE)
Organic Law 1/2025: courts and prior amicable procedures
Organic Law 9/2002: parental abduction, Criminal Code Article 225 bis
Royal Decree 1618/2007: maintenance payment guarantee fund
Spanish Consulate General in Paris: registration of French divorce
General Council of the Judiciary: maintenance calculations
National Statistics Institute: annulments, separations and divorces 2025
Regulation (EU) 2019/1111, Brussels II ter (divorce, parental responsibility, child abduction)
Regulation (EU) No 1259/2010 Rome III (law applicable to divorce)
Regulation (EC) No 4/2009 (maintenance obligations)
Regulation (EU) 2016/1103 (matrimonial property)