A Complete Guide to Family Law in Spain: Klev & Vera in Legal 500

Klev & Vera International Law Firm has contributed to the Country Comparative Guide on Family Law in Spain, published by Legal 500, one of the most respected international legal publications. The guide provides a rigorous analysis of the Spanish legal framework in family matters, with particular focus on cases with an international dimension. Below, we outline its key points.

 This blog post is based on the full guide published on Legal 500: Spain: Family Law — Country Comparative Guide

One of the most distinctive features of divorce in Spain is that it is not based on the fault of either spouse. Following the reform of the Civil Code, it is sufficient for one of the spouses to file for divorce, without the need to allege adultery, abandonment, or any other misconduct. The only time requirement is that at least three months must have elapsed since the marriage was celebrated — though this period does not apply where there is a proven risk to the life or physical integrity of either spouse or the children.

There are two main procedures:

• Uncontested divorce: where both parties agree on all matters, it can be processed before a notary or court clerk (if there are no minor children) or before a judge. Duration: typically one to three months.
• Contested divorce: where no agreement exists, proceedings are conducted before the family court. Duration: typically six months to one year.

Spain is fully integrated into the European legal framework and applies Regulation (EU) 2019/1111 (“Brussels II ter”), which determines which courts have jurisdiction over divorce and parental responsibility. In general terms, Spanish courts have jurisdiction when:

• Both spouses are habitually resident in Spain.
• The respondent is habitually resident in Spain.
• Both spouses are Spanish nationals, even if residing abroad.

Regarding matrimonial property matters, Regulation (EU) 2016/1103 applies, and for maintenance obligations, Regulation (EC) No 4/2009 governs.

Spain recognises three main matrimonial property regimes:

1. Community of property (sociedad de gananciales): assets acquired during the marriage are jointly owned and divided equally upon dissolution. This is the default regime in most of Spain.
2. Separation of property: each spouse retains sole ownership of their individual assets. This is the traditional default regime in Catalonia, the Balearic Islands, and Valencia.
3. Participation in profits: each spouse retains their own assets, but upon dissolution participates in the other’s gains. This regime is rare and requires an express agreement.

Courts apply principles of equity, equality, and proportionality, recognising domestic and caregiving work as equivalent to financial contributions.

Prenuptial and postnuptial agreements — known in Spain as capitulaciones matrimoniales — are fully valid and legally recognised. To be valid, they must be executed in a notarial public deed and registered with the Civil Registry. They are binding provided they do not violate public policy, spousal equality, or family interests.

Agreements executed abroad may also be recognised in Spain if they are valid under their governing law and do not contravene Spanish public policy.

The Klev & Vera article in Legal 500 details the main financial orders a court may issue upon granting a divorce:

• Liquidation of the matrimonial property regime: division of jointly owned assets.
• Child and spousal maintenance: financial support for children and, exceptionally, for a spouse in need.
• Compensatory allowance (pensión compensatoria): designed to offset the economic imbalance caused by divorce.
• Use of the family home: generally awarded to the custodial parent and minor children.
• Compensation for domestic work: applicable under a separation of property regime.

During proceedings, the court may also issue provisional measures to safeguard the financial wellbeing of the spouses and children while the case is pending.

The guiding principle in all decisions concerning children is the best interests of the child, regardless of the parents’ marital status. Custody arrangements include:

• Shared custody: both parents share day-to-day care of the child on an equivalent basis.
• Sole custody: one parent has primary care of the child.

The non-custodial parent is entitled to a regime of visits, communication, and stays. Child maintenance is mandatory and updated annually in line with the Consumer Price Index (CPI).

The Child’s Voice in Proceedings

Spanish law guarantees the child’s right to be heard in all proceedings that affect them:

• Hearing the child is mandatory when they are 12 years of age or older.
• Children under 12 may also be heard if they are deemed sufficiently mature.
• The hearing takes place at court, without the parents present, before the judge, the public prosecutor, and, where appropriate, a psychologist from the judicial technical team.

Spain operates an inclusive and open legal framework:

• Foreign marriages: recognised if valid under the law of the place of celebration.
• Same-sex marriages: fully recognised since Act 13/2005. Spain also recognises those celebrated abroad.
• Religious marriages: recognised if they comply with Spanish legal requirements.
• Civil partnerships (parejas de hecho): regulated by the Autonomous Communities; recognition varies by region.
• Customary marriages: recognised if valid under the personal law of the parties and not contrary to Spanish public policy.

Cohabitation — known in Spain as pareja de hecho or more uxorio — is legally recognised, though its regulation falls within the competence of the Autonomous Communities, meaning legal effects vary across regions.

Upon separation, there are no automatic economic rights between cohabitants beyond what has been agreed or established by applicable regional legislation. Courts apply principles of equity, autonomy of the will, and unjust enrichment to resolve financial disputes.

Regarding children, the rights and duties of unmarried parents are identical to those of married parents.

Act 1/2025 of 2 January on improving the efficiency of the Public Justice Service entered into force on 3 April 2025 and introduces a key requirement: in certain family proceedings, parties must demonstrate that they have attempted prior negotiation or an alternative dispute resolution method (mediation, conciliation, binding offer, etc.) before filing a claim in court.

However, this obligation has important exceptions: it does not apply where fundamental rights protection is at stake, urgent measures under Article 158 of the Civil Code are needed, or the best interests of the child prevent any delay.

Spain is a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, ratified on 28 May 1987. The Spanish Central Authority is the Subdirectorate General for International Legal Cooperation within the Ministry of Justice.

Spanish courts handle these cases as a priority, with an indicative maximum period of six weeks to decide on a return application.

Surrogacy

Surrogacy is prohibited in Spain. Article 10 of Act 14/2006 on Assisted Human Reproduction Techniques renders surrogacy agreements null and void. The woman who gives birth is always the legal mother. However, where a child has been born abroad through surrogacy, Spanish courts allow recognition of parentage in order to protect the best interests of the child, even though the contract itself is not recognised.

Adoption

Adoption in Spain is governed by Articles 175 to 180 of the Civil Code and Act 54/2007 on International Adoption. Those eligible to adopt include:

• Single individuals (men or women).
• Married couples, whether heterosexual or same-sex.
• Cohabiting couples with proven stable cohabitation.

The guiding principle is always the best interests of the child.

The Klev & Vera article anticipates several reforms likely to materialise in the coming years:

• Draft Families Bill: recognition of new family structures (single-parent, blended, unmarried partnerships, same-sex families) and improved work-family balance.
• Shared Parental Responsibility Bill: strengthening parental leave entitlements and shared caregiving responsibilities.
• International and inter-regional relocation of children: clearer rules balancing the child’s best interests with the rights of both the custodial and non-custodial parent.
• Financial consequences of the breakdown of unmarried partnerships: greater normative uniformity across Spain’s Autonomous Communities.

The Klev & Vera publication in Legal 500 offers a comprehensive, rigorous, and up-to-date overview of Family Law in Spain, covering everything from divorce and custody to adoption, mediation, and future legislative developments. This recognition in one of the world’s most prestigious international legal guides reaffirms Klev & Vera’s position as a leading firm in family law, particularly in matters with an international dimension.

If you have any queries relating to any of the topics discussed, please do not hesitate to contact our team.

Authors of the Legal 500 article:

• Lluïsa Parra Carreté, Lawyer — Klev & Vera International Law Firm
• Anna Klevtsova Shabánova, Managing Partner — Klev & Vera International Law Firm

Source: Spain: Family Law — Legal 500 Country Comparative Guides — Read the full guide on Legal 500.