Divorce Lawyers & Family Law in Spain

Getting divorced in Spain as an expat or international couple doesn't have to be complicated. At Bufete Padilla, we specialise in mutual consent divorces (divorcio de mutuo acuerdo) for couples without minor children, where both parties agree on the terms. Our unique expertise allows us to process these divorces even when one spouse lives abroad — in the UK, Ireland, USA, Australia, or anywhere else — using a special Power of Attorney (poder especial para divorcio). This means you don't both need to be physically present in Spain.

Mutual Consent Divorce by Power of Attorney

When both spouses agree on the divorce terms and there are no minor children, Spanish law allows a streamlined notarial divorce (divorcio ante notario) that can be completed in as little as 4–6 weeks.

If one spouse cannot be present in Spain, they can grant a special Power of Attorney for divorce before a notary in their country of residence. This power must be:

  • Specific for divorce — a general power of attorney is not sufficient
  • Apostilled (Hague Convention countries) or legalised (non-Hague countries)
  • Translated into Spanish by a sworn translator if not originally in Spanish

With the PoA in hand, our lawyer represents the absent spouse at the notary in Torrevieja or Moraira. Both parties sign the regulatory agreement (convenio regulador) covering asset division, and the divorce is formalised.

This is particularly popular for British, Irish, American and Australian couples who married or established their legal residence in Spain but one spouse has since returned to their home country.

Frequently Asked Questions

Can I get divorced in Spain if my spouse lives in the UK?

Yes. Your spouse can grant a special Power of Attorney for divorce before a notary in the UK (with apostille), and we handle everything in Spain on their behalf.

How long does a mutual consent divorce take in Spain?

A notarial mutual consent divorce (without minor children) typically takes 4–6 weeks. A judicial mutual consent divorce (with minor children) takes approximately 2–4 months.