Family and Inheritance

Divorce in Spain: Two Paths

Since the 2005 reform, you do not need to allege a cause or go through legal separation first. You only need to have been married for 3 months (except in gender violence cases, which allow immediate divorce).

Mutual Agreement Divorce

Both spouses submit a regulatory agreement covering: custody, visitation, family home use, child support, and compensatory pension. Since 2015, it can be done before a notary (no minor children) or before a judge.

• Cost: 700-1,500 € (lawyer + solicitor). Before a notary, from 250 €.
• Duration: 1-3 months before a judge; 1-2 weeks before a notary.

Contested Divorce

When there is no agreement. Each spouse needs their own lawyer. The judge decides all measures.

• Cost: 2,000-6,000 € per party.
• Duration: 6 months to 2 years.

Child Support

Child support does not automatically end at age 18. It continues while children are not financially independent. Courts typically maintain it until age 24-26 if the child is studying or diligently seeking employment.

Non-Payment

You can request judicial enforcement. The judge can garnish wages, bank accounts, and assets. Repeated non-payment is a crime of family abandonment (Art. 227 Criminal Code, 3 months to 1 year in prison).

Custody: Shared vs Sole

• Shared custody: children alternate between both parents. Increasingly common and preferred in many regions.
• Sole custody: children live with one parent; the other has visitation rights.

The judge decides based on the best interest of the child.

Inheritance: What You Need to Know

Forced Shares (Legítimas)

Under common Spanish law, the testator cannot freely dispose of everything:

• Strict legitimate third: divided equally among children.
• Improvement third: freely distributed among children.
• Free disposal third: can be left to anyone.

The surviving spouse has a right to usufruct (use and enjoyment) of one third.

Wills

The most common is an open will before a notary (cost: 40-60 €). Without a will, intestate succession applies: children first, then parents, then spouse, then siblings.

Acceptance and Renunciation

• Simple acceptance: you inherit everything, assets and debts. If debts exceed assets, you are personally liable.
• Acceptance with benefit of inventory: you only respond up to the inherited assets' value: the safe option.
• Renunciation: irrevocable, done before a notary: all or nothing.

Key Deadlines

• Inheritance Tax: 6 months from death (extendable by 6 more months).
• Statute of limitations to claim inheritance: 30 years.