How long does a mutual consent divorce take in Spain?

A mutual consent divorce typically takes 2-4 months from filing the claim with the settlement agreement. The procedure follows Art. 777 LEC and does not require an oral hearing.

How much does a divorce cost in Spain in 2026?

A mutual consent divorce costs between EUR 800-1,500 for the attorney (shared between both spouses). A contentious divorce ranges EUR 2,500-6,000 per attorney plus EUR 350 for the court agent. Family proceedings are exempt from court fees.

Does shared custody eliminate child support?

Not necessarily. If there is a significant income imbalance between parents, the court may set reduced child support even with shared custody.

What is compensatory pensión and when is it granted?

Compensatory pension (Art. 97 CC) is granted to the spouse who suffers an economic imbalance compared to their situation before marriage. Duration of marriage, age, professional qualifications, family dedication and collaboration in the other spouse's activities are considered.

Free tool · Family law

Divorce Agreement Estimator: Spain 2026

Estimate child support, compensatory pension, housing use, property division and divorce process costs. No registration. Based on the Civil Code, LEC and Provincial Court practice.

Type of divorce

Mutual consent divorce is faster and cheaper.

Minor children

Minor children determine custody, child support and housing use.

Matrimonial property regime

Determines how assets are divided upon divorce.

Indicative estimate only. Does not replace professional legal advice. Pensions and custody are determined by the court based on the specific circumstances of each case. Consult a lawyer for your specific situation.

What does a divorce agreement include?

Mandatory content (Art. 90 CC): The settlement agreement must include: custody and visitation, family home use, child support, compensatory pension (if applicable) and division of matrimonial property.

Child support (Arts. 142-146 CC): Set proportionally to the payer's income and the children's needs. No fixed formula exists, but CGPJ reference tables guide family judges and lawyers.

Compensatory pension (Art. 97 CC): Applies when the divorce causes an economic imbalance for one spouse compared to their pre-marriage position. The court weighs marriage duration, family dedication, age and employment prospects.

Family home (Art. 96 CC): With minor children, home use is assigned to the custodial parent. After the Law 8/2021 reform, shared custody gives the court more flexibility to assign use to the needier spouse.

Frequently asked questions

Can you get divorced without a lawyer in Spain?

No. Divorce in Spain always requires an attorney (Art. 750 LEC). In mutual consent divorce, both spouses can share a single attorney.

What happens to the mortgage in a divorce?

The mortgage is a joint debt to the bank. The agreement can stipulate that one spouse assumes payment (subrogation), that the property is sold, or that both continue paying. The bank must consent to subrogation.

Can the settlement agreement be modified later?

Yes, through a modification of measures claim (Art. 775 LEC) when there is a substantial change in circumstances: significant income change, relocation, new family responsibilities, etc.

Is compensatory pension permanent?

Not necessarily. The jurisprudential trend is to set temporary compensatory pensions, except in long marriages with significant imbalance. It ends if the beneficiary remarries or enters a marital-like partnership (Art. 101 CC).