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Civil

Separation and divorce

We assist you with separation or divorce, whether by mutual agreement or contested, before a notary or in court. In Catalonia we apply the Catalan Civil Code: the settlement agreement (convenio regulador), parenting plan, custody of the children, compensatory payment and use of the family home. We first seek an agreement and, if that is not possible, we defend your interests in the court proceedings.

By Elena Fernández Ruiz, ICAB member no. 43871 · Updated on 14 October 2026

In brief

Who it is for
Married couples who wish to separate or divorce, with or without children, including when one spouse is a foreign national or lives outside Spain.
Where it is handled
Before a notary or a court clerk (letrado de la Administración de Justicia), if by mutual agreement and there are no unemancipated minor children or children with support measures assigned to the parents; otherwise, in court.
Minimum waiting period
Three months from the wedding (arts. 81 and 86 of the Civil Code). If only one spouse applies, there is no need to wait when a risk to their life or safety, or that of the children, is proven.
Fees
We quote them in the first consultation (€40), with the option to pay in instalments.

Key points

  • Either spouse may apply alone, without the other's consent, once three months have passed since the wedding (art. 86 of the Civil Code).
  • If there are unemancipated minor children, or adult children with support measures assigned to the parents, the agreement must be approved by a judge.
  • In all other cases, by mutual agreement it is enough to sign the settlement agreement before a notary or court clerk, assisted by a lawyer.
  • With children in common under your parental authority, the agreement includes a parenting plan (where they will live, custody, education, holidays) and child maintenance (arts. 233-2 and 233-9 of the Catalan Civil Code).
  • Where relevant, it also covers the compensatory payment, use of the family home, the financial compensation for work (compensación económica por razón de trabajo) and the division of matrimonial property.
  • Before filing a contested claim, an appropriate dispute resolution method must be attempted, such as mediation or negotiation between lawyers, save for exceptions such as gender-based violence.
  • Where there is an international element, jurisdiction is governed by Regulation (EU) 2019/1111 and the law applicable to the divorce by Regulation (EU) No 1259/2010.

How we help you

  1. We study your case

    We review your family and financial situation, your matrimonial property regime and the applicable law, and explain the available routes: before a notary, by mutual agreement in court, or contested.

  2. We negotiate the agreement

    We draft the settlement agreement and, if there are children, the parenting plan. If there is no agreement, we conduct the prior negotiation required by law and document it.

  3. Signing or court claim

    We go with you before the notary or court clerk, or we file the claim with any necessary interim measures and represent you at the hearing.

  4. Enforcement and follow-up

    We check registration with the Civil Registry and compliance with the measures and, if circumstances change substantially, we apply for them to be modified.

Frequently asked questions

Can we divorce before a notary?

Yes, if it is by mutual agreement, three months have passed since the wedding and you have no unemancipated minor children or adult children with support measures assigned to you. Both of you must appear in person, assisted by a lawyer, before a notary at your last common address or the address of either of you.

Do we have to try to reach an agreement before going to court?

Yes. Since 3 April 2025, before filing a contested claim you must first have attempted an appropriate dispute resolution method, such as mediation or negotiation between lawyers. In matters linked to gender-based or sexual violence, the law prohibits the use of these methods.

Can I claim a compensatory payment later on?

In Catalonia, no. The right to a compensatory payment is lost if it is not requested in the first matrimonial proceedings or set out in the first settlement agreement (art. 233-14 of the Catalan Civil Code). That is why it should be assessed from the outset.

Legislation

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