Family Law · Spain
Find Family Law lawyers in Spain who focus on what matters to you
Divorce, child arrangements, inheritance or matrimonial property — Spanish family law follows the Civil Code and, in some regions, separate local rules. We match you with a lawyer who handles your specific matter, from first consultation to court representation.
- Civil-law expertise, including foral regimes
- Matched within 24–48h
- No cost to get matched
No fee. No obligation.
Get matched with a lawyer
Tell us about your situation and receive a free, confidential case review.
Family Law in Spain
Family law in Spain: what you need to know
When a marriage ends or a family dispute arises, knowing how Spanish law works can feel overwhelming. Family Law lawyers in Spain handle divorce, child custody, maintenance, inheritance and matrimonial property under the Civil Code and, in Catalonia, the Basque Country, Navarre, Galicia and the Balearic Islands, under their own civil-law rules. The default marital property regime is the comunidad de gananciales in common-territory Spain, but Catalonia, the Balearic Islands and the Valencian Community apply separation of property by default. Spanish succession law also imposes forced heirship, reserving two-thirds of an estate for descendants. We match you with a specialised lawyer who explains your options, prepares the necessary documents and represents you before the Courts of First Instance. Simply tell us your situation and get connected within 24–48 hours.
Spain-specific details
How family law works in Spain
Spanish family law is rooted in the Civil Code and, in several regions, in local civil laws. Below are the practical points to keep in mind when you involve a lawyer.
Courts of First Instance hear family cases
Family matters such as divorce, custody and inheritance are civil matters heard by the Courts of First Instance (Juzgados de Primera Instancia). Appeals go to the Provincial Courts (Audiencias Provinciales). Higher review lies with the Supreme Court, which unifies interpretation through ‘jurisprudencia’.
Default matrimonial property regimes vary by region
In common-territory Spain the default is the sociedad de gananciales: income and property acquired during marriage become common. Catalonia, the Balearic Islands and the Valencian Community default to separation of property. Spouses may agree different terms in a notarial marriage settlement.
Forced heirship limits testamentary freedom
Under the Civil Code, children and descendants are entitled to two-thirds of the estate; the surviving spouse holds a lifetime usufruct. This forced-heirship system can complicate cross-border successions, although EU Regulation 650/2012 allows choosing national law.
Divorce filing waits three months
You can file for divorce only after three months from the celebration of marriage. This minimum applies under the Civil Code. Your lawyer will confirm jurisdiction and the applicable regional matrimonial regime for your situation.
Costs and legal aid
Court fees in civil cases are owed only by legal persons; natural persons are exempt. Lawyers’ fees are freely agreed. Means-tested legal aid, based on the IPREM income indicator, can cover lawyer and procurador costs.
Notarial and registry steps
Marriage settlements (capitulaciones matrimoniales) must be executed before a notary. Transfers of real property require a public deed and registration in the Property Registry, which is organised on the folio real system.
Key time limit — Family Law
Divorce filing (minimum marriage duration) — 3 months from celebration of marriage. You may file for divorce only after this minimum period.
Data verified against official Spanish state bulletins and the European e-Justice Portal, accessed January 2025.
Common challenges
Family disputes feel heavy. We help you carry them.
Spanish family law has regional differences and strict formalities. These are the situations our lawyers most often help with.
You feel stuck in a divorce you do not understand
Spanish divorce requires a minimum marriage duration and, depending on the region, different property rules. Without clear advice, you risk agreeing to terms that harm your future.
Children and custody disputes escalate quickly
Parental responsibility and access arrangements are decided under the Civil Code and, in foral territories, local rules. A family lawyer helps you protect your children’s stability.
Inheritance and forced heirship create conflict
Spanish forced heirship reserves two-thirds for descendants, and regional succession rules complicate cross-border estates. You need a lawyer who understands both EU and Spanish rules.
Why choose us
A calmer way to find the right lawyer
We do the searching so you can focus on your family. Our matching is quick, free and built around Spain’s legal realities.
Matched to your region
Spain’s family law differs between common Civil Code areas and foral territories. We match you with a lawyer who knows your regional matrimonial and succession regime.
Clear first step within 24–48h
You receive an introduction to a specialised Family Law lawyer in Spain, usually within one business day, at no cost.
No fee to get matched
Our service is free. You only discuss fees directly with the lawyer, and lawyers’ fees are freely agreed under Spanish law.
Confidential and straightforward
Tell us only what you are comfortable sharing. We focus on the legal matter, not on pressure or sales.
More jurisdictions
Family law across Europe
Our network covers Spain and its neighbouring countries for cross-border family matters.
Questions, answered
Family Law in Spain — FAQs
What do Family Law lawyers in Spain handle?
Family Law lawyers in Spain advise on divorce, separation, child custody and access, spousal and child maintenance, matrimonial property regimes, forced heirship, inheritance and wills. They can also prepare marriage settlements before a notary and represent you before the Courts of First Instance.
How long must I be married before I can divorce in Spain?
Under the Civil Code, you may file for divorce only after three months from the celebration of marriage. This minimum period applies unless a regional civil law provides otherwise. Your lawyer can confirm the applicable rule for your situation.
Does Spain apply community property or separation of property?
It depends on the region. In common-territory Spain the default regime is sociedad de gananciales; in Catalonia, the Balearic Islands and the Valencian Community the default is separation of property. Spouses may choose a different regime in a notarial marriage settlement.
What is forced heirship and how does it affect my estate?
Spanish succession law reserves two-thirds of the estate for children and descendants, with the surviving spouse holding a lifetime usufruct. This forced-heirship system applies in the common Civil Code; regional rules may vary. EU Regulation 650/2012 may allow you to elect your national law.
Do I need a lawyer and a procurador for a family law case?
In Spanish civil proceedings, the intervention of an abogado and a procurador is generally mandatory, except in small-claims cases under €2,000 where you may appear in person. Your lawyer will arrange the procurador if needed.
Are there court fees for family law cases?
No, natural persons are exempt from court fees in civil and contentious-administrative orders under Law 10/2012. Legal aid may also be available if your income is below the IPREM-linked threshold, covering lawyer and procurador costs.
Take the first step
Connect with a Family Law lawyer in Spain
Tell us about your situation. We match you with a specialised lawyer who handles family law in Spain — no fee, no obligation.