Family law · Spain
Family lawyers in Spain for every family matter
Family legal issues in Spain often involve regional property regimes, forced-heirship rules and bilingual proceedings. We match you with a Spanish family lawyer who understands both your situation and the local legal framework.
- Divorce and separation
- Child custody and support
- Inheritance and assets
No legal advice · Free and non-binding
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Why choose us
Why family law in Spain needs local expertise
Finding the right family lawyers in Spain can feel overwhelming, especially when your case crosses borders or involves Spanish property and inheritance rules. Spanish family law is not uniform: while the default matrimonial property regime in common Civil Code territories is comunidad de gananciales, regions such as Catalonia, the Balearic Islands and the Valencian Community apply separation of property by default. Succession rules also restrict testamentary freedom through the legítima, reserving two-thirds for descendants. We work only with lawyers who meet Spain’s compulsory bar membership requirements and know how these regional differences affect divorce, custody and estate planning. Our service is free, non-binding and focused on matching you with a practitioner who handles your particular family matter.
Spain · Key legal framework
How family law works in Spain
Spanish family law combines national codes with regional civil rules, so outcomes can differ depending on where you live or where assets are located. Below are the key structural features that shape how family lawyers in Spain approach your case.
Compulsory bar membership and qualifications
To practise family law in Spain, a lawyer must belong to a Colegio de la Abogacía and hold the official professional title after completing a law degree, the specialised access training and the state aptitude examination under Law 34/2006 and Royal Decree 135/2021. This requirement applies throughout the national territory.
Matrimonial property regimes vary by region
In common Civil Code territories, the default regime is comunidad de gananciales: income and property acquired during marriage become common. Catalonia, the Balearic Islands and the Valencian Community default to separation of property. This regional variation is central when advising on divorce and asset division.
Divorce filing timing
Spain permits divorce, dissolution or separation without alleging fault, but the Civil Code sets a minimum marriage duration: at least three months must pass from the celebration of marriage before a divorce petition can be filed. This rule applies in the common regime.
Forced heirship restricts testamentary freedom
Spanish succession law reserves the legítima for forced heirs. In the common regime, children and descendants are entitled to two-thirds of the estate, with the surviving spouse holding a lifetime usufruct right. This can affect divorce settlements and cross-border inheritance planning.
Legal aid and costs
Lawyers’ fees are freely agreed; there are no binding official tariffs. Free legal aid (asistencia jurídica gratuita) is available for those lacking sufficient means, subject to income thresholds linked to the IPREM. Applications are filed with the Colegio de la Abogacía of the competent court.
Key time limit — Family Law
Divorce filing (minimum marriage duration) — 3 months from celebration of marriage. Divorce may be requested by either spouse at any time, but not before three months have elapsed since the celebration of the marriage (Article 81 in relation to Article 86 of the Civil Code), except in cases of risk to life, integrity or freedom of a spouse or child; there is no longer any requirement of prior separation or proof of grounds.
Data sourced from official Spanish bodies and e-Justice, current as of 2025.
Common difficulties
Why family matters in Spain can be hard to resolve alone
Spanish family law often combines national rules with regional variations. These are the challenges our matched lawyers help you navigate.
Cross-border divorce confusion
You live in Spain but your marriage or assets are tied to another country. Regional property regimes and EU forced-heirship rules can conflict, making an amicable settlement difficult without a lawyer experienced in cross-border family matters.
Asset division in a comunidad de gananciales regime
If you married under the common Civil Code, income and property acquired during the marriage may be common. Dividing these assets fairly, while considering regional separation-of-property rules, requires careful legal analysis.
Losing control over your estate
Spain’s legítima reserves two-thirds of your estate for descendants, and a spouse may have a lifetime usufruct. You may need legal guidance to structure your estate within the law, especially if you own property in Spain.
Why use our service
A calmer path to the right family lawyer
We do the groundwork so you can focus on your family.
Matched with a specialised family lawyer
We identify a practitioner whose caseload focuses on family law, not a generalist. You receive a shortlist of lawyers familiar with Spanish divorce, custody and inheritance rules.
No cost, no obligation
Our matching service is free. You only decide to proceed when you are ready to instruct a lawyer, and there is no fee to use the platform.
Regional expertise, not just Spanish law
Because property regimes and succession rules differ between common Civil Code territories and foral regions, we prioritise lawyers who know the local rules that affect your case.
Clear communication in English
You can discuss your matter in English, while your lawyer handles Spanish courts and documents. We help bridge the language gap from first contact to resolution.
Serving cross-border families
Clients from across Europe and beyond
We regularly match clients from these countries with family lawyers in Spain.
Frequently asked questions
Answers about family lawyers in Spain
What do family lawyers in Spain handle?
Family lawyers in Spain assist with divorce, legal separation, child custody and support, matrimonial property regimes, prenuptial agreements and inheritance matters. They also advise on cross-border family disputes, where regional rules such as the comunidad de gananciales or separation of property apply.
Do I need a lawyer to divorce in Spain?
In civil and commercial litigation, representation by an abogado and a procurador is generally mandatory, except in small-claims cases. For divorce proceedings, you will need a lawyer to present your case before the Courts of First Instance.
What is the default matrimonial property regime in Spain?
In common Civil Code territories, the default regime is comunidad de gananciales: income and property acquired during the marriage become common. However, Catalonia, the Balearic Islands and the Valencian Community apply separation of property by default. Couples may choose another regime by notarial marriage settlement.
How long must I be married before filing for divorce in Spain?
The Civil Code sets a minimum marriage duration of three months from the celebration of marriage before a divorce petition can be filed. This rule applies in the common regime, and there is no requirement to allege fault.
What are the forced heirship rules in Spain?
Spanish succession law reserves a legítima for forced heirs. In the common regime, descendants are entitled to two-thirds of the estate, one third strict legitima and another by mejora, while the surviving spouse has a lifetime usufruct. This restricts testamentary freedom.
Can I get free legal aid for a family case?
Free legal aid (asistencia jurídica gratuita) is available under Law 1/1996 for those lacking sufficient means. Eligibility depends on household income relative to the IPREM indicator, and applications are filed with the competent Colegio de la Abogacía.
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Tell us about your case and we will match you with a specialised family lawyer within 24–48 hours. Free, non-binding and confidential.