How much does a divorce cost in Spain?

Although there are no official statistics, it is estimated that approximately 40-50% of marriages end in divorce. This figure rises even higher if we are talking about people who marry for the second time.

But how much does divorce cost in our country? Undoubtedly, a very interesting question, especially considering these data. So, here we are going to give you an answer.

Prices of the different types of divorce

Not all divorces are the same and, obviously, they do not cost the same, as they involve different processes. Let's take a look.

How much does it cost to get an express divorce?

The so-called "express divorce" is one of the most popular options nowadays. It is a variant of divorce by mutual consent, as both spouses have to show their willingness to go through with it.

In this sense, this type of divorce has very few requirements. It is only necessary to have been married for more than 3 months and not to have children in common who depend on the couple.

In most cases, it is not even necessary for the couple to be in direct contact with their lawyers. In fact, they can share the same lawyer if they wish to do so. The lawyer will be in charge of drafting the divorce agreement and managing the necessary formalities.

The price of an express divorce in Spain is around 400 euros plus VAT for each of the spouses.

The price of an uncontested divorce

However, there are divorces which, although agreed by both spouses, cannot be carried out under the express divorce formula. This is due, for example, to the fact that the couple have children together.

The process of divorce by mutual consent always begins with the filing of a petition in the corresponding court of first instance. This document must be signed by both parties, or at least by one of them, provided that the other party consents. Otherwise, we are talking about a contentious divorce.

In addition, the divorce petition must also be signed by a divorce lawyer and a solicitor, and all these documents must be attached:

• Marriage certificate.
• Birth certificate of the children, if there are any.
• Proposal of the agreement regulating the dissolution of the marriage.

If there are children under 12 years of age, the Public Prosecutor's Office will act ex officio to ensure that the agreement protects their interests. Otherwise, it is not necessary.

The judge will then summon both spouses and ask them to ratify their desire to divorce, after which the divorce will be made official by registering it in the Civil Registry.

The cost of divorcing by mutual consent in Spain is considerably higher than that of an express divorce. Specifically, it usually amounts to between 800 and 1000 euros plus VAT per spouse.

How much does a separation by mutual consent cost?

The difference between divorce and separation is that, while the former dissolves the marital relationship definitively, the latter does not. However, their effects are very similar on a day-to-day basis.

For example, separation entails the cessation of the spouses' cohabitation, which is why it is necessary to go through the courts beforehand. Especially if there are minor children, otherwise one of the parties could accuse the other of abandoning the home.

The price of a separation by mutual consent in Spain is practically the same as that of a divorce of this type.

How much does a contentious divorce cost in Spain?

It is possible that both spouses cannot reach an agreement. In this sense, the law says that the mere wish of one of them is enough to get a divorce. The problem is that the process will be much longer and more expensive.

In this case, both spouses cannot go to court under the representation of the same lawyer and the same solicitor, which doubles the price of a divorce by mutual consent.

In addition, it is often necessary to add additional costs, such as expert reports, child psychologists, asset investigations, etc.

All this means that the price of a contentious divorce can easily be around 5000 euros plus VAT per spouse. However, if one of the spouses is in an unfavourable situation, these costs can be reduced by a court-appointed lawyer.

How much does a divorce cost in Spain: Conclusions

In short, whenever possible, spouses should try to reach a divorce agreement. Not only because the process is much quicker and cheaper, but also because it is less traumatic for the children.