Mutual consent or contested divorce
| Type | How it works |
|---|---|
| Mutual consent | Agreement signed by both, approved by court or, without minor children, before a notary |
| Contested | The court decides on children, maintenance, home and property |
Children and maintenance
Spanish courts favour shared custody where it suits the children. We prepare the parenting plan, child maintenance and arrangements for travel and relocation abroad. See family lawyer in Mallorca.
The home and the property
Dividing property depends on the marital regime: community of property, separation or a foreign regime chosen in a prenuptial agreement. We value and divide assets in Mallorca and coordinate with lawyers abroad.
Unmarried couples
Couples in a registered partnership have their own rules. See registered partnerships.
Example: divorce in Mallorca
Based on situations we commonly see; not a specific client. A British-German couple living in Santa Ponsa with two children agreed to separate. We drafted a mutual consent agreement with shared custody, school holidays split between both countries and the sale of their villa, approved by the court in Palma within three months.
Our collaborators for divorce in Mallorca
For every service we work with trusted collaborators when a matter needs them: notaries, architects and surveyors, tax advisers at Castell.tax, sworn translators, banks and mortgage brokers, property managers and specialist lawyers in other parts of Spain. You keep one lawyer as your single point of contact, and we coordinate everyone else.
Castell.law is the English and German-speaking practice of Castell Abogados, a law firm in Palma de Mallorca. This page is general information, not advice on a specific case: laws and procedures change, so check your situation with us before acting.
Not sure where you stand? Ask before you sign
Tell us about your matter or send us the documents you have. A lawyer will explain the risks, the options and the cost before you commit to anything.
Questions about divorce in Mallorca
How long does a divorce take in Mallorca?
A mutual consent divorce can take a few months; a contested one longer.
Can we divorce in Spain if we married abroad?
Yes, if the Spanish courts are competent, usually through residence.
Is shared custody common?
Yes, Spanish courts often favour it when it suits the children.
Do we both need lawyers?
In mutual consent one lawyer can act for both; in contested cases each needs their own.