The questions we answer first
| Question | Why it matters |
|---|---|
| Which court has jurisdiction? | Depends on residence, nationality and where children live |
| Which law applies to the divorce? | EU rules or a choice made by the spouses |
| Which matrimonial regime applies? | Decides how property and savings are shared |
| Where do the children live? | Decides custody jurisdiction and practical arrangements |
Agreed divorce
When both spouses agree, a regulatory agreement covers custody, contact, maintenance, the family home and the division of property. It is approved by the court or, in some cases without minor children, signed before a notary. We draft the agreement so that it works in Spain and in the other countries involved.
Contested divorce and custody
If there is no agreement, the court decides. In Spain shared custody is frequent where it serves the children's interests. We prepare the evidence, propose a parenting plan and defend your position. International relocations of children need special care to avoid wrongful removal.
The house in Ibiza
Property in Ibiza may belong to both spouses in shares or under a community regime. The options are to sell, to buy out the other spouse or to keep it in co-ownership. We coordinate the divorce with the property side: deed, registry and taxes. See property lawyer in Ibiza.
Couples who are not married and pre-nuptial agreements
Unmarried couples, registered partnerships and couples who want a pre-nuptial or post-nuptial agreement also need advice on how Spanish and foreign law interact. See also wills and inheritance. Ibiza.law is part of Castell.law.
An illustrative example
Based on situations we commonly see; not a specific client. A Dutch and Spanish couple living in Ibiza with two children decided to separate. They owned a villa in Sant Josep and a flat in Amsterdam. We first confirmed that the Ibiza courts had jurisdiction and which law applied to their property. With both lawyers working towards an agreement, they agreed shared custody, the sale of the villa and the transfer of the Amsterdam flat to one spouse. The agreement was approved by the court in a few months and recognised in the Netherlands.
Before you sign or pay, ask a lawyer
Send us the document, the listing or a short summary of the problem. A lawyer will tell you what matters, what it could cost you and what to do next.
Questions about divorce in Ibiza
Can we divorce in Ibiza if we are both foreigners?
Often yes, if you live in Ibiza. The law applied may be Spanish or foreign, depending on the circumstances and any choice you made.
How long does a divorce take in Ibiza?
An agreed divorce can be completed in a few months. A contested one takes longer, depending on the court.
Is shared custody usual in Spain?
Yes, when it serves the children's interests and the parents' situations allow it.
What happens to our villa in Ibiza?
It can be sold, bought out by one spouse or kept in co-ownership. The agreement must state it clearly.