Separation in Spain

What is Separation?

Separation occurs when one (or both) parties no longer consider themselves to be in a partnership and there is no reasonable prospect of reconciliation.
While cohabiting still can exist separation in the eyes of the law. You could be legally separated but still living in the same dwelling, as long as the conditions for separation have happened.

The Court will require affidavit evidence to check that you have been separated while cohabiting in order to get a decree of divorce. In order to get separation in Spain the Court will need evidence of the end of the partnership and consider domestic arrangements – for example, who carries out the ironing, cooking, washing, etc. You may have an ongoing financial relationship and still be separated by law.

Before separating

Separation in Spain involves a number of decisions. Whether you are married or in a civil partnership, once you have made the decision to separate you should plan your course of action.

Naturally, you will need to plan how to restructure your life. You might consider questions such as: Will you take the children?, Do you fear a violent reaction from your partner?, Does your departure create any legal implications?

Your decisions may have unforeseen consequences that could cause problems for you in the future, so it is better to seek professional advice and avoid putting yourself at risk. If you are uncertain, seek support from government agencies, counselling services or associations proving assistance. Most are either free or reasonably priced and cost effective. You will not regret it!

When your relationship does it tough, you will receive a lot of support from the sidelines. Family and friends feel they are competent to advise you on what to do or what not to do. However, their experiences may not be relevant to your case. Every relationship is different and so is every separation.
Independent professional advice is important for everyone going through the trials of a separation in Spain. You will need advice on: Family Law as it applies to your specific circumstances, legal processes you may have to undergo, your options and the course of action most appropriate for you, and, the costs and expenses involved.

Why choose Martin & Perez for your separation in Spain?

Martin & Perez offers many benefits to all customers who need help with their separation in Spain, including over 20 years of experience, a dedicated English speaking team with a wealth of knowledge in law, competitive prices and a hands on approach making sure we always deliver results.

Martin & Perez have spent years, and solved numerous cases gaining the respect and trust of our clients. Martin & Perez will always help with your separation in Spain.


we will keep you updated as your case progresses and is always available to answer your questions in a timely, professional manner.


Our firm is committed to investing in state-of-the art technology to ensure that our clients have every advantage for their case.


When you hire us, we work for you and we fight to win. We handle the insurance company so that you can focus on the road to recovery.


We have built a strong workforce which spans not only multiple disciplines and areas of expertise, but differing backgrounds too, meaning we can support and represent clients from diverse backgrounds. Our Languages allow us to span the globe and ring a fresh perspective to your case.


Our focus here is on ensuring your case runs smoothly, and providing you access to the best legal service possible, each solicitor experienced in their respective field of expertise and accredited by the Law Society. We’re here to fully support you in your legal case and strive to exceed your expectations at every stage.


Talk to a Litigation Firm that can help

To learn more about how an experienced legal representative from our firm can make the law work for you or to discuss your legal questions and concerns, please contact us today. Feel free to call or email us to discuss your case. All consultations are confidential.