Legal separation
Separating does not always mean divorcing. We explain what separation involves and help you leave everything properly arranged.
What it involves
Legal separation (separación matrimonial, granted by a court or before a notary) suspends married life together without ending the marriage. It settles who the children live with, how time with them is shared, what maintenance is paid and who uses the family home. Many couples choose it for personal or religious reasons, or because they are not yet sure about divorcing.
Is this your case?
- You no longer live together, but you do not want to divorce yet.
- Your beliefs or your family disapprove of divorce and you are looking for another legal route.
- Your partner has left home and you do not know where you stand on the children or the expenses.
- You have been separated in practice for some time and want to put it in writing to avoid problems.
How we help
First we talk with you to understand what you are looking for: a pause, protection or a step before divorce. If there is agreement, we draft the separation agreement (convenio regulador) and handle the process. If there is not, we file the claim and defend your position before the judge. We take particular care over the arrangements for the children and let you know if the separation could affect your residence permit. We can help you in Spanish, Arabic, Tamazight, French and English, at our offices in Tenerife, Gran Canaria, Málaga and Barcelona or online, wherever you are in Spain.
If you later decide to end the marriage, we can help you with the divorce and with child custody.
Frequently asked questions
- What is the difference between separation and divorce?
- With separation, you stop living together as a couple and arrangements are made for the children, the home and your assets, but you remain married. With divorce, the marriage ends and each of you can remarry.
- Can we get back together after separating?
- Yes. If you reconcile, the separation can cease to have effect, and it is advisable to inform the court. We explain how to do this so that no measures are left pending.
- If I separate, will I lose my family member residence card?
- It depends on how you obtained your residence and on your current situation. In many cases there are options to keep it or to change it to another type of permit, and we review them with you before you take the step.
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Tell us about your case.
A first conversation — confidential and without obligation — to understand whether we can help, and how.
We speak Spanish, Arabic, Tamazight (Berber), French and English.