Many couples with Romanian ties live in Spain, educate children in Madrid schools and hold assets in one or both countries. Divorce may be possible here when international rules give Spanish courts jurisdiction, but the path is not always the same as for two Spanish nationals with no foreign assets. Gaurley works in Spanish, Romanian and English and coordinates what closes in Spain with what remains open in Romania. This analysis covers jurisdiction, documents and common mistakes.
Can you divorce in Spain?
Often yes when both reside in Spain or the respondent is domiciled here, subject to EU and national rules.
Romanian nationality does not block a Madrid divorce if jurisdiction exists.
Check marriage registration, property regime and prior undissolved marriages abroad.
First step is jurisdiction and applicable law, not merely filing.
Typical documents
Marriage and birth certificates, sometimes apostilled or legalised.
Proof of residence in Spain.
IDs and children’s details for child measures.
Assets in Romania should be listed even if divorce is Spanish: unresolved items may be litigated there.
Uncontested route and translations
Agreed settlements must be clear on custody, maintenance, home and patrimonial effects.
Sworn translations may be needed for Romanian authorities or later recognition.
A Spanish agreement does not automatically replace registrations abroad.
We draft bilingually when the family needs clarity to comply.
Children, travel and dual ties
Travel authorisations and passports must fit family movement between countries.
If a parent plans return to Romania with a child, the settlement should address risk and decision rules.
Maintenance in euros needs clear enforcement and indexation.
Mediation helps when conflict is cultural or linguistic, not only legal.
Bring to the first meeting
Where spouses and children live, since when, and assets in each country.
Agreement or deadlock on children and home.
Certificates available and deadlines (travel, school, mortgage).
We define whether Spain is the right forum and what to coordinate in Romania.