Leaving the British Isles in search of sun, sea, and a new life is something thousands of people do every year. The number of British expats in Spain has dropped over the last decade. However, as Statista reports show, there are still more than 285,000 Brits living in Spain as of 2023. That number may drop further in the wake of Brexit and growing dissatisfaction from a small but vocal number of Spaniards [1].
However, even if there is a slowdown, the long-held tradition of Brits moving to Spain won’t stop completely. Indeed, there’s an allure to Spain that people can’t escape. Everything from the clement weather and idyllic scenario to its proximity to the UK has made it the top choice for Brits moving abroad over the last few decades.
Life in Paradise Doesn’t Fix Everything
For the majority, life in Spain is almost perfect. However, for some, life abroad can’t fix everything, particularly a broken relationship. Teasing out the specifics when it comes to divorce rates isn’t easy, so we can’t say for certain how many British expats separate while in Spain. That being said, we know the headline figure is high. According to the Divorce in Spain report published by the CEU Demographic Observatory in 2024, just over 50% of marriages in Spain end in divorce [2].
Separations are tough at the best of times, but the legal aspects of marriage can make things worse if you’re not prepared. What’s the issue here? Can’t people just apply for a divorce and that’s it? Yes, if you were born in Spain, that’s pretty much what you need to do. Potential issues arise, however, if you’re an expat. How do you arrange a divorce if you were born in the UK but live in Spain? The simple answer is that most people have two options: arrange the divorce via Spain’s legal system or go through the British system.
Stay in Spain or Divorce at Home?
There are certain nuances when it comes to Scottish divorce rules compared to the rest of the UK, which can be even trickier for expats, and experienced divorce lawyers can advise people in these instances. In most cases, divorce lawyers provide a clear overview of the legal process. From splitting assets and potential disputes to signing legal documents, divorce lawyers are invaluable. However, when it comes to arranging a divorce in Spain, lawyers in the UK can be extremely helpful.
Why? Because they can help you decide whether it’s best to use the Spanish or the English legal system. This decision, as we’ll explain in a moment, is an important one. Before that, let’s clarify what the rules are if you’re an expat. The issue of whether or not someone can use the Spanish or English legal system comes down to where they’re domiciled.
Determine Where You’re Domiciled
Someone living in Spain can still be domiciled in the UK. ‘Domicile’ refers to the country a person considers their permanent home and where they intend to remain or return. When determining domicile, the court will consider many factors, such as the location of property, family connections, and intentions to stay, etc. If one or both people in the marriage are domiciled in the UK, they can get divorced there, even if one or both live in Spain. If neither person is domiciled in the UK, using the English court system is virtually impossible.
Expats who have the choice between Spain or the UK typically choose the latter because applications are processed faster. In the UK, divorces usually take 26 weeks. In Spain, an uncontested divorce can take six months, while a contested divorce can take well over a year. Therefore, if you’re a British expat who wants to reduce the impact of what’s an already tough situation, it’s wise to apply for a divorce in the UK if you can.
Further Reading
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