Divorcing across borders: which court, which law, and what changes if you live in the Canaries

A German-Italian couple married in London, living in Costa Adeje with two children. When a marriage like that ends, the first legal battle is often invisible to the couple themselves: where the divorce is filed — because the court that hears the case brings its own rules on procedure, timing, custody practice and costs.

Which court? Habitual residence rules

Under the EU rules that govern jurisdiction in family matters, the decisive concept is habitual residence. As a general rule, if your family life is genuinely based in Spain, Spanish courts can hear your divorce — whatever your nationality and wherever you married. Where more than one country's courts could hear the case, timing matters: the court seised first generally keeps it. This is why "let's wait and see" can be a strategy with consequences.

Which law? Sometimes, your choice

Separate question: which country's substantive law governs the divorce. EU regulations allow spouses, within limits, to choose the applicable law in advance — and distinct rules again govern the matrimonial property regime (who owns what), which for couples married abroad often depends on where they first lived after the wedding. An international prenup or a simple choice-of-law agreement, made in calm times, prevents most of the expensive surprises.

What the Spanish route looks like

Spain is, by international standards, a fast and non-fault jurisdiction:

• No fault required — no need to prove blame; three months of marriage and a petition suffice.
• Mutual agreement: with a negotiated settlement (convenio regulador), a divorce can conclude in weeks; couples without minor children can even divorce before a notary.
• Contested: the court decides custody, maintenance and use of the family home. Shared custody has become steadily more common in Spanish practice where circumstances support it.
• Child maintenance follows judicial guideline tables adjusted to real income and needs; it is the child's right and cannot be waived away.

Cross-border children

Where parents end up in different countries, relocation and contact schedules become the heart of the case. International child-abduction rules are strict: moving children abroad without consent or court authorisation is the single most damaging mistake a parent can make in these proceedings.

The Canaries angle

Our family cases almost always involve two languages and two legal systems. We litigate and negotiate in Spain while coordinating with counsel in your home country — and consultations run in ten working languages, in person or by video.

In an international divorce, geography is strategy. Decide where before you argue about what.

Our family-law team can assess your situation confidentially — book a consultation.