International divorce
German-Spanish Divorce – Germany or Spain?
Whether the couple lives in Munich, holds a property on the Costa Blanca, or one partner returns to Spain: in a marriage with a Spanish element, the choice of country and law decides the economic outcome. To complicate matters, Spain has regionally different matrimonial property rules. From over 300 proceedings handled, we classify your case early and clearly.
Quick answer
Within the EU, uniform regulations govern the case: Rome III determines the applicable divorce law, Brussels IIb jurisdiction, the EU Matrimonial Property Regulation the property regime. In a German-Spanish marriage, both countries often have jurisdiction; whoever files first can help determine the applicable law. In Spain, the region also matters.
In brief
- Brussels IIb governs jurisdiction – often both Germany and Spain have it.
- Rome III determines the applicable divorce law; a choice of law is possible within limits.
- The property regime is governed by the EU Matrimonial Property Regulation.
- In Spain, regionally different property law applies (e.g. Catalonia).
- A property in Spain requires special attention.
Which court has jurisdiction?
Jurisdiction is governed by Brussels IIb. The main connecting factor is the habitual residence of the spouses. In a German-Spanish marriage, therefore, both countries often have jurisdiction. The principle applies: the court seised first retains jurisdiction. Anyone who wants to use the more favourable legal system should therefore not hesitate.
Which law applies to the divorce?
The applicable divorce law is determined by the Rome III Regulation – regardless of the place of proceedings. In principle, the law of the habitual residence applies; the spouses can make a choice of law within the limits of Rome III. A German court can therefore apply Spanish law and vice versa.
Property regime: gains or gananciales
German law has the community of accrued gains (monetary equalisation of the increase in value). The Spanish default regime is the sociedad de gananciales – a community of acquisitions in which what is acquired during the marriage belongs to both jointly. Which regime applies is determined by the EU Matrimonial Property Regulation. The differences in the distribution of assets can be considerable.
Spain's regional particularities
Unlike Germany, Spain has no uniform matrimonial property law. In some regions, separate rules apply: in Catalonia, for example, separation of property is the default regime, while in large parts of Spain the community of acquisitions (gananciales) applies. Classification therefore does not depend on "Spanish law" alone, but on the specific region.
The region matters too
"Spanish matrimonial property law" does not exist as a single thing. Whether Catalonia, the Basque Country or the general law applies can change the outcome fundamentally.
Property in Spain
Holiday or investment properties in Spain are a frequent point of dispute. They belong in the asset settlement but raise questions of valuation, registration in the Spanish register and cross-border tax treatment. These aspects belong in the strategy from the outset.
Property and divorce Assets abroad
Germany or Spain – we'll classify it
Tell us where you live, which nationalities exist and whether assets are located in Spain. You will receive an initial assessment of which route is more favourable for you.
Maintenance and children
For maintenance, the EU Maintenance Regulation with the Hague Protocol applies; usually the law of the creditor's habitual residence is decisive. For children, what matters is their habitual residence; moves between Germany and Spain and contact questions are sensitive and should be settled early.
Related topics
International divorce Which law applies Court jurisdiction Division of assets Property and divorce Assets abroad
Free tools to check first: Jurisdiction & applicable law
Frequently asked questions
Where can I divorce – in Germany or Spain?
In a German-Spanish marriage, both countries often have jurisdiction (Brussels IIb). The court seised first retains jurisdiction.
Which law is applied?
Rome III determines the applicable divorce law. In principle the law of the habitual residence; a choice of law is possible within limits.
Why does the region in Spain matter?
Because Spain has regionally different property law. In Catalonia, for instance, separation of property applies, elsewhere the community of acquisitions – with very different consequences.
What happens to our property in Spain?
It belongs in the asset settlement. Valuation, the Spanish register and cross-border tax must be taken into account.
Will the divorce be recognised in the other country?
Within the EU, decisions are generally recognised. → Recognition of a foreign divorce
Do you also advise in English and on Spain cases?
Yes. We support international clients in Munich and classify the Spanish element correctly early on.