Family
No-fault divorce, shared custody trends and regional civil law
Marriage and divorce are governed by the Civil Code, which since 2005 allows divorce after three months without proving fault. Several autonomous communities have their own civil law on matrimonial property and succession, which can displace the Code.
Key rules
- Divorce may be sought unilaterally after three months of marriage with no need to allege grounds.
- Custody decisions follow the best interests of the child, with shared custody increasingly favoured.
- Default matrimonial property regimes differ by region, from community of property to separation of assets.
Governing law
- Civil Code (Código Civil), Book I
- Act 15/2005 reforming separation and divorce
In practice
Identify the applicable regional civil law early: Catalonia, Aragon, Navarre, the Basque Country, Galicia and the Balearics have distinct rules.