I’M A WOMAN, 
I LIVE WITH 
MY PARTNER 
AND I WANT 
TO GET 
SEPARATED 
OR DIVORCED
WHAT
SHOULD 
I DO?
the custody of children we have 
What should I do? What together or recognised by my partner 
should I consider when be exercised? Do I have the right 
making the decision? What to alimony? And do I have the right 
needs to be regulated, i.e. to compensation on the grounds of 
legally organise? What’s work? What is the parenting pla? 
the difference between What child support do the children 
separation and divorce? Is we have together, have a right to, if I 
my relationship an unmarried assume the custody of the minors? 
partnership? Does an What visiting regime should be 
unmarried breakup need to applied? What is a mutually agreed 
be regulated? How should divorce? Will I have to go to court?
In the event of any exploitation citing the work authorized In the event of any exploitation citing the work authorized 
by the license, the author must be recognized. by the license, the author must be recognized.
MARRIAGE
It is likely that as a woman you have asked yourself these and If you were married in Catalonia or elsewhere in Spain, 
other questions when deciding to separate or divorce from or if you were married abroad or are a foreigner, you 
the person to whom you are married (man or woman) or your should know that the court which should hear your 
unmarried partner. divorce proceedings is the one which corresponds to 
your last address as a married couple.
You should be aware that the act which traditionally gives 
rise to a family is marriage, however, considering new forms Getting married has a number of effects on finances and 
of cohabitation, the family model has changed over time and property. These consequences are regulated by a set of 
the law also recognises the rights and responsibilities of: standards known as the marital financial regime. 
• unmarried partnerships The married couple comes to an agreement on this marital 
(stable partnerships or recognised unmarried financial regime at the time of the marriage or later (so-called 
partnerships, whether or not they are registered)
postnuptial agreements). 
• single-mother families 
(families consisting of mother and children) If there is no agreement between the couple, persons 
and single-father families with Catalan civil citizenship who cohabit and marry 
(families consisting of father and children) in Catalonia are subject to the financial regime of 
separation of asset. Separation of assets means that each 
spouse freely disposes of the ownership and administration 
of their assets, both from before the marriage and acquired 
during the marriage. However, each person is responsible 
for their own debts.
I’m married and I want to
get sIn tehe event of anpy exploitation citaing the work aruthorizead ted orIn the evendt of any exploitation citing the work authorized by the license, the author must be recognized. by the license, the author miust bve recognizoed. rced
A STABLE PARTNERSHIP, whether consisting of If you are MARRIED you may be wondering what the 
persons of the same or opposite sex, is that which has difference is between SEPARATION and DIVORCE.
the following characteristics: it consists of two persons of 
legal age, who live a lifestyle similar to marriage provided It should be noted that both SEPARATION and DIVORCE 
that the cohabitation lasts for more than two consecutive can be by MUTUAL AGREEMENT between the spouses 
years, have a child together, or formalise their relationship by or we may be DISPUTED, in which case it will have to go to 
public deed. Remember that in the case of forming a stable court if it has been filed by one of the spouses without the 
partnership, you can also process and regulate the effects consent of the other.
of the breakup judicially. 
It should be noted that, in Catalonia, Law 25/2010 of 
29 July (the second book of the Civil Code of Catalonia) As a woman you should be aware that even if the 
in relation to persons and family, does not require separation or divorce is of mutual agreement it is 
stable cohabitation as a partnership to be entered into a always advisable to have a solicitor to represent 
registry; therefore, your case could be that of a STABLE you and this should not be same person who is 
PARTNERSHIP – UNREGISTERED UNMARRIED representing your spouse or partner. In this manner 
PARTNERSHIP. your rights will be better protected. 
It is recommendable for you never TO 
I’M A WOMAN SIGN any agreement in private or any type of document without having it previously assessed.
AND I WANT  You should know that separation does not terminate 
the marriage, meaning that spouses can live separately but 
TO GET if they do not divorce they cannot remarry. In the case of divorce the matrimonial bond is broken and the spouses are free to remarry.
SEPARATED
OR DIVIn the event oOf any exploitationR citing the work authorized In the event of any exploitation citing the work authorized by the license, the author must beC recognized. ED by the license, the author must be recognized.
In the case of both separation and divorce and also separation As a woman, you should know that you have the right 
of a stable partnership, it is necessary to regulate a to ALIMONY regulated by Law 25/2010 of 29 July (the 
number of issues. second book of the Civil Code of Catalonia) in relation to 
persons and family.
They can be regulated by a mutual regulatory agreement, 
or else a judge will make the necessary decisions; if minors 
are involved, the public prosecutor will intervene and make a 
decision mainly in relation to the following issues: This compensation is provided to reduce the 
financial instability caused by separation or 
• If you have minor children: divorce.  
It has a limit: the standard of living during marriage 
– The parenting plan must be regulated. This is and which the person obliged to provide alimony 
a document attached to the agreement which can maintain. Therefore, as a woman, you have the 
describes the commitments made by the parents 
in relation to the custody, care and education right to alimony if your financial situation has been 
of the children. Remember that if there is no impaired as a result of separation or divorce.
agreement with the other parent in relation to the 
commitments on the custody, care and education 
of the children, a judge with the intervention of On the other hand, it may be the case that you have the right 
the Public Prosecutor will make the decisions on to FINANCIAL COMPENSATION ON THE GROUNDS 
this subject. OF WORK. This is a right which corresponds to you in 
– So-called child support is the amount to be paid the case of separation of assets, where you have worked 
as support for the children. This sum will depend considerably more than your spouse or partner at home and 
on the financial capability of the member of the without pay, and if, as a result of the tasks carried out at 
separated couple obliged to provide it and the home, your spouse has obtained a higher increase in assets 
needs of the minors. than you. This is in relation to cases where your spouse has 
progressed professionally and financially while you were 
• Assignment or distribution of use of the family working at home, often, with the responsibility of caring for 
home. the children. 
• The alimony, if applicable.
• Financial compensation on the grounds of 
work, if applicable.
I’m• The settlement of asseats, if applicable.In the event of any exploitation citing the work authorized woIn the event of any expmloitation citing the work authorized by the license, the author must be recognized. by the license, the author must be recognized. an
URGENT SITUATIONS PROVISIONAL MEASURES 
(URGENT)
There are cases where the sentimental breakup occurs 
suddenly, with one of the spouses or members of the These are ones that should be requested from the 
partnership leaving the home as cohabiting becomes Family Court in the case of separation or divorce in 
unbearable. which there is no type of judicial regulation. These 
measures can regulate situations in relation to the 
following cases:
• if the father is obliged to provide child support 
You should note that it is not for the children
advisable to leave the home while you • if the children have stayed with you or you have 
do not hold the ownership of the home, left with them
unless your physical or mental well-being • deciding when and how the children will live
is threatened or in danger. In this case, if 
you consider it necessary, you can report • deciding whether you should be paid any kind 
of alimony (child support in the Provisional 
it to the autonomous Police - Mossos Measures) or compensation on the grounds of 
d’Esquadra. work
• etc.
These measures remain in force as long as corresponding 
request for separation, divorce and/or custody of minors is 
You should be aware that as a woman, if you are a presented before the competent judge within 30 days of 
victim of gender violence by your spouse, ex-husband their adoption.
or person to whom you are linked or have been linked 
due to a sentimental relationship, and a report has A situation of urgency or need must be demonstrated in 
been made to these affects, then the Courts for order for them to be processed.
Violence Against Women is the competent authority 
for dealing with subjects of the family rights and You should know that if the obliged person does not 
voluntary jurisdiction, as well as the regulation of the comply with the sentence requiring him to provide child 
custody of minors, divorce, separation, etc. support for his children or alimony you can use a legal 
procedure known as judgement enforcement which 
enables you to recover the outstanding payments.
In any case, you can report these non-compliances to the 
autonomous Police - Mossos d’Esquadra.
In the event of any exploitation citing the work authorized In the event of any exploitation citing the work authorized 
by the license, the author must be recognized. by the license, the author must be recognized.
For further information,  
you can visit us  
for advice at the  
Information and Support  
Points for the Women 
of Barcelona. 
You can find our 
contact details at: 
barcelona.cat/dones
I’M A WOMAN,
AND I WANT
TO GET
SEPARATED
OR DIVORCED