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