What is a divorce settlement agreement (convenio regulador)?
The *convenio regulador* is the legal document that captures all the agreements between two spouses (or co-parents) when they decide to end their relationship. It is far more than a formality: it is the text that will govern family life for years to come — from who has the children each week to how school expenses are split.
Its legal basis is found in Article 90 of the Spanish Civil Code (*Código Civil*), which sets out the minimum mandatory content that every *convenio regulador* must include for a judge to approve it. Without this document it is not possible to proceed with an express divorce or any mutually agreed divorce in Spain.
When is it required?
- Mutually agreed divorce: It is an essential requirement. Without a *convenio regulador* signed by both parties, the court will not accept the petition.
- Legal separation: Just as with divorce, if the separation is consensual it must be accompanied by a *convenio regulador*.
- Contested divorce: Even when there is no agreement, each party may submit their own proposed *convenio* for the judge to consider.
Who drafts it?
It is usually drafted by the parties' lawyer. In a mutually agreed divorce, both spouses may share a single lawyer, which considerably reduces the cost of the process. It can also be prepared with the help of a family mediator, particularly when negotiations have stalled. In any case, it is essential that both parents understand every clause before signing: an agreement signed without full understanding is an agreement that will be breached.
A *convenio regulador* is not just another step in the divorce process. It is the most important document of your new family chapter. Every line you leave ambiguous today will become a dispute you have to resolve tomorrow.
Mandatory sections of the divorce settlement agreement
Article 90 of the Spanish Civil Code lists the sections that every *convenio regulador* must include when there are minor children. These are the six sections that cannot be omitted:
- Child custody: Shared or sole custody, the time-sharing schedule, and an explanation of why the arrangement is in the children's best interests.
- Visitation arrangements: Days, times, handover location, and the division of school holidays (summer, Christmas, Easter, bank holidays, birthdays).
- Child support (pensión alimenticia): Monthly amount per child, payment date, payment method, and an adjustment clause (usually linked to the Consumer Price Index, IPC). For more detail, see our guide on the divorce settlement agreement.
- Use of the family home: Who stays in the property, for how long, and who covers the mortgage, community fees, property tax (IBI), and home insurance.
- Spousal support (pensión compensatoria): Amount, frequency, duration, and grounds for termination when the divorce creates an economic imbalance between the spouses.
- Division of matrimonial assets: Inventory of joint assets (real estate, vehicles, bank accounts, debts), their valuation, and allocation to each spouse.
Settlement agreement template — section by section
Below is a *convenio regulador* template with fields you can complete and adapt to your specific situation. Each section includes the model text followed by a brief explanation of what information to enter. Remember that this template is for guidance only and must always be reviewed by a lawyer before being submitted to the court.
Child custody
"Shared custody / sole custody in favour of Mr/Ms ___ of the minor children [full name and date of birth of each child] is hereby agreed. The shared custody arrangement will alternate in periods of [alternate weeks / fortnightly periods / as per the attached calendar], with handovers taking place on [day of the week] at [time] at [location: mother's address, father's address, school]."
State the type of custody chosen and, if shared, the specific time-sharing schedule. Specify the exact day, time, and location of each handover to avoid misunderstandings.
Visitation arrangements and holidays
"During the periods in which the minor children are with [Mr/Ms ___], the other parent shall have the right to telephone or video-call contact [daily / every two days] between [start time] and [end time]. Summer holidays will be divided into [two fortnights / two one-month periods], with the [father/mother] choosing during even years and the other parent during odd years. Christmas holidays will be split into two periods: from [date] to [date] and from [date] to [date], alternating each year. Easter holidays will go to the parent who did not have the children during the first half of Christmas. Children's birthdays will be celebrated [jointly / with the parent whose turn it is according to the calendar]."
Set out the full holiday and special-occasion calendar. Do not forget to include bank holidays and local public holidays. The more specific you are, the fewer disputes you will face in the future.
Child support
"Mr/Ms [name of the paying parent] shall pay child support in the amount of [amount] euros per child per month — a total of [total amount] euros per month — by bank transfer to account [IBAN] by the [number]th of each month. This amount will be updated annually in line with the Consumer Price Index (IPC) published by the INE, with the adjustment applied in [January / the month of the judgment] of each year. Child support covers the following ordinary expenses: [food, clothing, housing, school supplies, health insurance, regular transport]. Extraordinary expenses shall be governed by clause [number] of this agreement."
State a specific amount, not a range. Clearly define which expenses are covered by child support and which are considered extraordinary. Linking annual updates to the IPC avoids the need to renegotiate every year.
Use of the family home
"The use of the family home, located at [full address], is assigned to [Mr/Ms ___ / both parents on an alternating basis] [until the youngest child reaches the age of majority / for a period of ___ years / until the property is sold]. Mortgage payments will be met by [both parents equally / Mr/Ms ___]. Community fees, IBI, and home insurance will be paid by [the relevant party]."
Define clearly who lives in the property, for how long, and who pays each associated cost. If sale is agreed, set a specific timeline and the procedure for determining the price (professional valuation, agreement between the parties).
Spousal support
"Mr/Ms [name] shall pay Mr/Ms [name] spousal support of [amount] euros per month for a period of [number] years, by bank transfer to account [IBAN] by the [number]th of each month. This support will cease upon [substantial improvement in the recipient's financial situation, the recipient entering a new cohabiting or equivalent relationship, the recipient's remarriage, or the death of either party]."
If no spousal support is applicable because both spouses are in similar financial positions, include a clause to that effect, such as: "Both parties expressly waive spousal support as no economic imbalance resulting from the divorce exists."
Division of matrimonial assets
"The spouses, married under the [community property / separate property / participation] regime, proceed to the division of their matrimonial assets in accordance with the following inventory: Real estate: [description of the property, land registry details, estimated value, allocation]. Vehicles: [make, model, licence plate, estimated value, allocation]. Bank accounts: [bank name, last digits, approximate balance, allocation]. Joint debts: [outstanding mortgage, loans, description and allocation]. The parties receive the assets and assume the debts as set out above, and declare that the division is equitable and that neither party has any further claim against the other in this regard."
Compile an exhaustive inventory. Do not leave out assets that could generate future disputes: pension plans, life insurance policies, company shareholdings, or cryptocurrency.
Common mistakes when drafting a settlement agreement
Having seen the template, it is equally important to understand the mistakes most couples make when drafting their *convenio regulador*. A single oversight can lead to years of conflict.
Using vague or imprecise language
This is the most common mistake and the most costly. Phrases such as "holidays will be divided equitably" mean nothing in practice. An effective agreement uses specific dates, exact amounts, and detailed procedures. Ask yourself: "If we disagreed about this, would this clause give a judge enough information to decide?" If the answer is no, rewrite it.
Forgetting extraordinary expenses
Many agreements handle child support well but say nothing about extraordinary expenses. Then the bills arrive — orthodontics, summer camp, new glasses — and no one knows who pays or how much. Define what counts as an extraordinary expense, what percentage each parent covers, and how it must be approved before being incurred. For more detail, see our guide on shared expenses for children after divorce.
Not specifying the holiday and public holiday calendar
Saying "Christmas on alternate years" is not enough. Starting from which day? Until what time? Who has Christmas Eve and who has New Year's Eve? An incomplete calendar is a guaranteed source of conflict. Draft a calendar covering all school holidays, long bank-holiday weekends, and dates that matter to your family.
Failing to provide for future modifications
Circumstances change: children grow up, jobs change, financial needs evolve. A well-drafted agreement includes a clause setting out the procedure for requesting a review when there is a substantial change in circumstances, avoiding the need to go straight back to court.
When you need a lawyer
The short answer: always. Although it is not legally required that a lawyer draft the *convenio regulador*, legal representation is mandatory for filing the divorce petition with the court. In practice, trying to draft a settlement agreement without legal advice is like building a house without an architect: it may hold up for a while, but structural problems will surface sooner or later.
Legal representation is mandatory when there are minor children
When there are minor or disabled children, the involvement of a lawyer (*abogado*) and a court representative (*procurador*) is compulsory in all cases, even in mutually agreed divorces. In addition, the agreement must be approved by the Ministerio Fiscal, which will ensure that the terms do not harm the children's interests.
Legal aid is a real option
If you cannot afford a lawyer, you are entitled to apply for a free court-appointed lawyer through the *turno de oficio* scheme administered by the Bar Association (*Colegio de Abogados*) in your city. To qualify, you must demonstrate insufficient financial resources (as a general guideline, income below twice the IPREM). Applications are submitted at the local Bar Association or at the Legal Guidance Services (*Servicios de Orientación Jurídica*) at the courts.
A good lawyer saves money in the long run
A poorly drafted agreement generates enforcement proceedings, modification procedures, and court time that cost far more than the original lawyer's fees. Investing in a good professional at the outset is the best investment you can make for your own peace of mind and your children's wellbeing. If your ex is not complying with what was agreed, see our guide on what to do when the settlement agreement is breached.
Frequently asked questions
Can I draft the settlement agreement without a lawyer?
You can draft it as a working document to negotiate with your former partner, but to submit it to the court you will need a lawyer and a *procurador*. If there are minor children, the Ministerio Fiscal must also review and approve the agreement. Use the template in this article as a starting point for preliminary discussions, but leave the final version to a professional.
Can the settlement agreement be modified after it is approved?
Yes, provided there is a substantial change in circumstances that could not have been foreseen at the time of signing. Common examples include one parent losing their job, a relocation for work reasons, or changes in the children's needs (for example, starting university). The modification is handled through a measure-modification procedure (*procedimiento de modificación de medidas*) before the court that issued the original judgment.
How long does it take a judge to approve the settlement agreement?
In a mutually agreed divorce with a well-drafted *convenio regulador*, the procedure typically takes between one and three months from the date the petition is filed. The timeline varies depending on the court's workload. If the judge or the Ministerio Fiscal considers that any clause does not adequately protect the children's interests, they may request amendments, which will extend the process.
What happens if my ex does not comply with what we signed?
A *convenio regulador* approved by the court carries the same force as a court judgment. If your ex fails to meet any of their obligations, you can apply for enforcement (*ejecución forzosa*) at the court. In cases of non-payment of child support for more than two consecutive months, the matter can even lead to criminal liability. Documenting each breach is key to any claim. See our full guide on breach of the settlement agreement for all the steps involved.
