Divorce and Family Law in Mijas: Local Legal and Practical Information
In Mijas, family law matters—such as divorces, custody, and child support—are primarily handled by the Fuengirola judicial district. The Family Courts (Juzgados de Primera Instancia) are located at Calle Miguel Bueno, 26, corner with Avenida de Mijas, 29640 Fuengirola. For preliminary procedures—such as obtaining marriage or birth certificates, or civil weddings—the Justice of the Peace Court and Civil Registry of Mijas is at Calle Francisco Ruiz Martín "Corro", 13, 29650 Mijas, open Monday to Friday from 9:00 to 14:00.
The Fuengirola judicial district, which includes Mijas, manages a high volume of family law cases due to the local population and the area's social dynamics. It is important to note that complex or contentious family proceedings are not resolved in Mijas courts, but are referred to the Fuengirola courts.
Types of Divorce: Mutual Agreement and Contentious
Mutual agreement divorce is the fastest and least costly option. Both parties can jointly submit a regulatory agreement to the court. The average time from filing to judgment is usually 2 to 3 months, depending on the court's workload.
In contentious divorce, one party files the petition without the other's agreement. This process is longer and usually requires a court hearing. In the Fuengirola district, it typically takes 6 to 12 months to obtain a final judgment, although this can vary if expert or psychosocial reports are required.
The average cost of a mutual agreement divorce in the province of Málaga ranges between €500 and €1,200 per couple, including the drafting of the agreement and court processing. Contentious cases are more expensive due to their complexity and duration.
The regulatory agreement must include:
- Custody and visitation arrangements for children.
- Child support and, where applicable, spousal support.
- Use of the family home.
- Division of marital assets and debts.
Child Support and Custody: Criteria and Figures
Child support is determined according to Article 146 of the Spanish Civil Code: it must be proportional to the payer's resources and the children's needs. Courts in the Fuengirola district consider both parents' incomes, the number of children, and expenses such as school, healthcare, and housing.
National statistics indicate that average child support in Spain ranges from €150 to €400 per child, although amounts in the Costa del Sol may vary depending on local living standards and parental income.
Regarding custody, courts prioritize the best interests of the child. Joint custody is increasingly common, especially when both parents live in or near Mijas and cooperate effectively. Sole custody is granted when one parent cannot assume daily responsibility or there is a clear agreement. The standard visitation schedule typically includes alternating weekends and half of school holidays, but can be adjusted to family circumstances.
Our Approach in Mijas: Mediation, Negotiation, and Personalized Attention
Our firm in Mijas emphasizes mediation and out-of-court negotiation to reach agreements that minimize emotional and financial impact. We offer in-person consultations in Mijas and online services to suit your needs. When necessary, we collaborate with independent experts for asset valuation or psychosocial reports.
The initial consultation is no-obligation, where we analyze your case and explain legal options, timelines, and procedures in the Fuengirola and Mijas courts. Our goal is to defend your rights and those of your children in accordance with current regulations.
For procedures at the Mijas Civil Registry—such as obtaining certificates or registering births and marriages—you can go directly to Calle Francisco Ruiz Martín Corro, 13, Monday to Friday from 9:00 to 14:00.
If you need guidance on your family situation in Mijas, you can request an in-person or online appointment for an initial legal assessment tailored to local realities and court practices in the area.
