You applied for nationality once you reached one year of marriage to your Spanish partner. Months later, the relationship breaks down. As you sign the divorce agreement, one question keeps you up at night: have I just lost the nationality that was about to arrive as well?
Not necessarily. The key lies in when the requirements are assessed and in how you manage your residence while you wait.
The Marriage Requirement: “at the Time of the Application”
Article 22.2.d) of the Civil Code allows anyone who, at the time of the application, has been married to a Spanish citizen for one year and is not separated, legally or in fact, to apply for nationality after one year of residence.
The law sets the moment: the date you file the application. What happens afterwards does not, on its own, erase a requirement you already met.
Divorce and Spanish Nationality: What the National High Court Says
In a judgment of 31 January 2018, the National High Court recognised nationality for an applicant who divorced while waiting for the decision. The Administration had refused it because of the divorce, and the State Attorney’s Office itself ended up accepting the claim.
The rule that follows is clear, but it has important limits:
- If you were already separated in fact when you applied, the requirement was not met from the start.
- If the marriage is considered a marriage of convenience, nationality can be refused or annulled for fraud.
- If you applied through the general ten-year route, the divorce does not affect the residence period.
The Real Risk: Your Residence Card
Even if the divorce does not affect the marriage requirement, nationality requires you to remain a legal resident. If your card is a family member of a Spanish citizen card, it depends on the marital bond.
That is why it is advisable to apply in time for the appropriate residence authorisation after the divorce, so you are not left without legal residence while the file is still open.
Do Not Hide the Change in Marital Status
The Immigration Law treats the deliberate concealment of changes in marital status as a serious offence (article 53.1.c). In addition, hiding the divorce in the file may be treated as lack of good conduct or even as concealment that allows the nationality to be annulled.
We summarise the general requirements that still apply to your file here.
Mistakes That Complicate the File
- Letting the family member of a Spanish citizen card expire after the divorce.
- Hiding the divorce from the Ministry or the Civil Registry.
- Having applied while already separated in fact.
- Accepting a refusal based on the divorce without appealing it.
That divorce agreement does not have to take your nationality with it. What decides the outcome is the date you applied and keeping your residence in order until the oath.
Talk to a Lawyer Before You Sign the Divorce
If you are divorcing with a nationality application in progress, we review your residence and your application to protect both. At MigratioLex, we review your specific case, not a generic checklist. We respond within 24 hours, in English, French or Spanish.
Book Your Initial ConsultationThis article is for informational purposes only and does not constitute legal advice. Based on articles 22 and 25 of the Civil Code, article 53 of Organic Law 4/2000, Royal Decree 1155/2024 and the National High Court judgment of 31 January 2018.
