Family and matrimonial law in Spain
At Malaga Law Solicitors we appreciate that family and matrimonial matters can be extremely distressing and require more than just keen negotiating and technical skills.
We never lose sight of the real issues that are important to you and we undertake to deal with all matters professionally and sensitively at all times. Our aim is to resolve your dispute with minimal disruption and pain to all those involved.
We offer advice to both married and non-married couples including those in same sex relationships.
Our advice regularly includes an international dimension, and we offer specialist advice on:
- Divorce & division of assets
- Separation
- Cohabitation and rights of the parties
- Parental responsibility
- Custody and visitation rights
- Child abduction
- Adoption
- Financial agreements for maintenance and support
- Domestic violence and injunctions
We aim to provide our clients with clear uncomplicated advice explaining their legal options, in relation to all aspects of family and matrimonial law.
Conflicts of legal jurisdiction
Paloma España of Malaga Law Solicitors as a practising Spanish and English solicitor is in a unique position of being able to offer advice on conflicts of jurisdiction and regularly provides expert counsel to English and Irish based law firms and solicitors.
Procedure for divorce in Spain
The procedure for divorce or legal separation, initiated by both spouses, acting in common agreement, or by one of the spouses with the other's consent is always the preferred route.
The parties merely have to present the claim and an agreement ( convenio regulador ) dealing with issues such as:-
- Custody of children
- Visitation rights
- Maintenance or support payments for children
- Maintenance or support payments from one spouse to the other
- Division of assets (incl. matrimonial home)
In the case of contested divorces then it shall be left to the courts to deal with matters that would normally have been dealt with under the agreement ( convenio regulador ). The judge will determine what he considers appropriate according to the circumstances of the case and his decision will be final and cannot be appealed.
Civil partnerships in Spain and same sex marriages
With many couples deciding traditional marriage is not for them many these couples still have questions regarding the status of such relationships in terms of how Spain recognises overseas partnerships and also questions regarding inheritance law. Malaga Law Solicitors provides comprehensive legal advice on all forms of relationships.
Related articles:
Divorce or legal separation in Spain
Resolving jointly held Spanish based property following divorce or separation
Child abduction in Spain
