Spain's leading English speaking solicitors for conveyancing, probate, last will & testament, litigation, breach of contract, family & matrimonial law and Spanish inheritance tax.

news
	Vat on new builds reduced from 8% to 4% Spanish Government finally reacts to construction crisis

	Spanish housing minister appeals to British buyers to return Reforms promised to property and banking law

	Gloomy report on Spanish property market No recovery until 2016

	Repossession cases on the increase Repossession cases heard by Marbella

	El Archivo de Antequera aumenta sus fondos La familia Ramos deposita documentos relacionados con los 140 años de actividad de su despacho de abogados

	Foreign exchange Latest mid-market GBP to EUR

	Bank of Spain proposes doubling provisions for repossessed properties Proposed changes will drive property prices down

	Latest financial scandal Landsbanki mis-selling of equity release schemes

	Bogus Law Firms Fraudulent emails and website cloning

guides
	Guide to Spanish probate Probate in Spain and inheritance law

	Contesting a Spanish will Contentious probate & Disputed wills

	Applying for Spanish NIE number NIE application form in English

	Guide to drawing up last will and testament Use of non Spanish wills in Spain

	Deed of dissolution of joint property ownership Re-arranging assets following divorce or separation

	Divorce or legal separation in Spain Guide to Spanish divorce or separation

	Guide to buying property in Spain Legal guide on purchasing property in Spain

	Taxation of Pension Income in Spain Spain - a favourable tax environment

published articles
	Bank and insurance guarantees Enforcing a claim under bank or insurance guarantees

	Buy with confidence Avoid the pitfalls

	Executing a power of attorney Risks involved in executing a power of attorney

	Rural property Risks involved in buying rustic or rural property

	Refinancing and equity release schemes Spain an unregulated market place

	Starting a business in Spain Pitfalls of buying a business in Spain

	International child abduction Parental child abduction - Child abduction in Spain

			Divorce or legal separation in Spain
	Divorce or legal separation Individuals can divorce or legally separate in Spain if either party is a Spanish national or is Spanish resident at the time of filing the petition. A petition for divorce or separation can be filed with the courts after only 3 months of marriage or sooner if there are extenuating circumstances. There is no requirement to have been separated for any period of time prior to filing the petition. Uncontested or Contested divorce Uncontested divorces are where both parties, by mutual agreement, agree to divorce or to separate and the procedure is relatively quick and simple. Contested divorces arise when the petition is filed by only one of the parties to the marriage without the consent of the other party. The court procedure is then long and complex and may entail the need to put in place provisional measures (medidas provisionales) in terms of property, child custody and support or maintenance payments. Procedure 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 first step should be to engage a divorce lawyer with experience in dealing with Spanish and UK divorces. 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. Non Spanish nationals should consider engaging the services of a dual qualified English speaking solicitor familiar with the laws of the country in which they were married and in which the couple may still have jointly held assets. This is very important should one party reside outside Spain following the divorce and particularly so if there are child issues to be considered. Malaga Law with solicitors holding both Spanish and English practising certificates has substantial experience in international or cross-broder divorces. Effects of divorce One a divorce has been granted then both parties can legally remarry. Divorce terminates any inheritance rights or claims to any widow’s pension or any other obligations that go hand in hand with marriage. Divorced parents still retain their duties to their children. Related article Resolving jointly held Spanish based property following divorce or separation

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Spain's leading English speaking solicitors for conveyancing, probate, last will & testament, litigation, breach of contract, family & matrimonial law and Spanish inheritance tax.

Divorce or legal separation