In 2010 the divorce rate in Spain has increased slightly compared to 2009, but the reality is that, since 2008 there is a downward trend in the number of divorces in Spain.
It is believed by many that the reason for the decrease in the number of divorces is the economic crisis affecting most families who generally have less income and therefore there is a greater economic dependence among members. It is also more difficult to sell a property etc. This means that sometimes at least temporarily, some families are forced to stay together because financially they have no other choice, as money wise they can not face a divorce: leave the family home to let out a property, etc.
Traditionally in Spain there is an increase in divorce applications right after the summer months or after a holiday period. This is also the case with the queries we receive at our office.
In this sense we advise our readers to be aware that in a situation of marital crisis they should first of all seek legal advice in reference to their rights, legal procedures, economic expectations and legal consequences before even informing the spouse or making any decision.
It is obviously highly desirable from a legal point of view that the spouses reach an agreement that will allow them to get divorced by consent which will pose greater security in the results of the divorce and will mean significant savings in time, nerves and MONEY.
In any case, before trying to reach an agreement, start a contentious divorce proceeding or even discussing the possibility with your spouse YOU SHOULD FIRST BE PREPARED FROM A LEGAL POINT OF VIEW.
This preparation can be very simple or extremely complex depending on each case and the spouses’ personal circumstances, estate, etc.
It is extremely advisable to:
1.- Determine which is the applicable law and the legally qualified Court for the divorce. If there is a possibility of choosing from more than one Court we must first check what the difference between them is and then chose the one that is the most profitable for our interests.
2.- Not only do we need to obtain the relevant information and documents in relation to the marriage and children in common, but we must also determine the rights of the parties to the properties and other assets as well as the contributions made by the spouses to the marriage. All these details could be relevant or simply necessary to start a proceeding.
That is; it will be necessary to obtain the original Marriage Certificate and Birth Certificates of the children, but is also of great importance to get documentation to prove the existence and value of investments of the spouses, property rights, shares, pensions, etc.
3.-We must determine which assets, properties; rights etc. can be a cause for dispute between the spouses and find the way to protect our assets from future claims.
4 .- Protect our interests and assets from our spouse that mans to prevent and avoid any money from being withdraw from common bank accounts or hiding certain documentation, etc.
5. – To stop the opposite spouse from moving, hiding or reducing his/her assets or investments before the divorce proceeding, as this could damage our rights.
In general we can point out that with a good legal preparation for a future divorce we have more options to get our rights adequately protected and to obtain better results and recognition of our claims.
Thus if you believe that either you or your spouse could make this type of decision in the near future and you could find yourself involved in a Divorce Process, we recommend you to consult your lawyer to get advise about how to be prepared for that possible scenario.
Should any reader be in this situation or similar please do not hesitate to contact us. You can rest assured that the appropriate advice will be provided.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
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White & Baos
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