The European Council Regulation No. 4/2009 of December 2008 in regards to jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters related to maintenance obligations is now in forced. As per its Article 76, this Regulation applies from 18 June 2011. This Council Regulation is of great importance as it will determine […]
FAMILY AND COHABITATION LAW; divorces, separations, etc. (Spain/UK)
Family law in Spain. Divorces, separations, execution of court orders, child abduction, etc.
Marriages, couples, parent-child relationships, their breakdowns, etc, in general family law, requires specific knowledge, particularly when the assets are in more than one country and when different laws may be applicable. Concepts such as nationality, domicile have to be interpreted and understood, according to the different legal systems. At White Baos Abogados we can help you in your divorce and separation in Spain.
Divorce and separation in Spain. The law applicable to marriage
When it comes to legally advising on a possible divorce or separation in Spain, it is essential to know the law applicable to marriage. Mainly, in what refers to the matrimonial regime.
Joint property system. Thus, it is essential to know under what matrimonial regime we are married. If the assets of the marriage are part of the matrimonial community. And therefore, it belongs to both spouses in principle regardless of who bought it. This is what is known as the joint or community property system. This is the regimen foreseen normally in Spanish, French, Belgian law, etc.
Separation property system. On other occasions, the matrimonial regime is that of separation of property. Which basically means that the spouses maintain separate estates. Therefore, what is acquired does not belong to your marriage community. Otherwise each one will have their own assets. The English system is interpretated in Spain to be of this kind.
Therefore, knowing the regime of our marriage is essential when starting a family procedure. Especially if we are expatriates. This way we will know if the assets we have in Spain and outside of Spain are considered to belong to both spouses, or not. It can also be very important to grant marriage agreements (pre and post nuptial agreements) to agree the marriage regime that spouses want.
Divorce and separation in Spain. The law applicable to divorce
Likewise, it is essential to know the law applicable to the divorce.
If the Spanish courts are competent to deal with the divorce, it is possible that the law that should govern the divorce is the Spanish one. But it may also be the law from another country.
The applicable law will depend on the place of residence of the spouses at the time of filing for divorce. But it may depend on the nationality, etc.
As lawyers it is essential to be able to determine what applicable law. To determine, the requirements to be able to divorce, etc.
Other services in the area of family law:
Likewise, our law firm assists individuals and other foreign law firms. Mainly in the notification of claims of foreign family proceedings in Spain. And international child abduction.
Drafting and enforcement of foreign court divorce or separation orders in Spain
One of the most important services we provide is to assist in the execution in Spain of family judgements (divorce, separation, etc.) granted abroad.
Sometimes, in divorce or separation proceedings, court orders granted in the countries of origin that must be executed in Spain. Our law firm assists foreign law firms in the drafting of divorce agreements. So that they can be executed in Spain. Well, they must include a minimum content, such as real estate registration data, etc.
We also help clients to execute their court decision in Spain, in the event that the agreed transfer of properties has not been fulfilled, etc.
Our family law service
As specialist lawyers we can advise you both in relation to divorce and separation in Spain, both by mutual agreement, as well as litigation, and in the rest of the services indicated.
If you want expert legal advice, do not hesitate to contact us.
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Dear Sirs, for the past few years I have had problems with my wife, in fact we no longer live together, we do not speak to each other and the marriage has not really worked as such for over the last 4 years. Despite living separate we have not been legally separated or divorced. I […]
At our firm we always try to make our readers and clients aware of the advantages and convenience of being able to reach an agreement in the cases of marriage crisis or when marriages comes to a breach. We firmly believe that an agreement is the best option for the spouses as well as children. […]