The article 96 of the Spanish civil code states that: In the absence of agreement of the spouses approved by the Judge, the use of the family home and objects of ordinary use on it, correspond to the children and the spouse in whose company they remain. …. Therefore, what is provided by the Spanish […]
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.
Latest Articles and Real Cases Related
In this section we publish legal articles and real court cases of your law firm. Consult your doubts in our database
FOR several years now following the approval of the 15/2015 law of voluntary jurisdiction, it is possible in Spain to get divorced or separated before a public notary, provided that several requirements are met, including: .-That the divorce or separation must be by mutual consent or agreement .-That there are no minor children .-That there […]
Dear lawyer, My husband and I are expatriates who live in Javea. We got married in Spain years ago. I would like to know, in the event of a possible divorce, if the properties bought by my husband (in and out Spain and) during the marriage belongs to both of us or only to him. […]