Tuesday, 3 December 2013

Divorcing or separating in Spain

If you are an expat living in Spain undertaking a formal separation or a divorce can be a minefield

Where should divorce proceedings take place in Spain

When considering divorcing one of the first things to establish is what jurisdiction will hear your proceedings. Legal advice in Spain should be taken to ensure the proceedings happen in the right country and within the right region of Spain. Who you are married to and where they are from may have less bearing than other matters like where you live and under what martial regime.

Court rulings

Like most countries it is always a good idea to get any agreements between the parties ratified by the courts. Whilst it may seem like a good idea to avoid the cost and time of this process when relationships perhaps remain quite good, failure by one of the parties to adhere to the agreements can only be enforced if there was a legal agreement in the first place.

Split of assets

Because of the emotions that run high during a break up often it is diffcult without third party intervention to agree what assets are common to both parties and what value should be placed on these.

Coming to agreements on assets is often the most lengthy part of any proceedings and can be sped up and agreed if a detached third party sits between the two parties. Of course a good Spanish lawyer will always work with the client who has appointed them, best interests as paramount, but they can also provide clear guidnace and advice across the whole spectrum and not be so hung up on individual parts of it.  

Children and dependants

The best interests of any dependants will always be a key focus for a parent. Whatever the issues between the partners most couples will want the best possible outcomes to prevail for the children. Spain has clear laws on custody rights, maintenance and visitations.

Read the full article: Family matters and Divorce in Spain 

No comments:

Post a Comment