When it comes to divorcing two spouses of different nationalities, you may not have realised that you can complete the legal separation in another country. This includes Spanish divorces taking place in the UK; something that we assist with and help to explain the often-complicated differences in Spanish law and jurisdiction. Our team of family lawyers have a strong expertise in dealing with international divorces across the world and have assisted many client’s based internationally.
Here at 1Solicitors, we have an expert team of Spanish solicitors that can assist with your divorce in Spain and provide 24/7 legal assistance to support you throughout the complicated process.
In order to get a Spanish divorce in Spain, you will need to complete a request on behalf of both spouses or at the request of one, with or without the consent of their partner.
You are only able to get a Spanish divorce if the marriage is more than three months old. Time is of the essence with Spanish family law, meaning that you need to speak to a Spanish solicitor in order to begin your divorce petition as soon as possible.
Unlike agreements made in the UK, Spanish prenups and post-nuptial agreements are legally enforceable and will be always referred to in the event of a divorce, wherever possible.
The only time in which a Spanish nuptial agreement will not be used when organising a legal separation is if the document represents an extremely unfair disadvantage to one spouse.
Because international divorces that take place with Spanish and British citizens often involve matrimonial property, it’s common practice to establish what will happen with any property shared before the marriage takes place.
There are three main types of matrimonial property regimes that are used in Spanish law:
Although England and Wales follow domicile principles when it comes to granting international divorces, the Spanish Civil Code means that both domicile residence (the country in which you’re officially using as your permanent home) and habitual residence (the country where you’re living in the short-term) have the same meaning.
So, under Spanish law, you may be able to be granted a Spanish divorce in the UK if you or your spouse are currently or have lived in England or Wales.
It may be appropriate for you for consult with our network of spanish divorce lawyers so you can assess which jurisdiction would be best for you to start your divorce and financial proceedings. Our spanish divorce lawyers can assist you with making that decision based on your personal circumstances which can be explored at a consultation.
Because Spanish divorces only take spousal maintenance into consideration if it is clear that one spouse is significantly weaker than the other and unable to support themselves financially, spousal maintenance may not always be awarded after a Spanish divorce.
However, if the Court decide that spousal maintenance is necessary, they will clearly set out the payment terms, including how much you will be required to pay and the duration in which you’re expected to pay it.
Under Spanish law, child maintenance for spouses wishing to divorce will be arranged very early in the divorce process. This means that if your spouse has already made on offer on what they’re willing to pay to support the children you share, you should respond and clearly map-out your financial situation as soon as possible. This will prevent the Spanish divorce proceedings from taking a much longer time to finalise.
However, child maintenance is not an easy thing to be decided and will need to take both parties’ financial circumstances into consideration in order to ensure that it is fair.
In this case, it’s essential to get a professional Spanish solicitor that specialises in child maintenance who can provide impartial advice on what financial support will be best for the children.
When a person becomes a parent in Spain, they are automatically granted parental responsibility and must provide everything in order to care for their child properly.
This means that when a divorce is taking place and the spouses are both parents of the children in the family, they will still have rights to make decisions on key aspects of their life, including decisions around their health and education.
Unfortunately, it’s not uncommon for spouses to fail to reach an agreement on where their child will be living – especially if the parents are nationals of two different countries.
In divorce cases that happen between Spanish nationals and UK citizens, you may be convicted of child abduction if you relocate the child to another country after a divorce.
Here at 1Solicitors, we follow the Hague Convention on the Civil Aspects of International Child Abduction. This means that there are clear steps to follow if your spouse has taken your child out of the country without your permission and ensure that the child is returned to a safe environment.
If you are looking for a Spanish lawyer that is familiar with the law surrounding child arrangements, divorce and property division after a separation, get in touch with our team today who specialise in Spain. Divorce isn’t a simply thing to understand, which is why we clearly explain the process of a Spanish divorce when proceeding with our team.
We have years of experience working with Spanish family law cases in the UK and we’d love to help you resolve your case as quickly as possible.