Your Divorce Lawyer
Harvey Lawyers
If you are unfortunate enough to be involved in a marital dispute, contemplating a divorce and live in Spain, we have a wealth of experience and would be privileged to assist should you decide to take matters further.
Procedure
Separation
Uncontested or Contested
International Divorce
Separation of assets
Civil Partnerships
Child Custody
Here's a taste of what's involved in divorce law.
The uncertainty of a divorce and what may result is stressful and emotional to you and your siblings. We are here to put your mind at rest by explaining and handholding throughout the process, to take the reigns on your divorce application with the expertise that is needed to get the resolution you desire. We are experienced and reliable lawyers that will reduce your anxiety and help you make the best choices possible.
What you must comply with to proceed with a divorce in Spain.
How do I Divorce in Spain?
Under Spanish divorce law, no reason is needed to request a divorce, only that one of the parties files a petition. There are two petitions you can request, one for Separation or the second for Divorce. The petitions are very similar in practice, although if you intend to remarry you can only do so after also processing the divorce petition. However, to process a divorce order you do not need the separation proceedings first.
With both options, you have the ability to reach an agreement outside of the courts, being signed before a judge, or process the full agreement in the courts.
If you can satisfy one of these initial requirements only then will you be able to proceed with your divorce:
That either party is a Spanish resident.
That either party is a Spanish national.
You are a Spanish national living in Spain as the plaintiff.
You are a Spanish resident as the defendant.
Divorce options and how to proceed?
Contested or Uncontested?
Type 1
Uncontested Divorce
Within the scope of seeking a divorce by one party, there is of course the uncontested and contestation of your application to consider. By far the most amicable option is where both parties agree to the dissolution of marriage. Both parties must present the ‘convenio regulador‘, governing convention, marriage certificate and always certificates of children involved. The couple must have been married for at least three months, but it is not necessary that they have participated in any form of separation. The necessary three month period may be ignored when there is a proven danger to the life of the petitioner. The decision lies with the judge who usually approves the governing convention providing there are no other issues and thus the process can take as little as 3/4 weeks.
The contract of the agreement covers the following:
Cohabitation and custody arrangements for any children, including visitation rights.
Child maintenance payments.
Any compensation allowance that can be made by one of the spouses in favour of the other spouse.
The use of the family dwelling.
The manner, if any, in which the spouses continue to contribute to family expenses.
Type 2
Contested Divorce
In this case, the divorce petition is filed by only one of the parties to the marriage, sometimes known as a contentious divorce, and the court procedure is long and somewhat complex. If the parties fail to agree on the governing convention, it may require negotiation and communication between lawyers and the production of third party evidence. Depending on the circumstances, before starting the divorce procedure, provisional measures may be set up in order to make property settlement, child custody, spousal support and alimony arrangements. The marriage certificate and the birth certificates of the children are always required, as is the intervention of a legal representative (Procurador) and a Spanish lawyer. A contested divorce can take anywhere from a few months to more than a year.
The division of foreign assets.
Divorce and what happens to our properties in Spain?
Divorcing in Spain
International Divorce
With the world we live in today, travelling and living abroad is becoming more and more popular. Thus the law has had to keep up with current trends and communication between countries is even better. When we have cross border issues where parties have assets in multiple countries, we need to divide these assets into an agreement where there is more than one jurisdiction involved. Our team are highly experienced in international dealings.
Spanish Assets
Properties solely in Spain?
If you and your spouse currently hold assets together within Spain, we can assist with the division or transfer of ownership of said properties even if the actual divorce proceedings are taking place outside of Spain. In turn, we also can provide advice and assistance when enforcing freezing orders issued by foreign courts.
Prenuptial agreements, are they valid in Spain?
Should I or shouldn't I?
A prenuptial agreement can be made prior, during and even after the relationship has ended and is a document that states how your assets shall be divided or dealt with in the event your relationship does not last. Prenuptial agreements are valid in Spain unless they are found to be damaging to a spouse or detrimental to any of the children involved. It goes without saying that this topic is delicate and needed to be dealt with correctly. If you should decide this is right for you, Harvey Lawyers are at hand to take the burden and prepare all that is needed for an effortless and successful application.
What are the requirements to terminate a civil partnership?
The Dissolution of Civil Partnerships
In Spanish, the ‘Pareja de Hecho‘ also know as a ‘Civil Partnership’ is the relationship between two parties with common cohabitation and joint interests.
Although similar to a marriage, legally ‘Civil Partnership‘ differ and cannot be comparable, therefore we have a separate set of regulations we must follow which would satisfy the termination of a Civil Partnership:
Child Custody
The decision of one party and notifies it to the 'Registry of Domestic Partnership'.
If one party is deceased
If there is a de facto separation of more than 6 months.
One party gets married.
Custody of the children
The children are the priority
The primary concern is that of the children when we are discussing divorce. Usually, it is very difficult to reach an agreement with both parties mainly regarding the topic of where the children are to live as their main residence. However, with a wealth of experience, we will advise you on the best ways to protect them and their best options.
Unfortunately, if there are more serious circumstances such as; if without the other parties consent, the child or children have been taken out of their current country of residence, we must act speedily. Also if there are discussions of holidays and possibly of a more permanent move outside of the Spanish borders, there must be specific court orders which allow these actions.
FAQ's
FAQ's surrounding Divorce Law.
Question 1
What do divorce lawyers need for their clients to know?
We as divorce lawyers need you to know that we have your best interests in mind and we fight for the perfect resolution for you. With your full cooperation and candidness, we can prepare and offer you the best available outcomes.
Question 2
How much will a divorce cost in Spain?
Obviously, this is variable depending on the intricate details of each case, but on average costs are around 1000-2000€. It largely depends on the legalisation of documents, power of attorney and if both parties agree to each other’s terms. Complicated proceedings could cost more time and therefore money but we can advise you of any issues we foresee at the beginning of our discussions.
Question 3
What are the benefits of hiring a lawyer for a divorce?
Firstly you will have an experienced team by your side to help you make the right decisions, give advice, and comfort you through this difficult process. Should you not hire an experienced lawyer you will find yourself in deep waters when negotiating with the opposition which will lead to an undesirable result.
Question 4
How can I get legal advice about a family law issue?
Contact us today for a free consultation and we can discuss your issues, put your mind and ease and plan a route forward for you. This will help you understand the law your issue is concerning and how to proceed in resolving your issue.
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