Spain Divorce & Family Law

Divorce & Family Lawyers: Spain

If an English couple have been living in Spain for a number of years they can apply for a divorce in their local Spanish Court. However, they would need to establish grounds for divorce under the laws of England.

We can provide such advice and also advise as to whether it is in fact better to divorce in England or Spain.  We also have access to efficient local agents in several regions of Spain. For example, you can visit this page if you need advice regarding your Spanish Will.

Spain & Children

Spain has long been an inconsistent applier of the Hague Child Abduction Convention. In large part, this is because there’s been no judicial centralisation. This has meant that a local court could have been dealing with a mortgage foreclosure one minute and then – the next (and possibly for the first time) – an abduction. A lack of funding and experience among judges and lawyers in this specialised field has compounded the problem. The result has meant cases have lasted many months, courts erroneously making welfare-based decisions, and appeals taking a year to resolve.

But now Spain is looking to address these issues. With effect from this month, abduction cases will be channelled through regional family courts, and an overall six week rule will be imposed (for first-instance and any appeal together). It remains to be seen whether the priority assigned to such cases materialises in practice, but even ahead of these changes coming into force we’ve noticed an increased velocity at appeal level.

Divorce is also being revised, although unlike the abduction changes these aren’t coming into force now. With effect from July 2017, instead of consensual divorces not involving children clogging the court system, couples will be able to agree to divorce before Spanish notaries.

We are specialist divorce lawyers and family solicitors and we have advised numerous clients who are either UK–based but originate from Spain, or are living in Spain but have a connection with England or Wales.

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