Before proceedings can be commenced in divorce and family matters in Spain we will need to establish that the courts have and will accept jurisdiction to hear the case. Spain has two quite distinct matrimonial property regimes being separation of assets and community of property regimes “Gananciales”. The separation of assets regime will sound more familiar and involves each party having a distinct share in the matrimonial assets. However under the community of property regime a spouse automatically acquires a half share in any asset acquired by the other spouse in his or her name during the course of the marriage (save by inheritance).

Both contested and non contested proceedings can be pursued in the courts the former being decided ultimately by a Judge.

Maintenance applications on behalf of one of the parties or of the children may also be commenced along or at a later stage to the divorce proceedings.

Equally application for custody or for shared custody rights may be brought along with visiting rights.

Spain has created special express mixed criminal/civil courts to deal with allegations of violence against women.

We are accredited to attend and advise in appropriate circumstances both the party making the complaint and the alleged detained or bailed aggressor.

UK Court of Protection orders and enduring or lasting Powers of Attorney can be made to work effectively in Spain to allow for the disposal of the patients assets and the transfer of the proceeds of sale back to the UK.

We are able to advise on the effects of these orders in Spain and where appropriate prepare suitable Orders to be obtained in the UK to allow for easier implementation in Spain including assistance in the preparation of Certificates of Law.