Grounds of divorce
Working as a Family lawyer with a knowledge of English and Spanish laws and procedures one thing that stands out is the concept of no-fault divorce. Spain in line with many countries in Europe introduced no-fault divorce some years ago. After three months of marriage either party can apply to the courts in Spain to […]
Co-habitants rights. Do they exist?
In English law there is no such thing as a “common law marriage”. In fact the situation for co-habiting couples is causing increasing concern as more than 35% of couples who live together and share property believe they have legal rights which in fact do not exist. This was revealed in a survey carried out […]
Getting a Divorce
Working as a Family lawyer with a knowledge of English and Spanish laws and procedures one thing that stands out is the concept of no-fault divorce. Spain in line with many countries in Europe introduced no-fault divorce some years ago. After three months of marriage either party can apply to the courts in Spain to […]
Inheritance rules
How often have you heard the phrase he or she “left all their money to the dog’s home.” British people do generally have testamentary freedom and can do this. The 3 distinct legal systems of England & Wales, Scotland and Northern Ireland do adhere to this general principle but there are some variations in their […]
Divorce in Spain or England
As an English and Spanish law firm we are often asked where it is “best to divorce”. Obviously, there is no standard answer to this as each case will depend on its merits and the particular circumstances. However, as we have lawyers with specialist knowledge in each jurisdiction we can advise on whether there are […]
Compensation for Mortgage payments – Floor clauses
SPANISH MORTGAGE CLAIMS : Following a judgment of the European Court of Justice on 21st December 2016 you may be able to claim compensation from your bank if you have a mortgage containing a “floor clause” which has been held to be unlawful by the European Court of Justice. Many Spanish mortgages were linked to […]
Town Halls to repay taxes to property sellers
A decision of the Malaga administrative courts may have set a precedent for thousands of vendors in Andalucia who sold their properties for less than the purchase price. The local Town Hall tax – plusvalía – has been charged on all property sales, inheritances and donations for many years. In some cases the tax has […]
How to execute a foreign divorce order dealing with Spanish property
There have been a lot of foreign divorce orders dealing with Spanish property in recent years. When any division of matrimonial assets takes place it is important to ensure that any order from England, the UK and countries can be put into effect and executed in Spain. Even when there is an agreement between the […]
Tax and Holiday Rentals
Income earned on the rental of holiday properties in Spain has to be declared to Hacienda, the tax authority. The rate is now 19% but importantly there are a number of expenses that can be set off against the income. These are IBI (rates), Community of owners charges, Agency fees for advertising and maintenance and interest […]
Accidents on holiday in Spain
If you are a UK resident and have had an accident in Spain whilst on holiday at a hotel, shopping centre, a supermarket or restaurant then you may be able to bring the claim in the UK. It is a different procedure if you have booked a package holiday from the UK as you will […]
Habitual residence of children and Relocation
When parents separate and live in different countries there may be a very difficult decision to be made about where the children live and what effect a change of residence has on them. The laws in Europe and most other countries focus on the “habitual residence” of the children. The decision on where the children […]
Consultations with a lawyer – Spain
At De Cotta Law we believe that the preliminary legal consultation is the most important moment in building the framework for success with your legal matter. This is when the initial understanding of your need, dispute or conflict must be fully understood and assures you of the best possible advice. Documentation is often the key […]