Why you should have an English will
Do you have assets in England or outside of Spain? You should always have a Spanish will for Spanish assets – if this is over 2 years old it is a good idea to get it reviewed due to changes in tax law and succession legislation. It is not a good idea to have a […]
News – Child abduction – Brexit – Joint custody
Hague Convention on Child Abduction. The list of countries who abide by the Hague Convention on Child Abduction has increased to include Japan, Albania, Kazakhstan, Morocco and the Russian Federation as well as a number of others. This is good news for the many international families where the children’s parents may live, work or have […]
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 […]
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 […]
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 […]
Child Abduction
Changing your Children’s country of residence – The summer holidays are coming to an end and for some families this means the end of a stay with a parent who lives or works in a different country. Perhaps the children want to remain in the UK after a holiday there, or they may want to […]
Property Injunctions – Boundary Disputes
In Spain it is possible to obtain court injunctions where there is evidence that a neighbour is building on part of your property or building without a licence and the construction affects your property rights. For example, if you live in a village house and a neighbour starts to build over a terrace or adjoining […]
Javier Florido appointed partner at De Cotta Law
We are delighted to announce the appointment of a new partner Javier Florido. With a wealth of experience in civil litigation Javier increases the range of services we can offer to private and commercial clients. Javier graduated in Law from the University of Malaga in 1991, and has been a member of Malaga’s Illustrious College of […]
Brexit – the legal effects
Like the many people who have lived and worked in Spain for many years I am disappointed by the outcome of the vote. However if Brexit does take place one can be optimistic about some aspects of the legal framework in Spain. Firstly there are likely to be a number of reciprocal arrangements between the […]
Holiday rentals and Tourism law
On Friday 1 July the Marbella Congress, Fairs y Exhibitions Centre housed the first Congress that dealt with the Law relevant to Tourism. The event was organised by the Malaga Bar Association in collaboration with Marbella Town Hall. The seminar raised questions on the legal and regulating framework of the Tourism Law, the peculiarities of hotel […]
Holiday rentals – New law Update
We can now provide an update on the new law on holiday rentals in Andalucia. This will apply to all individual Urban rental properties and not solely to those owners who have three or more properties. The law will come into effect on 12th May 2016. There will be a grace period of one year […]