Child abduction and international families
Many families will be spending time away on holiday in August. The return to school and work is always difficult but for families who live apart or have to return to different countries this can be even more difficult. Perhaps the children have spent time visiting their mother or father in Spain and have to […]
Executors or Albaceas in Spanish wills
In the 3 jurisdictions of the UK, England & Wales, Northern Ireland and Scotland the role of an Executor – who often becomes a Trustee – is a personal obligation on the individual and a burdensome role. For this reason, most people either name their spouse or partner or a close family member. Where there […]
Inheritance tax 2017 Andalucia
Inheritance tax in Spain is charged differently in the regions of Spain if you are an EU resident. There have been some very beneficial inheritance tax changes this year in Andalucia. They apply when both deceased and the beneficiaries are resident in a European Union country*. Main home relief If certain criteria are met, […]
Divorce and maintenance
In 1979 Lord Scarman sought to emphasise the principle of a clean break when a marriage ends in divorce – “An object of the modern law is to encourage (the parties) to put the past behind them and to begin a new life which is not overshadowed by the relationship which has broken down.” Yet […]
Holiday Rental Andalucia – One year on
We are pleased to say that one year since this legislation came into effect many of our clients are now receiving registration numbers issued by the Junta de Andalucia for Holiday Rental properties. The registration document provides a VFT number (Viviendas con Fines Turísticos) and lists documents that must be available if there is an […]
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 […]