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 […]
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 […]
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 […]
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 […]
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 […]
Custody & Maintenance Orders
Can a court order for maintenance or custody be modified? When the Court grants an order in family proceedings for separation, divorce or custody the financial, housing and visits will be considered at the time the order is made. As the children get older some of the circumstances may have changed and those originally agreed by […]
Joint custody
The number of legal cases in which parents request joint custody is increasing. However, every Court decision relating to the custody should aim at securing the best interests of the child on the separation of the family. Joint Custody can fulfil this aim, but there are certain types of cases where joint custody may not […]
Property and marriage or divorce
Many people will remember signing their Deeds, (Escritura), for their property at the Notary. Spanish Notaries are officials of the state and have extensive experience and knowledge. Sometimes the Notary asks a couple about their “matrimonial regime” and this can cause confusion with English and British nationals who are not aware of the concept. it […]
Custody of children when moving abroad
This is an important issue as moving to another country with your children without the agreement of both parents can have a disastrous effect. Relocation of children can be agreed but the failure to ensure you have an agreement or a Court Order before leaving the UK, Spain or your home country can result in […]
Ley de Familia
¿PUEDO CAMBIAR LIBREMENTE EL PAIS DE RESIDENCIA DE MIS HIJOS? La cuestión que planteamos en este artículo es de una importancia vital, puesto que cambiar el país de residencia de los hijos menores sin adoptar las necesarias cautelas puede tener consecuencias desastrosas para toda la unidad familiar, principalmente para los menores. Cuando uno de los […]
Family agreements for children
Many families travel back to their home countries at Christmas or come to Spain to visit parents and siblings. If children of the family are living with one parent who has custody and visiting another parent it is very important to have an agreement before the holiday period. It is much better to have the […]