Powers of attorney
A large number of properties in Spain are jointly owned by spouses, partners or sometimes by brothers and sisters who have inherited property from their parents. It is not always possible for all the joint owners to travel when it is necessary to sign documents, attend banks and local authorities who may then require proof […]
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 […]
The new succession regulation – Busting the Myths
This affects the inheritance law which applies to the estates of people who die after 17th August 2015. Most people by now are aware that there will be a change but there is a lot of confusion in respect of who this affects and how. Basically pursuant to Article 21 of the Regulation, as from […]
Enforcing a European Judgement in Spain
In March 2002 a new European Regulation came into force in Spain – Reglamento (CE) 44/2001 del Consejo, de 22 de diciembre de 2000. This allows judgements and orders from other European courts to be recognized and executed in the Spanish jurisdiction. For example where there is a European judgement in favour of a creditor […]
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 […]
Launch of International House of Mediation
DE COTTA LAW join with Humphries Kirk solicitors to launch International House of Mediation Dorset and Somerset solicitors firm Humphries Kirk has launched an International House of Mediation service (EWIV) with an expert network of dispute lawyers in 10 member countries. De Cotta Law play an important part providing the skills of Javier Florido and […]
Accidents Abroad Seminar
De Cotta Law contributed to a well received Seminar on Personal Injury claims in Europe recently. The event was held in Birmingham hosted by the law firm Lanyon Bowdler. Jon Sutton – the head of our Personal Injury department – spoke about the Spanish law and procedure having the advantage of working in both jurisdictions […]
ENGLISH INTESTACY LAW CHANGES
IMPORTANT CHANGES TO ENGLISH INTESTACY LAWS The law of England and Wales on intestacy, dying without a will, has been changed. The Inheritance and Trustees’ Powers Act of 2014 has substantially changed the law. Previously where a husband, wife or civil partner had not left a will and there were no children the surviving spouse […]
Lasting Powers of Attorney
Many people who buy property in Spain are told about the importance of making a Spanish will. However surprisingly few consider signing a lasting power of attorney at the same time. This can be particularly important for an older couple who have jointly owned property and bank accounts in Spain. If one of you becomes […]
Taking Children from Spain without both parents’ agreement
Many families from other European countries have settled in Spain over the last 20 years. Some parents are now returning to the country of their nationality and a decision has to be made about the residence of the child. This affects married and unmarried parents and may or may not involve a divorce or separation. […]
Residencia in Spain – fact, fiction and rumour
One very important aspect of living in Spain which seems to cause a great deal of confusion is the subject of residencia. I have lost count of the number of clients who have been under the impression that the requirement to register as a resident has now been abolished. This is completely untrue. The very […]
Enforcement of a UK debt against Spanish assets – recovery of assets and debt
The property boom in Spain may be over but during the last 10 years a large number of people from Britain purchased apartments, villas and commercial properties in Spain. Now that the credit crunch is upon us a number of UK lawyers need to help their clients recovering debts and the only asset may be […]