Modifying a court order on residence or maintenance
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 the parties, or decided upon by the Judge, become […]
Family Law Spain
Family law is a wide field and there are many solutions both in the courts and as private agreements. Advice taken early as a precaution can be very helpful. When a conflict can only be resolved in court it is important to have the support of a lawyer who manages your case and helps to […]
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 […]
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 […]
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 […]
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 […]
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 […]