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 […]
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 […]
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. […]
Pre –nuptial contracts and separation of assets
I recently wrote about the growing recognition of pre-nuptial contracts in the English and UK courts, particularly after a Supreme Court decision in the widely reported case of a French/German couple who chose to divorce in London. However in the Spanish jurisdiction and in many other Civil Code countries a couple can make a legally […]
Divorcing in the English courts – Using a Spanish based law firm and an English barrister
We are often asked whether a couple can choose which country to divorce in and where they will have the greater economic advantage. With the new European regulations a “first come, first served” approach has been taken. A lot has been written in the news about wealthy individuals – forum shopping – that is looking […]
Child Custody – UK and Foreign Nationals in Spain – Family Law
The Spanish courts have always had jurisdiction to decide on matters affecting children who are habitually resident here. However for many years this did not necessarily mean that Spanish law would be applied to decisions about custody, visits and maintenance as the matters were often decided under the law of the child’s nationality. Since the […]
Family Law Updates for UK Nationals
Recommendation on Pre nuptial contracts The Law Commission for England and Wales has recommended that pre nuptial contracts – an agreement on financial division of assets during the marriage and in the event of divorce – should become enforceable provided certain key conditions are met. A pre nuptial contract would become binding if the couple […]
FAMILY, CHILDREN, CHARITY OR THE DOGS HOME? – Inheritance Law Update
This is not an entirely flippant title for this article and it hopefully will make you read on! It is an old adage from UK lawyers who deal with wills that some people would prefer to leave their assets to Battersea Dogs home than to their children. The fact is that in England as in […]