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 […]
Consultations with a lawyer – Spain
At De Cotta Law we believe that the preliminary legal consultation is the most important moment in building the framework for success with your legal matter. This is when the initial understanding of your need, dispute or conflict must be fully understood and assures you of the best possible advice. Documentation is often the key […]
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 […]
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 […]
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 […]
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 […]