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 & Child Abduction
Strong Legal Track Record In Family & Divorce Law Skilled In Conflicts of Jurisdiction Child abduction, kidnap, Hague Convention cases, child custody and visits or contact Contentious divorce cases including financial, interim maintenance and maintenance for spouses and children Divorce by mutual consent including separation and divorce agreements giving a clean break or division of […]
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 […]
Taking a child overseas after a divorce
Following separation or divorce of residents in Spain, there is significant potential for conflict when one of the parents’ wishes to take the child to live with them overseas, for example back to the UK. This matter must be managed with great care in order to avoid committing a criminal act If a parent plans […]
Family Law – Children, Custody & Visits
There have been a lot of stories about the increase in child abduction cases between countries where parents live in different countries or have to leave the country they are living in for economic reasons. Sadly the issue of child custody and visits is one that arises in the summer holidays when the parents don´t […]
Family Law Overview
Many people have the idea that “Family law” is for those divorcing or separating and the difficulties of finance. However, the range of family law is much wider. At DMS, we can deal with Spanish and UK work adoption, parenting, maintenance, custody, guardianship and financial settlements. In Spain there are many people who came to […]
Child Abduction – taking an under-age child from his habitual residence to another country without the other parent’s consent
‘International child abduction’ is when a parent takes his under-age child (‘Jonny’), from his habitual residence to another country without the other parent’s consent or Court’s permission. Indeed, failing to return Jonny home after an agreed holiday or period abroad also constitutes international child abduction. Quite often, ‘abducting’ parents are unaware they have committed a […]
Family Law: Parents Responsibilities & Children’s Rights
Many younger people are moving to Spain to start a new life and enjoy the family-friendly lifestyle offered here, and many are starting families or relocating their families here. Inevitably some of these relationships will change and result in the parents living separate lives. It is at this moment that it is so important for […]
How do you choose a lawyer in Spain?
Choosing your legal representative in Spain can be complex. You want some one that speaks your language and understands your culture but also you need some one who can work effectively in the Spanish legal framework. To help you make your choice, consider these questions: Q. Does your lawyer speak your language? Do they understand […]
Separation of Assets
Many English people will remember signing their Deeds, (Escritura), of their property at the Notary. Spanish Notaries are officials of the state and have extensive experience and knowledge. Sometimes they ask a couple about their “matrimonial regime” and this can cause confusion with English and British nationals who are not aware of the concept. This […]