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. […]
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 […]
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 Legal Expert in Mijas-Costa / Calahonda – Sandra Wrightson, Barrister Overseas is on hand to help ex-pat families
Living the dream is what brings families to southern Spain; the more relaxed lifestyle, the favourable climate and the family-friendly culture. Yet for some, there are significant challenges to a stable family life. For example, work and economic factors can force one parent to work away from Spain; whilst schooling demands can take children back […]
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 […]
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 […]
Mums In Spain – the online community for mums and expectant mums
Being an expectant mum or new mother can be demanding at the best of times and especially when you're living abroad. That's why at De Cotta Law we'd like to introduce you to the newly enhanced online community, Mums in Spain. This is very much a site for mums built by mums. The vast majority […]
Pre-Marital Contracts
We are often asked if English law recognises pre marital contract. English law differs from the rest of Europe as we have a common law system where the “matrimonial regime” is not a fixed system granting specific rights from the moment of marriage. In Spain for example, the normal or default regime is gananciales or […]
Family Matters, Children and the Hague Convention
During the last 20 years a growing number of English families have settled in Spain. Many children are bilingual having settled into Spanish or international schools. If the parents separate, whether married or not, there can be very difficult decisions about custody, visits and maintenance. In the most difficult situations, one parent may want to […]