I’m an expat living in Spain – where should I get divorced?
Obtaining a divorce is usually quite straightforward particularly if you both agree the marriage is at an end.
Difficulties tend to occur over the practical issues, such as where to live/disagreements about the children and financial matters.
The first question you must ask is – do you satisfy the criteria to issue divorce application in England?
This might be possible even if you do not live here. It will depend on your individual
Circumstances, and your level of connection with this country.
If you have any connection elsewhere, it is important to consider the possible outcomes in those countries and work out where might be best for you and your family, for the divorce to take place.
We have offices across Europe and Worldwide, and so maybe able to offer you the best solution.
I live in Spain. Where should I get divorced?
We can advise expats overseas and those expats with links and connections to England on divorce and the whole remit of family law.
If you or your spouse were born in England, or have connections to England, you may be able to divorce through the English courts.
If you are a British expat living in Spain and you are considering divorce or separation from your spouse or partner, you may be able to get divorced in Spain.
We advise British clients from across Europe, and assist them to divorce through the English courts, and achieve a financial settlement under English law.
Family law in Spain for unmarried couples
Unmarried British ex pats can make use of the Schedule 1 claim procedure through the English courts. You may even be able to secure an order for the other parent to fund your legal fees.
Child Disputes in Spain
We can advise you on and draft a parenting plan for families who require assistance post separation and can advise on safeguarding for children moving and relocating to Spain.
Using family law in Spain to resolve disputes
You may have been advised that divorcing in Spain can lead to more favourable financial outcomes. Or you might not have jurisdiction to divorce in England. It is important to be aware that the financial claims can be made under PART III of the Matrimonial and Family Proceedings Act 1984.
Before opting to divorce abroad, specialist advice is required, about the potential claims that could be made in other countries. So, you make the right choice for you and your family.
We have English speaking Spanish lawyers in our Spanish offices in Madrid and Barcelona. We have to ensure you make the right decisions.
Separation and Divorce in Spain
The first step if you are a British ex pat living in Spain, who wishes to divorce through the Spanish courts, is to find out if the Spanish courts have jurisdiction and will accept your application.
Criteria:
- You and your spouse are habitually resident in Spain.
- Spain was the country where you and your spouse had last habitual residence, if one of you still lives there.
- You are the applicant of the divorce, and your spouse currently lives in Spain.
- If you are the applicant of the divorce and you currently live in Spain, if you have lived there for the last year, or at least 6 months if you have Spanish nationality.
- In case of joint application, if either of you are habitually resident in Spain.
Family Law regimes in Spain
There are different regimes in Spain.
There is the common law established by Civil Code and there is regional specific laws for some Autonomous Communities of Spain: Aragon, Balearic Islands, Catalonia Galicia, Basque Country and Valencia.
So, your legal adviser will need to advise you on applicable law specific to your case.
The matrimonial property regime in Spain
The matrimonial property regime in Spain will have a huge impact on the consequences of the dissolution of marriage. The regulations are different in Common Law and Catalan Law.
Common law regulation
In the Common Spanish regulation, the general rule on financial relationship between a husband and wife is found in Civil Code Art. 1315 to 1317. The matrimonial property regime that will be applied to each marriage is the one agreed by the husband and wife in the prenuptial agreement or marriage contract.
If you/and your spouse have agreed a matrimonial property regime or if the marriage contract is void, Common the Spanish law establishes that the matrimonial property regime will be “community of property” i.e. the sharing of assets 50:50).
Catalan law Regulation
In Catalonia, the general rule on financial relationship between husband and wife is found in Catalonian Court Code, art. 231-10, matrimonial property regime.
The matrimonial property regime is usually agreed in the prenuptial agreement or if it is void, the property regime is that of separate property.
Spouses are free to choose their matrimonial property regime in Catalonia, but this option is only available in a marriage contract. This must be prepared by formal deed by a notary.
Separation and Divorce in Spain
There are two types of separation and divorce in Spain.
1. Mutual Consent
When parties agree on dissolution of marriage. They sign a regulatory agreement which includes details of how assets are to be divided, parental responsibility, child maintenance, spousal maintenance, and other financial assets. The divorce agreement will be signed and ratified by both parties and approved by a judge.
2. Contentious
Then, it is necessary to file a divorce application in the court. It will then be the Judge following trial who will decide on the dissolution of assets.
Separation of Assets in Spain on Divorce
Assets will be split according to the type of marital regime either under Common or Catalan Law.
Common Law Regime
Using the “Community of Property” regime all property and benefits each spouse accumulated before the marriage become common assets.
So, on divorce each retains 50% each.
If a husband and wife cannot agree on the division, court proceedings are necessary.
Parental Responsibility, children, custody, and maintenance.
On divorce or separation both parents continue to share joint parental authority for their child. Obviously there maybe exceptions. The divorce and separation will also include the type of custody that parents will have over minor children.
In Spain, there can be joint or sole custody, depending on the agreement or order of the court.
Depending on the type of order there will be fixed visiting arrangements and contact arrangements between the parents and child. Maintenance payments for the child may be secured by order to meet the children’s needs.
However, child support in Spain can be agreed between parents or by order of the court. This usually remains in place until the child starts university.
Deciding where to divorce as an expat involves careful consideration of multiple factors, including jurisdiction, financial implications, and the welfare of any children involved.
Whether you choose to proceed through the English or Spanish courts, understanding the legal landscape in both countries is crucial to securing the best possible outcome for you and your family.
Given the complexities surrounding international divorce, obtaining expert legal advice ensures that you make informed decisions that align with your circumstances.
With offices across Europe, including English-speaking lawyers in Spain, we are well-equipped to guide you through the process and help you navigate the intricacies of family law to achieve a fair resolution.