Costa Blanca Lawyers - Divorce in Spain or in England - advice in English from English Lawyers
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In Spain when purchasing a property this is
usually done on an equal basis, namely that
both parties own the property in equal shares
unless it is otherwise stated in the Deeds.
This issue for anyone purchasing a property
needs to be resolved before attending the
Notary to begin Divorce proceedings.
The same applies to joint bank accounts. So
for those that think they can just empty a
joint bank account they should think again.
Probably only half of it is legally theirs and can
end up with another legal battle.
For those with children consider carefully
what is best for them. Responsibility and
residency depends upon nationality of the
parents, the place of marriage and their
residency. Anyone thinking of escape from
Spain with children should think seriously the
action they are about to take may be illegal
especially if Children were born here. Care,
upbringing and access by both parents is
encouraged in Spanish divorce courts.
If faced with the situation of divorce it is
important to get legal advice regarding your
own personal situation and the countries
involved. It is possible to divorce in England
or in Spain and there are certain advantages
for both. We are here to help you call us.
Divorce can be undertaken in Spain or in England depending on your circumstances
Divorce can be
undertaken in Spain
or in England
according your own
situation
In Spain property is
usually owned on an
equal basis unless
stated differently on
the deeds
Many couples move
to Spain to mend an
already difficult
marriage this rarely
works and ends up
more complex and
costly
Spanish courts
encourage joint
upbringing, access
and care of Children
The laws in England
and Spain are
different as are the
way courts approach
divorce
It is a sad fact when a relationship fails
there is often bitterness and resentment
which leads to a battle over assets, children
and money. Often the children get caught in
their parents’ disagreements and are used as
a lever. Both Spain and England have their
own approach to divorce and it is worthwhile
considering which country would provide a
fairer settlement. If children are involved then
systems are in place to collect maintenance
irrespective of where you live within the EU
Sadly there are many British separations for
those living in Spain and the situation is often
problematic particularly if it involves children.
It is doubtful that there is any such thing as
“an amicable divorce” and the situation is
often complex with assets in more than one
country.
It is important for those in this situation to
understand that the laws in England are
different from those in Spain. There is also a
difference in the way in which the Courts
approach divorce.
It is necessary to look at the assets and
where they are situated and their value.
What belongs to whom is also often an issue.
If this issue can be resolved between the
parties then the Divorce procedure is much
simpler and will save legal costs also.
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Tel 966 814 506