Summer: Separations and divorces. Expatriates with assets in Spain

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Summer: Separations and divorces.


Statistically during the summer months, and especially in September (as in August the family courts are not working), it is when consultations on divorces and separations and the number of family court claims presented increase more.

It is a time when usually the children do not go to school, and the whole family: parents and offspring spend more time together, and in some cases on unusual circumstances, different from the rest of the year, with different people, etc.

Thus, while on holiday we might think that having more free time, and without the stress produced by work and children’s activities, etc, is an ideal time for couples and families, the truth is that the numbers say otherwise, and the fact may be simply that as more time is spent together there are more possibilities for potential conflicts.

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The truth is that this reality also takes place repeatedly every year, and after holiday periods, also, January, after the Christmas holidays, is a month when more family breakdowns than normal occur.

If unfortunately this happens, it is essential to prepare conveniently  the divorce or separation and make sure that we have in place all the necessary or important documentation and information.

Also, if you are an expatriate living in Spain or living in your country: United Kingdom, France, Germany, etc, there are legal and practical issues that must be considered.

If you live in Spain, there are concepts of international law that may be of vital importance and could determine the law applicable for the divorce, the applicable law and the matrimonial property regime, and the application of the rules of one country or another, that could be very relevant.

If you do not live in Spain, and your intention is to initiate the divorce or separation process in your country, being part of it is your assets in Spain, so it is essential that an expert Spanish law firm in this field helps you and your lawyers. For example in divorces by mutual consent, drafting the agreements one way or another may involve higher costs or taxes to be paid, the possibility to register the court order directly and or the direct change of ownership of properties  in Spain at the Land Registry, etc.

If you find yourself in this situation, and unfortunately it is not possible to solve your family situation, if you are a foreigner with properties or assets in Spain, whether resident or not, you should seek legal advice about the proper advice on the steps to be taken, because the consequences can be very different. Contact us and we will help you.

The information provided in this article is not intended to be legal advice, but merely conveys information related to legal issues.

Carlos Baos (Lawyer)
Email:  [email protected]
C/Diana 19, 2º D, 03700 Denia (Alicante) Spain
Tel. +34 966-426-185 Fax +34 965-784-471
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