Summer: Separation and Divorce

A divorce is never easy Photo credit: Twitter

STATISTICALLY, the summer months and especially September (as in August, the family courts are closed for vacation), are a time when consultations on divorce and separation as well as the number of family court claims presented increase.  

It is a time when the children do not usually go to school and the whole family (parents and offspring)   spend more time together and in some cases under unusual circumstances which are different from the rest of the year, with different people often involved.

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One could easily assume that on holiday and having more free time,   and without the stress of work and coping with the children that it is an ideal time for couples and families to bond.

The truth is that the statistics say otherwise, and the fact may be simply that as couples spend more time together more possibilities for potential conflicts are created.

The simple fact is that every year, the month following holiday periods, (including January,   after the Christmas holidays) is a month when more family breakdowns than normal occur.

If unfortunately, this should happen to you, it is essential to arrange the divorce or separation with the minimum of stress and conflict so you should ensure that you have in place all of the necessary, important documentation and information.

Also, if you are an expatriate living in Spain or living in your native 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 to your divorce.

Clearly, it could be very relevant to your situation to recognise the applicable law and the matrimonial property regime as well as the application of the rules of one country or another.

If you do not live in   Spain and it is your intention to initiate the divorce or separation process in your home country, but have part of your assets in   Spain, it is essential that an expert Spanish law firm in this field advises you and your local lawyers on the relevant   Spanish regulations.

For example in divorces by mutual consent, the drafting of the agreements in one way or another may involve higher costs or taxes to be paid and there is the possibility to register the court order directly and/or the direct change of ownership of properties in Spain at the   Land Registry, etc.

Should you find yourself in this situation, and are unfortunately unable to resolve your family situation advice is always helpful.

This is particularly true if you are a foreigner with properties or assets in   Spain, (regardless of whether you are resident or not) and you should seek legal advice about the proper steps to be taken, because a wrong decision can result in very different consequences –   Contact us (www.whitebaos.   com) 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) – White&Baos  

Tel: +34 966 426 185  

White & Baos 2020-  

All Rights Reserved.


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