Divorce, Family and Court of Protection Issues

We provide a friendly and comprehensive service which includes:

  • Advising on jurisdiction
  • Drafting divorce petitions for presentation in the Spanish courts in both contested and non contested cases
  • Maintenance and Child related applications
  • Cohabitation and Separation Agreements and Claims for Marriage annulment
  • Domestic Violence proceedings
  • The application of UK Court of Protection orders to Spain


Jurisdiction and Appropriate Matrimonial Regime

Before proceedings can be commenced in divorce and family matters in Spain we will need to establish that the courts have and will accept jurisdiction to hear the case. Spain has two quite distinct matrimonial property regimes being separation of assets and community of property regimes “Gananciales”. The separation of assets regime will sound more familiar and involves each party having a distinct share in the matrimonial assets. However under the community of property regime a spouse automatically acquires a half share in any asset acquired by the other spouse in his or her name during the course of the marriage (save by inheritance).

Divorce Proceedings

Both contested and non contested proceedings can be pursued in the courts the former being decided ultimately by a Judge.

Ancillary Claims

Maintenance applications on behalf of one of the parties or of the children may also be commenced along or at a later stage to the divorce proceedings.

Equally application for custody or for shared custody rights may be brought along with visiting rights.

Domestic Violence Proceedings

Spain has created special express mixed criminal/civil courts to deal with allegations of violence against women.

We are accredited to attend and advise in appropriate circumstances both the party making the complaint and the alleged detained or bailed aggressor.

Court of Protection Orders

UK Court of Protection orders and enduring or lasting Powers of Attorney can be made to work effectively in Spain to allow for the disposal of the patients assets and the transfer of the proceeds of sale back to the UK.

We are able to advise on the effects of these orders in Spain and where appropriate prepare suitable Orders to be obtained in the UK to allow for easier implementation in Spain including assistance in the preparation of Certificates of Law.