Divorce / Separation
Years of experience characterize our work in the area of family law. From contentious or mutual agreement divorce, to maintenance claims and amendments to legal agreements established.
We will listen attentively to your requirements allowing you to benefit from our extensive expertise and experience in the resolution of matrimonial conflicts. Any decision regarding assets or related to child custody will be agreed on with you before being transferred to the courts and we will guide you so that you know exactly how you stand from a legal viewpoint.
We will represent you from the first day and make all contact with the other party’s lawyer in order to reach a solution in your best interests.
We will claim any unpaid maintenance pending from your ex-spouse or partner in your name, based on an agreement or sentence passed in Spain. We will periodically update debts pending payment through deed or payment extension as these expire, or other items in the event of claims for extraordinary expenses.
We will immediately make contact with the opposing lawyer where we consider this to be necessary, and initiate legal procedures to seize goods from the debtor to ensure payment of maintenance, legal costs and interests.
When a marriage or a couple separation takes place, usually both parties start to discuss about an eventual divorce. At this point, it is essential to search for a Lawyer in Spain before reaching any verbal agreement with the other party, because you could be putting at risk your fundamental rights since you are not aware of the fact as regards if your partner is receiving legal advice or not. For this reason the first step to take is always to slow down the conversation, avoid making quick decisions, unless there is a violent attitude or another serious danger towards any one of the parties. After the advice is given the parties can start to discuss about the separation/divorce conditions, bearing in mind each other’s interests.
Depending on the relationship between both parties and their availability to talk, they must first be able to try to reach an amicable agreement without the presence of a lawyer. In the event that they need more information to go ahead with this arrangement they can hire a single lawyer for advising both of them through the whole process. If it works, this lawyer can also take over the divorce/separation suit. After this lawyer meets only once both parties representing their interests, the Bar Association does not allow him to represent any one of them against the other, So if finally there is no way to reach an agreement, every party has to search for a new lawyer.
If both parties reach an agreement about their property distribution, custody of their children or the use of their main residence, which is the best, quickest and cheapest scenario for them, then they must hire one single lawyer and one single procurador in order to write an arrangement document, as well as common suit, to apply for its validation. If the parties have children, the arrangement will be reviewed by a Prosecutor before the validation, and if he does not agree with any of its clauses, then the arrangement will be delivered in order to be amended, according to the Prosecutor indications.
If it is not possible to reach an agreement, then both parties have to hire different lawyers in order to file their suits each making demands for the conditions they want regarding the divorce points (children’s custody, common property distribution, use of main residence…). When it gets to this point, a judge will decide about every single issue, even though during the process, an agreement can still be reached and validated any moment before the trial appearance.
After the verdict or agreement validation, if any of the parties do not fulfill any of the terms of the verdict or goes against it, the other party can legally file for an enforcement claim in order to pressure them to do what is right. The claim has to be a brief document including the judgment or validated arrangement, and must be submitted in the same court where the case was processed.
If the case is about maintenance claims, the debtor assets will be seized in order to cover the debt, interest and procedure costs, since the moment the claim is admitted and reviewed by the court without any appearance or debtor’s statement, even though he will be allowed to state whatever he wishes. If it is about the visitation as regards their children, the court will insist the other party allows the child to visit with his father/mother, depending on how long the visitation was suspended. If one of the parties was denied visit with the child for a long time, the judge will choose the best solution bearing in mind what is best for the child, take for instance a progressive visitation program in a government meeting space.
The fact that you are foreigners and got married abroad, will make it necessary to take into consideration several essential points that must be checked out before applying for any rights in court. The country of origin and the residence of each party will define which regulation has to be applied and which court has jurisdiction.
The first answer to seek, will be if the country is a member of the E.U. or not, to find out if the European treaties has to be applied. In case the country of origin is not a member of the E.U. and has no International Treaty with Spain, we must check the Spanish civil code, as well as the “Ley Organica del Poder Judicial”. In most cases, the regulations state that the Spanish court maintains jurisdiction if both parties are currently resident in Spain. If they live in different countries, then the Jurisdiction would be in the last common residency.
Every couple has unique circumstances that must be globally considered, as well as every treaty in order or regulation, to have a clear picture of the situation when there is any foreign element to it.