Family law
Legal News. get an Express Divorce in less than 1 month if No children + Divorce financial settlement.
Services:
- Separations and divorces, contentious before the Court and by mutual agreement avoiding lawsuits and expenses.
With International issues: Nowadays in Spain it is ever more common that at least one person in a relationship is not Spanish or very possibly that neither are Spanish but are living as full-time residents here in Spain, having married abroad.
- Modification of sentences! (Remember that in many cases a sentence can BE modified)
- Claim for child support payments. (Do you know when and how much you can claim ?)
- Claim of rights for the breakup of a heterosexual and homosexual partner.
- Visitations,rules for the father and suport,
- Guard and custody of children.
Alimony and division of assests.
- Grandparents’ rights towards grandchildren.
And General Family law advise.
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Getting a divorci in Spain
The divorce law in Spain is no-fault, meaning that it is not necessary to cite a reason in order to obtain a divorce. It only requires a petition from one of the spouses. Non-Spanish nationals can obtain a divorce in Spain if they or their spouse is a Spanish resident or a Spanish national.
How to get a divorce in Spain
You may get divorced in Spain only if you comply with any of the following requirements:
- If you and your spouse are Spanish residents at the time of filing for divorce.
- If you and your spouse are Spanish nationals, in case of divorce by mutual agreement, wherever you are located.
- If you are the plaintiff and are a Spanish national and living in Spain.
- If you are the defendant and are a Spanish resident (regardless of your nationality)
The spouses may divorce by mutual agreement when they have been married for at least three full months. Whenever the parties ask the judge for a divorce order, a proposal of governing convention also called divorce financial settlement (in Spain called convenio regulador) must be attached to the petition signed by the lawyer (attorney) and the solicitor. It is not necessary for the couple to have been legally separated for any period of time before filing for divorce.
In certain cases a party may petition for a divorce without waiting for the three-month period. This would apply when there is a proven danger to the life, physical integrity, liberty, moral integrity or sexual liberty or indemnity of the petitioner.
Types of divorce in Spain
Uncontested divorce
The procedure for getting a divorce is quickest when both parties agree to the dissolution of the marriage. Along with the claim the parties shall present the governing convention (convenio regulador). This is the contract of agreement covering the following issues:
- Cohabitation and custody arrangements for any children, including visitation rights of the non-custodial parent.
- The sum that has to be paid for children’s alimony.
- Any compensation allowance or alimony that, if any, shall be made by one of the spouses in favour of the other spouse.
- Use of the family dwelling.
- The manner, if any, in which the spouses continue to contribute to family expenses.
The marriage certificate and the birth certificates of the children are always required, as is the intervention of a legal representative (Procurador) and a Spanish lawyer.
The power to grant a divorce rests with the judge, who also has the authority to approve the governing convention. Assuming there are no unforeseen issues, an uncontested divorce can be concluded within a few weeks.
Contested divorce
In this case the divorce petition is filed by only one of the parties to the marriage, sometimes known as a ‘contentious’ divorce, and the court procedure is long and somewhat complex. If the parties fail to agree on the governing convention, it may require negotiation and communication between lawyers and the production of third party evidence.
Depending on the circumstances, before starting the divorce procedure, provisional measures may be set up in order to make property settlement, child custody, spousal support and alimony arrangements.
The marriage certificate and the birth certificates of the children are always required, as is the intervention of a legal representative (Procurador) and a Spanish lawyer.
A contested divorce can take anywhere from 6 months to a more than a year.
