LEGAL SERVICES

Family Law

Divorce

Contested divorce:

I offer comprehensive legal service to those going through a divorce or other family law matters in Spain, including separation and annulment. Whether you’re initiating proceedings or responding to a claim, you can rely on my expertise for guidement and advice. With me, you will not lack the follow-up and support that are essential in such sensitive matters.

My services include:

  • In-depth consultation to assess your situation and outline potential options.
  • Filing divorce petitions or responding to those filed against you in Spanish courts.
  • Obtaining Certificates of Foreign Law when required.
  • Negotiating and drafting divorce settlements, to end the lawsuit by mutual consent.
  • Settling child custody and visitation arrangements.
  • Legal help on the financial consequences of the break-up: children’s support, spousal alimony or lump-sum compensation, clearance of joint spousal responsibilities (mortgages, loans...)
  • Expert assistance with the division of assets and property.

Uncontested divorce:

I can seamlessly guide you through the entire process of a mutually agreed divorce in Spain. My services include:

  • Negotiating and drafting a comprehensive divorce agreement that meets your needs in every finantial and personal aspect of the case.
  • Filing the necessary paperwork with the Spanish court to obtain the divorce.
  • Providing expert advice throughout the process, ensuring a smooth transition.
  • Offering remote assistance if you're unable to be physically present, even by means of a power of attorney granted in your country of residence, before the Spanish Consulate or before a Notary Public.
  • Handling the transfer of assets according to the terms of your agreement.

Validation of divorce in Spain

If you divorced in another country and plan to remarry in Spain, or handle other legal matters here, you’ll need to have your divorce validated and inscribed in the Spanish Civil Registry. This process can vary depending on whether your divorce took place: within the EU, or in a non-EU country.

I offer comprehensive guidance through the entire process.  Whether it’s a straightforward EU procedure, or a more complex case, I’ll meticulously handle the necessary paperwork and navigate the legal intrincacies on your behalf.

Marriage contracts (pre or post nuptial agreements)

In most regions of Spain, couples who marry without a pre-existing prenuptial agreement are automatically subject to joint property ownership. To establish a different property regime, a prenuptial agreement is indispensable. It’s important to note that this agreement can also be executed post-marriage, referred to as a post-nuptial agreement.

Following a comprehensive evaluation of your needs, I will provide clear and tailored recommendations in a detailed report. Subsequently, I will draft a suitable agreement that, upon mutual consent, will be formally executed at a Notary’s office and officially registered with the Spanish Civil Registry.

And of course I can also bring you help and advice regarding the formalities involved in getting married in Spain.

Child support and custody

Upon the separation of parents with children in Spain, it becomes necessary to establish a custody arrangement and determine the financial responsibilities of each parent. In case of disagreement, the Courts are responsible for resolving these matters and ensuring the child’s best interests.

As an experienced Family Law professional, I will work diligently to protect your child’s rights. My commitment is to get the best possible outcome in every particular case.

My service include:

  • Drafting comprehensive parenting plans tailor-suitored to your child’s needs and circumstances.
  • Negotiating child’s custody and support agreements.
  • Representing clients in Family Court proceedings in Spain.

Family maintenance enforcement

With extensive experience representing clients in Spanish Courts, I am well-versed in the various tools and procedures available to enforce maintenance orders. Even if the person liable to pay has no assets in Spain, international enforcement agreements settled with most of the countries around us can be invoked, in many cases, to seize assets and rights abroad.

Protecting the rights of children and ensuring that they receive the financial support they are entitled to, is one of my greatest gratifications as a Lawyer.

Change of custody and/or child support adjustments

When your personal or finantial circumstances change in a really significative way, it is often necessary to modify an existing order, to increase or decrease child support, modify visitation schedules, or relocate with the children. The modification can be made by an agreement to be approved by the Court, or, if there is no agreement, by a Court judgment following litigation between the parents.

In this area, I can provide you with the legal expertise you need. I have a deep understanding of the complex legal issues involved in custody and support modifications, specially when an international dimension is involved. I am skilled at negotiating settlements and representing clients in Court proceedings, and I will work tirelessly to achieve the best possible outcome for you and your child.

Paternity suits

If the child is Spanish, or has regularly been resident in Spain for at least six months, the jurisdiction for paternity suits lies with the Spanish Courts.

I have successfully represented clients in a wide range of paternity matters, from establishing paternity to challenging disputed claims.

After an initial consultation to assess your situation, I can handle negotiations with the other parent, coordinate scientific testing to determine paternity, and act in Court proceedings if necessary. My in-depth knowledge of family law and the legal process ensures that you receive the highest level of representation and advice.

Of course an acknowledgment of paternity on the side of the father is also possible and I can guide you through this particular procedure too.

Parental child abduction

This occurs when a parent takes a child from their habitual country of residence without the consent of the other parent or a court order.

Whether you are the parent who has been wrongfully deprived of your child or the parent accused of abduction, I can provide you with the skilled legal representation you need. My approach is tailored to each individual case, ensuring that your rights and the best interests of the child are protected, and coordinating if necessary with Lawyers and authorities in other countries to locate the child and enforce my clients’ parental rights.

Family Law FAQ`S

Can foreigners get divorced in Spain?

Yes, foreigners can file for divorce in Spain in the following cases: when Spain is the habitual residence of both spouses; when Spain was the last place of habitual residence of the spouses and one of them still lives there; and finally, when Spain is the habitual residence of the respondent. The court where you or your spouse reside will have jurisdiction over the case. Spain offers both mutual agreement (uncontested) and contentious (contested) divorce procedures.

  • Mutual Agreement Divorce: Both spouses agree on the terms (division of assets, child custody, spousal support, etc.). This is faster, less expensive, and usually requires only one court appearance.
  •  Contested Divorce: Spouses cannot agree on terms, so a judge must decide on matters such as asset division, custody, and support. This process can be lengthy and more costly, involving multiple court hearings.

A “mutual agreement divorce” can take between 1 to 4 months, depending on the complexity and court availability. A “contested divorce” can take significantly longer, often between 6 months to over a year, depending on how contested the issues are and the court’s schedule.

No, but at least one of the spouses must be a resident of Spain to file for divorce in Spanish courts. If both spouses live abroad but are Spanish nationals, they can still divorce in Spain by mutual agreement.

Child custody in Spain is decided based on the best interests of the child. Courts may grant:

  • Joint custody, where both parents share responsibilities.
  • Sole custody, where one parent is the primary caregiver, and the other has visitation rights. 

The court will consider factors such as the child’s age, parental living conditions, and the ability of each parent to care for the child.

Yes, a parent who has custody of the child can claim child support from the non-custodial parent. The amount is determined based on the financial needs of the child and the income of both parents. Failure to pay child support can result in legal consequences, including wage garnishment or asset seizure, and under certain conditions is considered a criminal offence that can lead to a prison sentence.

Child support is based on several factors, including:

  • The child’s needs (education, healthcare, living expenses).
  • The financial capacity of both parents.
  • The custodial arrangement. 

There are no strict guidelines, so each case is individually assessed, but Spanish courts aim to maintain the child’s standard of living.

Yes, either parent can request a modification of the child support or custody arrangement if there is a significant change in circumstances (e.g., income changes, relocation, or changes in the child’s needs). This requires filing a request with the court, which will review and decide based on the best interests of the child.

Yes, marriages contracted abroad can be validated in Spain. To do so, you must register the foreign marriage with the Spanish Central Civil Registry (Registro Civil Central). You will need to provide a certified marriage certificate, properly translated and also legalized (e.g., via apostille if the marriage took place in a non-EU country).

Yes, Spain recognizes foreign divorces, but the divorce must first be validated by the Spanish courts if one of the spouses is a Spanish national, or if the divorce has legal consequences in Spain (such as asset division or child support). This process is known as “exequatur”.

What is the exequatur process?

The “exequatur” process allows a foreign court decision (e.g., a divorce decree) to be recognized in Spain. It requires filing a request with a Spanish court and providing certified copies of the foreign judgment, translation, and proof that it complies with Spanish law. Once recognized, the foreign judgment has the same legal effect as a Spanish court decision.

If your child has been abducted to or from Spain by the other parent, you can invoke “The Hague Convention on the Civil Aspects of International Child Abduction”. This international treaty helps ensure the prompt return of children wrongfully removed or retained across borders. You should contact a lawyer immediately and report the situation to Spain’s Central Authority under the Hague Convention.

To relocate with your child, you need either:

  • Consent from the other parent or,
  • Court approval, if the other parent objects. 

The court will consider the best interests of the child, including the impact of the move on the child’s well-being and the relationship with the non-custodial parent.

Spain follows two main marital property regimes:

  • Community Property Regime (Gananciales): All assets acquired during the marriage by work or industry of either spouse are considered shared and will be divided equally upon divorce, unless otherwise agreed upon.
  • Separate Property Regime (Separación de Bienes): Each spouse retains ownership of their individual assets. Only jointly owned assets will be divided.

If there is no prior agreement, the default regime in most regions, and also in Andalucía, is Community Property.

Yes, spousal support (alimony) can be granted if one spouse is financially dependent on the other. The amount and duration depend on factors such as:

  • The length of the marriage.
  • The financial situation of each spouse.
  • The contributions made by each spouse during the marriage (e.g., child-rearing or managing the household). 

It is not automatic and must be requested by the spouse seeking support. Courts have recently tended to limit it significatively in time.

Yes, but please take into account that you must provide proof of legal status, birth certificate, and identification; all these documents must be obtained in your country of origin and then translated into Spanish, and also legalised if they were issued by a non-EU country.

If a non-EU spouse wishes to stay in Spain after a divorce, they will need to apply for a “residence permit”. If the marriage lasted at least three years, with one year of residence in Spain, the non-EU spouse may be eligible to retain their residency. However, each case is reviewed individually, and legal advice is recommended.

Yes, prenuptial agreements (capitulaciones matrimoniales) are legal in Spain and must be executed before a notary. The agreement allows couples to decide on property rights and financial arrangements in the event of divorce, overriding the default marital property regime. It can also be used after the marriage, to change from community property to separation of property, or vice versa.

In Spain, parental authority (patria potestad) refers to the set of legal rights and responsibilities that parents have over their children, such as making decisions regarding education, healthcare, and general welfare. For foreign parents living in Spain, parental authority is generally shared between both parents, regardless of nationality, unless a court rules otherwise.

Even after a divorce or separation, both parents typically retain “joint parental authority”, meaning that both must agree on important decisions affecting the child’s life. However, the day-to-day decisions usually fall to the parent with “physical custody”.

If one parent resides abroad, communication is key, and the court may establish guidelines for decision-making to ensure both parents remain involved in the child’s life. In cases of serious disputes, either parent can request judicial intervention, and the court will decide in the best interest of the child.

Yes, foreigners residing in Spain can adopt, but they must meet the same requirements as Spanish nationals. Adoptions must be approved by the local authorities, and the process involves background checks, home studies, and legal procedures. Spain also participates in international adoptions, following The Hague Convention guidelines.

CALL ME

SCHEDULE YOUR LEGAL CONSULTATION

Request a legal consultation at my Málaga office or via video call.
Don’t let your legal concerns go unaddressed—schedule a consultation to discuss your needs. I am here to provide the support you need and help you find the best solution (consultation fee applies).

READ MORE
CONTACT