If you have decided to put and end to your marriage or have received a letter from an attorney representing your spouse in this particular matter, you should seek advice and representation from an attorney. A divorce can be really complex for it includes certain aspects that need to be considered and agreed on when going through this process regarding finances, properties and must important your children.
You may file for divorce in Spain after three months of marriage at the request of either parties or both of them. However, you may file for divorce before the time established by law if there is evidence of risk for the life, physical integrity, freedom or moral integrity for the spouse or children or even both of them. Also, you may file for divorce in Spain if either of the parties or both of you are Spanish nationals, or at least one of them has been legally residing in our country.
At the end of the divorce procedure a Settlement Agreement has to be made. This document regulates the future relation of the parties regarding finances, children or alimony. The civil law states that the final judgment of separation, annulment or divorce, produces the dissolution of the marital economic system. Once dissolved, the properties and assets ought to be distributed between each spouse. In the negotiation of such agreement and distribution is where our attorneys can help you based on their wide experience.
Types of Divorce
Common or Mutual Agreement
It is normally, the easiest way to get the divorce, plus it can be solved out of court. In this arrangement, the spouses normally agree on the following:
- Who will remain in the marital home.
- The distribution of properties and assets.
- Which one of the parties will hold the guardianship and custody of the children and to what extent.
- Alimony for the spouse and underage or handicapped children.
If an agreement cannot be reached between the spouses, the divorce is solved in court. Each party shall have a different attorney who represents their interests during the trial. A judge will hear each party and render judgment regarding properties, assets and children.
The Spanish legislation also contemplates legal separations in which common life is suspended but the marriage bond is not dissolved based on the possibility of reconciliation between parties. A Legal Separation is the end of a cohabitation life between the spouses and the settlement of duties as they may deem appropriate. It is important to mention that neither of the spouse has the possibility of using the other’s assets to defray matrimonial expenses.
Our Law Firm supports the possibility of negotiating and settlements before court proceedings for our clients, based on the terms of fairness and what’s lawfully yours. However, if such settlement is not possible and we realize that our client’s rights are not being considered, we would encourage them to go to court. We will be supporting our clients as well, in the future event that the clauses established in the settlement agreement have not been fully fulfilled.
If you are thinking about starting a procedure for a divorce, separation or annulment, we encourage you to contact one of our attorneys. Before any procedure is initiated, it would be advisable to have the advice and experience that one of our professionals can provide.
If you wish to have a legal consultation, contact us, and one of our attorneys will discuss your case with us.