Archive for the ‘Family Law’ Category

New Ruling on Use of Family Home Following Break-Up

For more information on the law relating to divorce in Spain as well as your rights, go to: divorce Spain. The Spanish Supreme Court has allowed an appeal and overturned an earlier judgment regarding the use and enjoyment of the ‘matrimonial home’. The court heard that the use and enjoyment of a property in Madrid [...]

Spanish Law to Permit Joint Custody in more Circumstances

The Justice Minister Alberto Ruiz-Gallardón has announced that Article 92 of the Spanish Civil Code is to be changed so that judges in divorce proceedings may award joint custody of any children where the interest of the children require it, and not merely in ‘exceptional circumstances’. The amendment ought to be in place within six [...]

Ex-wife Who Failed to Comply With Visitation Rights Exonerated

A Spanish woman who moved to Badajoz in Extremadura for the purposes of completing work experience in the company she worked for had an earlier deision by the court of first instance overrules and the €150 fine withdrawn. The woman, originally from Santander had argued that she had to move to Badajoz for a period [...]

Getting a Mortgage in Spain After Divorce

A practical aspect of divorce in Spain is that a new home is usually required by at least one of the spouses. Of course, if you continue to be obligated to pay the mortgage on the matrimonial home, you will be effectively applying for a second mortgage and you are going to find that while [...]

Each Spouse to make equal mortgage repayments after divorce -Supreme Court

mortgage payments divorce in spain

For the most comprehensive information on the law relating to divorce in spain as well as your rights, go to: divorce in Spain. The Supreme Court in Spain has ruled that the obligation to repay a mortgage on the matrimonial home is a contractual obligation that requires both of the spouses to honour those obligations [...]

Express Divorce Spain

express divorce spain

  Without doubt, by far the most financially viable option with regard to divorce in Spain is that of ‘Express Divorce’, being much cheaper and quicker. The first step is to come to an agreement with your spouse to proceed with a divorce. It is then necessary to evaluate the marriage settlement i.e. what to [...]

Spain Divorce – Visitation and Other Rights

spain divorce and visitation rights

A divorce is more than likely going to result in the award of child custody to one of the parents exclusively, leaving the other parent, typically the father of the children facing the prospect of finding a new place to live while living apart from the children. While this can be a very difficult situation [...]

Spanish Divorce Law and Shared Custody

spanish divorce law shared custody

  While technically a possibility under the Law of Divorce of 2005 it has been considered an exception and traditionally shared custody of children in Spain has been awarded in a minority of cases, only occurring in 9.7% of all custody awards made in 2008, for example. This is changing however and there is an [...]

Spanish Divorce Law and Asset Division

spanish divorce law assets opposed divorce

  Spanish divorce law, when considering how assets should be divided between divorcing spouses,  firstly determines the ‘type’ of marriage that exists between the spouses and then separates the common assets from  private assets – the latter belonging exclusively to one of the spouses. It should be pointed out though that should there be an [...]

Child Maintenance in Spain

spain divorce child maintenance

  For a complete English guide to family law in Spain go to: Divorce in Spain In Spain, a divorce does not in any way reduce the financial responsibilities that a parent has towards their child. The parent continues to be liable to provide that which is necessary for the sustenance, housing, education, clothing and [...]