By Carlos Baos (Lawyer) • 09 February 2023 • 9:25
Image - Amnaj Khetsamtip/shutterstock
The break-up of a relationship between two married people and the process of divorce. Please note that you can check the complete articles, though on our website: https://www.white-baos.com/en/articulos/
Divorce between foreigners in Spain. Applicable law to the divorce. Comments to the European Regulation. Legal advice. In relation to the law to apply to divorce, the freedom of the parties governs. This means that the spouses are given the possibility to choose which law is going to apply to their divorce, as long as it is one of the following laws:
· The law of the country in which the spouses have their habitual residence at the time of the conclusion of the agreement.
· The law of the country in which the spouses had their last place of habitual resi-dence, etc. In the event of lack of choice by the parties of the applicable law, Article 8 of the EU Regulation 1259/2010 would apply.
Shared custody and domestic violence. Frequently asked questions. Legal advice. Family Law Experts in Spain. Shared custody is understood by the courts as a regime of maximum collaboration be-tween the parents. This type of custody requires a model of reciprocal respect between the parents that serves as an example and a guideline for the children.
In many cases of gender violence, this reciprocal respect is lost and, therefore, the possi-bility of achieving shared custody of the child is frustrated.
Divorce and separation. Civil liability for breach of the visiting regime. Compensation for damages.
Failure to comply with the obligations related to facilitating the visitation regime may entail the modification of the custody of minors. In some cases, even the loss of the cus-tody. But, in addition, Spanish courts have declared that the parent hindering visits and
contact with the non-custodial parent, could be claimed for a compensation for civil lia-bility.
Divorce in Spain. Pets care and visiting rights. What happens to ani-mals? New legal rules Law 17/2021 on the legal regime of animals modified the legal status of animals, that ceased to be considered as things. This change has a number of consequences in divorce cases of spouses who have animals in their care. For instance, the Settlement agreement must include measures regarding pets: custody, expenses, regime visitation of the non-custodial spouse, etc. At White Baos Lawyers we are experts in Family Law. If you have any questions regarding the issues addressed in this article, please do not hesitate to contact us. We will study your case and offer you expert advice on the matter.
You may be interested in the following services and articles: Divorce between foreigners in Spain. Applicable law to the divorce. Com-ments to the European Regulation. Legal advice
The possibility of requesting the child maintenance modification to be paid to a minor. Due to the birth of a new child
Joint or shared custody in Spain. Who keeps the use of the home?
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
White & Baos 2023 – All Rights Reserved.
Thank you for taking the time to read this article. Do remember to come back and check The Euro Weekly News website for all your up-to-date local and international news stories. Remember, you can also follow us on Facebook and Instagram.
Share this story
Subscribe to our Euro Weekly News alerts to get the latest stories into your inbox!
By signing up, you will create a Euro Weekly News account if you donâ€™t already have one. Review our
Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.
Download our media pack in either English or Spanish.