Carlos Baos – Summer : Separation and Divorces

Expatriates with assets in Spain

From White Baos Solicitors experience, we can say that statistically during the summer months, and especially in September (as in August the family courts are not open), it is when consultations on divorces and separations and the number of family court claims presented increase.

It is a time when the children are usually on school holidays, and the whole family, parents and offspring spend more time together, and in some cases, in unusual circumstances which are different from the rest of the year, with different people, etc.

Thus, while on holiday we might think that having more free time, and without the stress from work and childrens activities, etc, that it is an ideal time for couples and families.  The truth is that the numbers say otherwise, and the fact may simply be that as we spend more time together there are more possibilities of potential conflicts.

The truth is that this reality also takes place repeatedly every year, and after holiday periods, also, January, after the Christmas holidays, is a month when more families breakdown than what normally occurs.

If unfortunately, this happen, it is essential to prepare conveniently the divorce or separation and make sure that you have in place all the necessary or important documentation and information.

Also, if you are an expatriate living in Spain or living in your country: United Kingdom, France, Germany, etc, there are legal and practical issues that must be considered.

If you live in Spain, there are concepts of international law that may be of vital importance and could determine the law applicable for the divorce, the applicable law and the matrimonial property regime, and the application of the rules of one country or another, that could be very relevant.

If you do not live in Spain, and your intention is to initiate the divorce or separation process in your country, your assets in Spain become a part of it, therefore it is essential that an expert Spanish Law Firm in this field helps you and your lawyers. For example in divorces by mutual consent, drafting the agreements one way or another may involve higher costs or taxes to be paid, the possibility to register the court order directly and or the direct change of ownership of properties in Spain at the Land Registry, etc.

If you find yourself in this situation, and unfortunately it is not possible to solve your family problems, if you are a foreigner with properties or assets in Spain, whether resident or not, you should seek legal advice about the proper steps to be taken, because the consequences can be very different. Contact us and our family law department, and we will help you.

The information provided in this article is not intended to be legal advice, but merely conveys information related to legal issues.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

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