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Divorce in spain

Divorce in spain

Old Feb 20th 2021, 2:21 pm
  #1  
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Default Divorce in spain

Hello!

My situation is intense but don't even know where to begin finding advice.

I am a British citizen living in Spain with my Spanish husband. My padrón resides here in Spain so we have a family book. We have 2 sons born in spain.

We married in England so technically we are not considered married in the spanish law.

Incase of divorce and me wanting to return to the UK with my son's, what would the procedure or criteria be for this. Would I have to go through the English court? And in terms of taking my son's to the UK ?

I have my business here so I am independently making money. I have assets like cars in my name and the busines. The house is in his parents name still. My husband doesn't actually own any assets in his name.

Can anyone offer any advice as to where I begin ?

My biggest concern are my son's and taking them back to the UK with me.

Thanks
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Old Feb 20th 2021, 2:39 pm
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Default Re: Divorce in spain

I’m sorry to hear about your situation. The first thing you should do is see a lawyer. I’m sure you will get some advice and guidance from forum members but this is a situation that has to be dealt with by a professional.
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Old Feb 20th 2021, 3:42 pm
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Default Re: Divorce in spain

You can petition either in England or Spain for divorce but the first to do so will be where the law is applied. With children involved and moving to another country legal advice will be required. The more you can agree between yourselves the better it will be emotionally and financially.
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Old Feb 20th 2021, 8:58 pm
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Default Re: Divorce in spain

Thanks for your replies...I appreciate it a lot.. the confusion is where I should get legal advice from, England or Spain? And are there English speaking legal advice available in Spain ? Perhaps post covid when I can travel back to England I will seek advice then.

Thanks
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Old Feb 20th 2021, 9:04 pm
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Default Re: Divorce in spain

Originally Posted by britishlondon30s
Thanks for your replies...I appreciate it a lot.. the confusion is where I should get legal advice from, England or Spain? And are there English speaking legal advice available in Spain ? Perhaps post covid when I can travel back to England I will seek advice then.

Thanks
I would simply phone an English lawyer in UK and they will advise you. I would definitely do this sooner than later as you may not want a divorce under Spanish law which could happen if your partner files before you
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Old Feb 20th 2021, 9:38 pm
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Default Re: Divorce in spain

I will do so. Thank you very much for all your advice.
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Old Feb 21st 2021, 7:52 am
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Default Re: Divorce in spain

This may help

https://expatsmagazine.org/divorce-by-mutual-agreement/
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Old Feb 21st 2021, 2:18 pm
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Default Re: Divorce in spain

Originally Posted by britishlondon30s
Hello!

My situation is intense but don't even know where to begin finding advice.

I am a British citizen living in Spain with my Spanish husband. My padrón resides here in Spain so we have a family book. We have 2 sons born in spain.

We married in England so technically we are not considered married in the spanish law.

Incase of divorce and me wanting to return to the UK with my son's, what would the procedure or criteria be for this. Would I have to go through the English court? And in terms of taking my son's to the UK ?

I have my business here so I am independently making money. I have assets like cars in my name and the busines. The house is in his parents name still. My husband doesn't actually own any assets in his name.

Can anyone offer any advice as to where I begin ?

My biggest concern are my son's and taking them back to the UK with me.

Thanks
Just to clarify, how old are your sons? If they aren't "of age" and their father refuses to allow you to take them to the UK, you must go before a (Spanish) Judge who will determine the children's best interests. If you were in France, you wouldn't be able to leave the country with them, even for a holiday, without his written consent.
In the event of divorce, you must be able to produce a solid dossier to support your demand for custody far from their father. Since you are living in Spain and all concerned are Spanish except for you, best to consult a Spanish lawyer first.....
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Old Feb 22nd 2021, 4:12 am
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Default Re: Divorce in spain

I got my divorce in Spain (Torrevieja) English speaking Spanish lawyer. My ex was 100% in the wrong but he having told me he would never want a divorce then petitioned me. It is the first to take action that is granted the divorce which makes me look the guilty one. He had a much higher income than me but you don’t get any maintenance unless you have children or no income at all. If there are any private pensions you only get a share if you ask the judge to award you, otherwise the pension company won’t pay you without a court order. Sorry can’t help with your situation regarding the children. Good Luck.
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Old Feb 28th 2021, 5:47 am
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Default Re: Divorce in spain

Originally Posted by britishlondon30s
Hello!
...

I am a British citizen living in Spain with my Spanish husband. My padrón resides here in Spain so we have a family book. We have 2 sons born in spain.

We married in England so technically we are not considered married in the spanish law.

Incase of divorce and me wanting to return to the UK with my son's, what would the procedure or criteria be for this. Would I have to go through the English court? And in terms of taking my son's to the UK ?
...

Can anyone offer any advice as to where I begin ?

My biggest concern are my son's and taking them back to the UK with me.

Thanks
Once married anywhere, you are married everywhere. Your British marriage is legally valid in the whole world.
Generally, one petitions for divorce in the country where they habitually reside or where one of parties resides. In your circumstances, this would be Spain, not the UK. Although, by agreement, you can file your petition in England, presumably your Spanish husband won't agree to it.
Your life is established in Spain. The family Court will look for the interest of the children. It's likely that your sons will remain in Spain, unless the judge finds that they will be better off to be taken to a foreign for them country, away from the environment they grew up, far from their father, etc...
Of course, if you and your husband agree on any any points, a judge will not have to make a decision other than to implement your agreement.
As others advised, you need a solid legal advice from an abogado in Spain and if you wish, ask an English solicitor, but someone who understands the international aspects of divorce, not merely a family law practitioner.

All the best!
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Old Mar 2nd 2021, 8:12 pm
  #11  
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Default Re: Divorce in spain

Thank you so much for this information...we were told our UK marriage papers don't mean anything in Spain unless we translate it officially or re-marry again in Spain .. bizarre...anyway lots to think about..I imagine there are English speaking lawyers out there that can help in Spain and perhaps when I return to the UK too.
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Old Mar 2nd 2021, 8:16 pm
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Default Re: Divorce in spain

Originally Posted by dmu
Just to clarify, how old are your sons? If they aren't "of age" and their father refuses to allow you to take them to the UK, you must go before a (Spanish) Judge who will determine the children's best interests. If you were in France, you wouldn't be able to leave the country with them, even for a holiday, without his written consent.
In the event of divorce, you must be able to produce a solid dossier to support your demand for custody far from their father. Since you are living in Spain and all concerned are Spanish except for you, best to consult a Spanish lawyer first.....
Hello my son's are under 6 years old..so what your saying is I should try to go to England with the kids before divorce is filed perhaps?
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Old Mar 2nd 2021, 8:17 pm
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Default Re: Divorce in spain

Originally Posted by britishlondon30s
Hello my son's are under 6 years old..so what your saying is I should try to go to England with the kids before divorce is filed perhaps?
<snip>

Thanks for the website..! Really appreciate it !

Last edited by christmasoompa; Mar 3rd 2021 at 8:10 pm.
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Old Mar 2nd 2021, 8:23 pm
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Default Re: Divorce in spain

Originally Posted by gill556
I got my divorce in Spain (Torrevieja) English speaking Spanish lawyer. My ex was 100% in the wrong but he having told me he would never want a divorce then petitioned me. It is the first to take action that is granted the divorce which makes me look the guilty one. He had a much higher income than me but you don’t get any maintenance unless you have children or no income at all. If there are any private pensions you only get a share if you ask the judge to award you, otherwise the pension company won’t pay you without a court order. Sorry can’t help with your situation regarding the children. Good Luck.
​​​​​​
sorry to hear about your divorce sad situations like this happen really ... Thanks for the advice 😌
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Old Mar 2nd 2021, 10:04 pm
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Default Re: Divorce in spain

Originally Posted by britishlondon30s
Hello my son's are under 6 years old..so what your saying is I should try to go to England with the kids before divorce is filed perhaps?
As your family habitually lives in Spain, if you were to take the children to England and keep them there against their father's consent, you'll be in breach of a certain Hague convention on child abduction in matrimonial matters. You can expect a knock on the door, your passport and your children's passports taken away from you followed by a court hearing at the High Court. You'll be ordered to return the children to Spain or find yourself in contempt of court... with a fine and/or up to 2 years imprisonment.
Don't do it. Don't listen to wrong advice. You have already been advised wrongly about the legal status of your marriage. Absolute nonsense!

The best option is to talk to your husband what you both want to do. If you are able to agree, divorce will be a pure formality. If not, you'll end up spending a lot of money and nerves on court procedures. Money, that you could use for your children.
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