Divorce in spain
#1
Forum Regular
Thread Starter
Joined: Mar 2015
Posts: 55
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
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
#2
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.
#3
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Joined: Jan 2020
Posts: 660
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.
#4
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Thread Starter
Joined: Mar 2015
Posts: 55
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
Thanks
#5
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Joined: Jan 2020
Posts: 660
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
Thanks
#6
Forum Regular
Thread Starter
Joined: Mar 2015
Posts: 55
Re: Divorce in spain
I will do so. Thank you very much for all your advice.
#8
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Joined: Apr 2008
Location: Hérault (34)
Posts: 8,883
Re: 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
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
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.....
#9
Forum Regular
Joined: Apr 2006
Posts: 196
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.
#10
Just Joined
Joined: Feb 2021
Posts: 21
Re: Divorce in spain
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
...
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
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!
#11
Forum Regular
Thread Starter
Joined: Mar 2015
Posts: 55
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.
#12
Forum Regular
Thread Starter
Joined: Mar 2015
Posts: 55
Re: Divorce in spain
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.....
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.....
#13
Forum Regular
Thread Starter
Joined: Mar 2015
Posts: 55
Re: Divorce in spain
Thanks for the website..! Really appreciate it !
Last edited by christmasoompa; Mar 3rd 2021 at 8:10 pm.
#14
Forum Regular
Thread Starter
Joined: Mar 2015
Posts: 55
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.
sorry to hear about your divorce sad situations like this happen really ... Thanks for the advice 😌
#15
Just Joined
Joined: Feb 2021
Posts: 21
Re: Divorce in spain
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.