DIVORCE IN SPAIN

So your year has been bad enough and you’re glad to see the back of 2009 and then bang goes your marriage!

OK it might have been hard for some time and perhaps living in Spain in the crisis of 2009 might not have been the easiest of times. Financial burdens add to an already struggling marriage and for some it is just too much.

January is notorious for being the month of separation, the stress of couples being together over the Christmas and New Year period is often enough to break an already fragile relationship.

Separation is no longer just a question of dividing the assets and moving on. The primary asset in any relationship is often the home. Due to the property slump it is difficult to sell and this leaves further financial burden with one party probably living in the property and the other effectively homeless or without the means to resolve their living accommodation.

If anyone tells you that the English Courts cannot deal with property in Spain – don´t believe them. It can and is in many divorces, providing that those that are dealing with the issue know what they are doing.

For anyone contemplating separation it is essential that they consider the implications of their actions. Be aware of your situation and entitlement. Please try where possible to resolve as many financial issues as possible.

Many seem under the illusion that because they live in Spain they must divorce here. Others believe that either one or both p arties should have an English address to divorce in England. These two beliefs are blatantly wrong and ill founded.

Understanding the cross border laws and what can and cannot be done is a specialist subject and should only be dealt with by those with experience in such issues. Whether you should divorce in Spain or England depends very much on your own personal situation. There are benefits to both systems but getting it wrong could prove costly.

One common thread to separation are the children, where they will live and what the law is in relation to parents being in different countries. Again advice is given in the hope that these issues can be resolved. Whilst EU law is clear, what is not are the practicalities of how it is actually implemented in different countries.

For a parent intending to return to their homeland they should consider their situation carefully before they do so. It might be child abduction which is a criminal offence and treated very seriously.

Many have fallen into the trap simply through lack of knowledge and the want to provide for their children in the safety of their homeland.

Both parents have a joint parental responsibility both financially and emotionally and the fact that they have separated does not dissipate that responsibility.

Both parents are entitled to contact with the children but they should remember that the needs of the children come before the wishes of the parents. However, with parents who are living in different countries then clearly a departure from the normal arrangements needs to be made to the extent that it is fair to all concerned.

On a final note it is not accepted that a mother says the father cannot see the children because he is not paying maintenance. Whilst this view is understandable it is for the Courts to ensure that the maintenance is paid not for the intervention of the mother.

For those worried about their situation, wishing to discuss separation and the consequences in a foreign country then assistance is close at hand. At Costa Blanca Lawyers our FIRST CONSULTATION IS FREE.