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become even worse. We are often asked what are the differences between
getting divorced in England and getting divorced in Spain.
The first point to make is that there are, as you would imagine, big
differences between the two systems and each has its advantages. As to
which is the more beneficial for you, it all depends on your individual the
spouses to try and agree on all aspects of the divorce, especially the
finances and property. Not only is this better for all concerned
psychologically and allows the parties to move on in their lives, but it also
reduces the costs and delay. Remember that the higher the costs, the less
there will be in the “pot” for the parties to divide up.
If you are both agreed on everything including what is to happen with regard
to money and property, then it is possible to apply for a divorce in Spain
after only 3 months of marriage and there is no need to show reasons for
the divorce (two years separation, adultery or unreasonable behaviour etc)
as there is in England. The only exception is that where you were married in
England but your spouse does not agree to the divorce, you must have
been separated for two years before the divorce can go ahead in Spain.
The agreed financial aspects can be embodied in a court approved
document.
getting divorced in England and getting divorced in Spain.
The first point to make is that there are, as you would imagine, big
differences between the two systems and each has its advantages. As to
which is the more beneficial for you, it all depends on your individual the
spouses to try and agree on all aspects of the divorce, especially the
finances and property. Not only is this better for all concerned
psychologically and allows the parties to move on in their lives, but it also
reduces the costs and delay. Remember that the higher the costs, the less
there will be in the “pot” for the parties to divide up.
If you are both agreed on everything including what is to happen with regard
to money and property, then it is possible to apply for a divorce in Spain
after only 3 months of marriage and there is no need to show reasons for
the divorce (two years separation, adultery or unreasonable behaviour etc)
as there is in England. The only exception is that where you were married in
England but your spouse does not agree to the divorce, you must have
been separated for two years before the divorce can go ahead in Spain.
The agreed financial aspects can be embodied in a court approved
document.
everything but the procedure is relatively straightforward and will take a similar length
of time to an uncontested divorce in England (subject to the workload of the particular
Court).
Things get complicated, however, if there are disputed areas. Whilst the Court in
Spain will apply English law where the spouses are both English, this raises other
issues and will undoubtedly increase the delay and the cost as translators will be
needed. Another factor to bear in mind, especially if you think that your spouse is
hiding assets, is that the procedure for requiring one party to disclose in detail his or
her assets is much more defined and strictly applied in England than it is in Spain.
England has a similar system to the Spanish Courts for approved financial
agreements whereby the Court can embody everything you have agreed in a legally
binding Court approved consent order. Where things are not agreed, however, the
process can be lengthy and you would have to be prepared to attend Court for up to
3-4 separate hearings.
The English courts have a very flexible approach to both maintenance and the
division of assets and, following a case in 2000, the “yardstick” for the division of
capital assets is for a 50:50 split unless there are good reasons to the contrary. This
was designed to stop “stay- at- home Mums” being discriminated against and to
recognise their non-financial contributions to the marriage.
There are rules about who can divorce in England (based on residence and domicile)
and the range of orders an English Court can make in respect of the family home in
Spain is limited. It is, therefore, essential to get good legal advice tailored to your
individual circumstances before embarking on any course of action.
We have a qualified and regulated English Solicitor who specialises in family law and
Spanish solicitors at your disposal right here on the Costa Blanca, who will answer
your questions sympathetically and give you the information you need to make these
life-changing decisions. Contact our Solicitor for help and advice.
of time to an uncontested divorce in England (subject to the workload of the particular
Court).
Things get complicated, however, if there are disputed areas. Whilst the Court in
Spain will apply English law where the spouses are both English, this raises other
issues and will undoubtedly increase the delay and the cost as translators will be
needed. Another factor to bear in mind, especially if you think that your spouse is
hiding assets, is that the procedure for requiring one party to disclose in detail his or
her assets is much more defined and strictly applied in England than it is in Spain.
England has a similar system to the Spanish Courts for approved financial
agreements whereby the Court can embody everything you have agreed in a legally
binding Court approved consent order. Where things are not agreed, however, the
process can be lengthy and you would have to be prepared to attend Court for up to
3-4 separate hearings.
The English courts have a very flexible approach to both maintenance and the
division of assets and, following a case in 2000, the “yardstick” for the division of
capital assets is for a 50:50 split unless there are good reasons to the contrary. This
was designed to stop “stay- at- home Mums” being discriminated against and to
recognise their non-financial contributions to the marriage.
There are rules about who can divorce in England (based on residence and domicile)
and the range of orders an English Court can make in respect of the family home in
Spain is limited. It is, therefore, essential to get good legal advice tailored to your
individual circumstances before embarking on any course of action.
We have a qualified and regulated English Solicitor who specialises in family law and
Spanish solicitors at your disposal right here on the Costa Blanca, who will answer
your questions sympathetically and give you the information you need to make these
life-changing decisions. Contact our Solicitor for help and advice.
Getting Divorced
Should I get divorced
in Spain or in England?
Should I get divorced
in Spain or in England?
life in the sun does not work out for them and
