New Year Divorce Enquiries


Posted and filed under Legal Issues in Spain.

New Year Divorce Enquiries

It is a sad fact that the majority of the enquiries after Christmas tend to be either about Divorce or Wills. Obviously, do not forget we are very happy to advise you and arrange to make Spanish Wills but this is a brief post regarding divorce in Spain.

As you will see from other blogs, it is now possible to divorce in Spain without going to Court.  We received an enquiry this week:-

“Hello, My wife and I have decided to divorce. She is a Spanish national living in Bilbao. I am a German National living in Berlin. We got married in Spain. We have no kids and no common properties. The divorce is with consent of both parties. I would like to know how if our case fits into the new ‘Voluntary Jurisdiction’ Law that I read about on your website. We have low incomes and would like to organise this as soon and as cheaply as possible. Thank you for your advice.”

This gentleman and his wife should be able to have a low cost divorce at a Notary, as there are no children in common and no joint assets. Also one of them lives in Spain (it doesn’t matter if someone is a Spanish national or not but they must be resident and on the padron in Spain). However, we are unable to help as we would need to arrange the divorce in the Notary of the local town to where one of them lives in Spain and Bilbao is much too far away from La Zenia.

Please remember that if there are minors involved the divorce always needs to take place where the children are resident and that if it is Spain this will involve a Court hearing. As the children are seen to be the most important, the custody and child maintenance can be done first and then financial matters sorted after,

What we are able to help with all over Spain is the transfer of property following a divorce agreement, as that does not have to take place at the Notary in the town where one of the parties is based.

Please contact us if we can help with any of these issues.





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