Queries on a Spanish Divorce Paperwork


Posted and filed under Legal Issues in Spain.

Queries on a Spanish Divorce Paperwork

From time to time when we are drawing up paperwork for a Spanish divorce, we receive questions about the Spanish terms in an amicable divorce and child custody agreement, such as the following:-

What is code 90 of the civil code?

This is a section of the Spanish civil law that applies to annulment, separation and divorce. It covers things like care of children, visits, expenses.  It is saying that the agreement is abiding by the norms of the Spanish code basically, as a divorce agreeent is being ratified in the Spanish Courts.

What does absolute separation of wealth mean?

Different countries, and even different regions in say Spain have different regimes for dealing with assets in the even of divorce. This clause is merely saying that the legal marital regime which applies with regard to separating any jointly owned assets, would be British if clients were married in the UK.

When a Child turns 12 what changes then?

Once children are 12/13 years old, they are considered mature enough to be heard by the Court regarding any Judgement that personally affects them, such as custody, so as to review matters and arrangements.

What does this mean:

“No mention is made with regards to the patrimonial situation of the marriage,

as this marriage is regulated by the regime of absolute separation of wealth?”

This means that this agreement does not cover what assets you have in common or not in common. It is merely dealing with the children and aspects around them.Other financial matters can be dealt with afterwards. 

It means the divorce can be dealt with quicker and clear arrangements can be made for the children quicker.

If you require  any assistance with a divorce or child custody issue, please contact us as we have a great deal of experience in this respect.

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