Separation Agreements

It is fairly easy to obtain a divorce in Spain provided both parties agree on the appropriate arrangements for children and assets. It is not needed to cite a reason in order to obtain a divorce and only requires a petition from one of the spouses. Non-Spanish nationals can obtain a divorce in Spain if they or their spouse is a Spanish resident (on the Padron or electoral roll), or a Spanish national, or the children live in Spain.

In a contested divorce, both parties must be residing in Spain or accept the Spanish jurisdiction.

Divorced parents still keep their duties with regard to their children. Spanish courts generally award alimony only where one of the spouses is clearly disadvantaged economically as a result of the divorce. A typical example would be where one spouse has given up a career to look after the children. Alimony awards vary but are generally between 15 – 40 percent of the higher income.

Where younger children are concerned, custody is awarded to the mother in most cases, unless there are factors that demonstrate this would not be in the best interest of the child. In recent years the courts have paid greater attention to considering awarding joint custody. If the couple agrees to share visitation rights the judge will take this into account. Regarding the division of assets, the rules are affected by where the couple is living (which region).

In divorce,  the initial step would be to start drawing up separation and divorce agreements. if we can help with this please contact us.

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