Posted in: Family Law
We frequently are asked what are someone’s rights if divorcing in Spain. Unfortunately if one of the parties to a marriage no longer wishes to be married, then they have the right to end that relationship. However, depending on financial circumstances, there may be economical consequences of that decision.
Firstly, one or both parties must be resident in Spain and on a padron. Also if there are children in common under 18 or still financially dependent, then the divorce must take place in the country where the children live.
In Spain, children always take priority. Thus, if there are dependent children in common, then the arrangements for the children should be discussed first. Where they will live, a monthly pension for looking after them and extraordinary expenses. Also custody and holidays need to be arranged. This can be done at the same time as discussing financial arrangements or an agreement made on these matters and the main financial part (property/other assets/pensions etc) sorted out later.
This is the big question that many people going through a divorce want to know. We need to discuss the length of marriage, where the clients were married, the work situation for the clients prior and during marriage and many other things. An appointment by zoom or in person carries a very low cost.
However, what we can say is that when two parties have been in a marriage for some years and one person gave up their job, even if the assets are not in their name they are likely to have some rights to stay in the marital home and for a pension to compensate the change in their circumstances.
We are happy to discuss divorces or cohabitation problems further if you wish.