Summer: Separations and divorces. Expatriates with assets in Spain

Statistically during the summer months, and especially in September (in August the family courts do not hold session), consultations on divorces and separations and the number of family court claims presented increase.

While on holiday we might think that having more free time, and without the stress produced by work, children’s activities, etc., would make it an ideal time for couples and families. However, the truth is that the numbers say otherwise, it may be that with more time together there are more possibilities of conflict.Each year after holiday periods, including after the Christmas holidays, there are more family breakdowns than normal.If unfortunately this happens, it is essential to prepare the divorce or separation as conveniently as possible and make sure that we have all the necessary or important documentation and information in place.If you are an expatriate living in Spain or living in your country: United Kingdom, France, Germany, etc., there are legal and practical issues that must be considered.If you live in Spain, there are concepts of international law that may be of vital importance that could determine the law applicable for the divorce, and the matrimonial property regime, and the application of the rules of one country over another could be very relevant.If you do not live in Spain, but part of your assets are in Spain, and your intention is to initiate the divorce or separation process in your own country, it is still essential that an expert in Spanish Law helps you and your lawyers. For example in divorces by mutual consent, drafting the agreements one way or another may decide whether higher costs or taxes are to be paid, to explore the possibility to register the court order and change of ownership of properties in Spain at the Land Registry, etc.If you find yourself in this situation, and unfortunately it is not possible to solve your family situation, if you are a foreigner with properties or assets in Spain, whether resident or not, you should seek legal advice about the proper steps to be taken, because the consequences can be very different.