Legal advice and representation in divorce, separation and other matters of Spanish Matrimonial Law, including both agreed and contested proceedings.
At EBAN Abogados, we provide legal assistance throughout the process of marital breakdown: from an initial assessment of its personal and financial consequences to the negotiation of agreements, divorce proceedings and, where necessary, representation before the Spanish courts.
Divorce involves more than simply bringing a marriage to an end. Where there are children, a family home, jointly owned assets, debts or continuing financial relationships between the spouses, decisions made during the divorce may have consequences for many years. It is therefore important to determine what needs to be resolved, what can be agreed and which issues may ultimately require judicial determination.
Divorce and Matrimonial Law
Before starting divorce proceedings
Legal advice can be particularly valuable before decisions are made that may subsequently be difficult to reverse.
Leaving the family home, changing the way household expenses are paid, dealing with joint bank accounts, altering existing arrangements concerning the children or assuming new financial commitments are decisions that should be considered in the context of the marriage as a whole.
An initial consultation can help establish the likely legal and financial consequences of the divorce, identify documentation that should be preserved and determine which matters will need to be resolved.
Where an agreement remains possible, this preliminary assessment can also facilitate an orderly negotiation and avoid unnecessary disputes before court proceedings begin.
Agreed and contested divorce
Whenever a reasonable agreement can be reached, an agreed divorce allows the spouses to retain greater control over the personal and financial consequences of their separation and reduces the number of issues that must ultimately be determined by a court.
An agreement should nevertheless be legally sound and properly address its future consequences. Apparently straightforward arrangements can become a source of later disputes when important matters have been omitted or their terms are ambiguous.
Where agreement is not possible, either spouse may seek a contested divorce. The court will then determine those measures that remain in dispute on the basis of the circumstances and evidence presented in the proceedings.
The fact that proceedings begin as contested does not prevent the parties from subsequently reaching an agreement. An important part of the lawyer’s role is to identify which matters can realistically be negotiated and which require judicial determination.
More information about agreed and contested divorce →
The divorce agreement
In an agreed divorce, the spouses submit a regulatory agreement (convenio regulador) setting out the measures that will govern their family and financial relationships following the breakdown of the marriage.
Depending on the circumstances, it may address arrangements concerning children, custody and parenting time, child maintenance, use of the family home, family expenses, spousal maintenance and other financial consequences of the divorce.
Its importance should not be underestimated. The agreement may govern family and financial arrangements for many years and, once approved, its obligations may be judicially enforceable.
Our role therefore goes beyond completing a standard form. The agreement should reflect the actual circumstances of the family and, as far as reasonably possible, anticipate issues that could subsequently give rise to disputes.
More information about divorce agreements in Spain →
Children, custody and maintenance
Where minor children are involved, their best interests are the fundamental consideration when determining the measures that affect them.
Among other matters, arrangements may need to be established concerning custody, the allocation of time with each parent, communications, child maintenance and the way in which significant decisions affecting the children are to be made.
There is no single arrangement appropriate for every family. The children’s ages, the organisation of family life before the separation, the availability of each parent, their respective homes, working hours and other relevant circumstances must be considered together.
Clear and sufficiently detailed arrangements can prevent many subsequent disputes, particularly in relation to holidays, extraordinary expenses, travel and significant changes in the children’s circumstances.
The family home and financial consequences of divorce
Divorce can have significant financial consequences.
The use of the family home, mortgage payments, family expenses, joint accounts, existing debts and any potential spousal maintenance are distinct matters that must be considered according to the circumstances of each case.
It is also important to distinguish between ownership of an asset, the right to use it following separation and the financial obligations associated with it. The fact that one spouse is entitled to use the family home does not in itself determine ownership or extinguish obligations owed to third parties.
The financial consequences of divorce should therefore be considered together with the matrimonial property regime applicable to the marriage and the actual financial circumstances of both spouses.
Division of matrimonial property
Divorce and the liquidation of the Spanish community property regime (sociedad de gananciales) are related but legally distinct matters.
Where the marriage is subject to the Spanish community property regime, it may be necessary to determine which assets and rights form part of the common estate, which liabilities should be included, whether claims exist between the spouses’ separate and common estates, and how the different assets should be valued and distributed.
A mortgaged family home, businesses or company interests, property acquired before marriage, contributions of separate funds or disagreements concerning the nature of particular debts can make a detailed financial assessment particularly important.
The matrimonial property regime may be liquidated by agreement or, where agreement cannot be reached, through the corresponding judicial proceedings.
More information about the division of matrimonial property →
Modification and enforcement of divorce measures
Circumstances existing at the time of divorce may subsequently change.
Significant changes in financial, employment or family circumstances may make it necessary to consider a modification of the measures established by a judgment or an agreement approved by the court.
A different situation arises where the measures remain applicable but one of the parties fails to comply with them. Judicial enforcement may then become necessary.
The distinction is important: an existing measure remains enforceable until it has been formally modified. A party cannot simply cease complying with an obligation because they consider that circumstances have changed.
More information about modification of divorce measures →
International divorce
Divorce can become significantly more complex where one spouse is a foreign national, lives outside Spain, the marriage took place in another country, or children or assets are located in different jurisdictions.
In these cases it may first be necessary to determine which courts have jurisdiction and which law applies, as well as the subsequent recognition and effectiveness of judgments or agreements in other countries.
International issues may also affect the matrimonial property regime, relocation of children, maintenance obligations and the identification and distribution of assets.
EBAN Abogados advises on family matters with international elements and, where necessary, coordinates the different legal issues connected with Spain.
Negotiation and court proceedings
The involvement of lawyers does not necessarily mean that a divorce must become an adversarial court dispute.
Where there is scope for negotiation, our objective is to identify the issues that are genuinely disputed and seek legally secure solutions. A reasonable agreement can reduce time, costs and, particularly where children are involved, conflicts that may make future family relationships more difficult.
Negotiation does not, however, mean accepting any proposal simply to avoid court proceedings. Where the parties’ positions are incompatible or the client’s interests require judicial determination, we provide representation in contested proceedings before the Spanish courts.
The strategy should reflect the circumstances of each case: negotiation where a reasonable solution is possible and litigation where judicial intervention is necessary.
Divorce Lawyers in Spain
We advise clients from the earliest decisions surrounding marital breakdown through negotiation, preparation of agreements and divorce proceedings before the Spanish courts.
As a multidisciplinary law firm, we can also address the property, tax, corporate and international issues that may arise in connection with a divorce.
Initial consultations are free of charge. Before undertaking any professional engagement, we assess the circumstances of the marriage, the available alternatives and the appropriate legal strategy.
You may also consult our frequently asked questions about divorce in Spain.
Divorce involves more than bringing a marriage to an end. An essential part of the legal process is properly arranging the family and financial relationships that continue afterwards.
EBAN Abogados
Divorce · Matrimonial Law · Family Law · Legal representation in Spain
