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Divorce by consent 

Spain has a system of no fault divorce and a British or foreign couple who live in Spain wishing to divorce can do so by agreeing the divorce and submitting to the law of Spain providing the court with a Convenio Regulador (similar to an English consent order). This will allow them to regulate arrangements for children and their financial matters without having to rely on the Spanish court to make a decision. The Judge will require evidence of foreign law if the couple are both of the same nationality and this makes the matter more complicated and costly.

However if there are pensions, English or non-Spanish assets and other complicated valuations such as the value of business and mortgaged property it is best to consider if the case should be dealt with in Spain or whether another jurisdiction is more appropriate. With the European regulations (Brussels II) in place the matter of jurisdiction i.e. which country’s courts should hear the case is very important. The principle is “first come, first served” so it is best to get advice if you live in Spain and if you think there may be difficulties in dividing the assets on divorce.

De Cotta Law is a specialist in Family Law, should you require any more information or to discuss the matter with a lawyer please contact tenerife@decottalaw.net


De Cotta Law Open Day

De Cotta Law, the Firm of English Lawyers and Spanish abogados with offices in the Canary Islands and Mainland Spain, are holding an Open Day in Tenerife on 26/11/2015, from 9:30 to 17:00. Sandra Wrightson and Isabel Fernández our specialist family lawyers will be available for free consultations on Family Law & English law, all legal consultations throughout the day will be completely FREE; to book your private consultation please call our office on 922 719 520 or send an email to tenerife@decottalaw.net

Visit De Cotta Law’s offices, opposite The Scotch Corner bar, in San Eugenio, Playa de Las Americas, Adeje and take advantage of a free, private legal consultation.

De Cotta Law – Over 25 Years Experience in Spain – Property & Conveyancing – Spanish Wills and Inheritance – Family law and divorce – Criminal litigation – Civil litigation – Personal injury – Timeshare and tourist law – Commercial law – Tax

De Cotta Law

Avda. de los Pueblos Esq. C/ Colón

Parque Residencial Villaflor, Local B-20, 1ª Planta

San Eugenio, Playa de Las Americas

Tel.: (00 34) 922 719 520

Fax: (00 34) 922 724 511

Email: tenerife@decottalaw.net

Website: www.decottalaw.com