Each family situation deserves to be analysed separately in order to respond to the individual problems of each person. Moreover, legal solutions to the same problem may differ from one country to another.
We offer legal assistance to French-speaking people facing family difficulties. We help you to quickly put in place the necessary legal measures for your family situation in Spain.
Divorce
It is possible to apply for a divorce three months after the date of celebration of the marriage. It is not necessary to justify the request for divorce, it will simply be necessary to express the will to dissolve it.
In Spain, there are two ways to get divorced: (i) contentious divorce (for those who cannot agree and put aside their differences) and (ii) divorce by mutual consent (easier and less traumatic).
In both cases, it is useful to seek the advice of a lawyer specialising in family law, as it will be necessary to file an application for divorce with the Spanish courts. This application must be accompanied by a parenthood agreement in the case of a marriage with children. This agreement will determine the custody of the children, visits and stays (even holidays outside Spain), the habitual residence of the children, the amount of maintenance, the right to compensatory pension and the dissolution of the property regime.
It is also possible to request the implementation of provisional and/or protective measures and to solve problems related to the prohibition to leave the country, the questioning of the exercise of parental authority.
Likewise, it is possible to request the modification of a divorce judgment issued in Spain or abroad and to request the enforcement of foreign judgments in Spain (it will be necessary to determine the jurisdiction and the applicable law).
Separation
Separation is the act by which the spouses, by mutual agreement or by decision of one of them, agree to break off their relationship and start a separate life.
Separation, like divorce, must be applied for in the competent court and can be done in a contentious manner or by mutual consent.
Marital separation implies a suspension of the marriage; the matrimonial relationship being completely severed only by the divorce or death of one of the spouses.
Wedding
If you are getting married in Spain, you must first make an appointment with the registrar in the province where you live and present the necessary documents. We can assist you with these formalities and with drawing up the marriage contract.
We also assist our clients with the recognition and probate of their marriage in Spain.
Living together
Marriage remains the most common option for couples but becoming a cohabiting couple and registering in a specific register as such is an alternative that for many citizens is becoming increasingly attractive.
With regard to the regulations governing de facto couples, we note that each Community has its own legislation. Thus, it is important to know that depending on our place of residence we have to go to a specific register.
The procedures for joining each register can vary widely. In general, both heterosexual and homosexual couples can register, provided that the members are, as a rule, of age (or emancipated minors), are not married, are not disabled and are not in a direct relationship.
Although the de facto union does not create a legal maintenance obligation between the members of the couple, this does not eliminate the existence of a maintenance obligation with the couple’s descendants.
Recognition of foreign judgements in Spain
- Determination of the competent court and analysis of the applicable law.
- Recognition of divorce in Spain.
- Recognition and probate of a marriage in Spain.
- Application for enforcement of a foreign judgment in Spain.
- Request for modification of a foreign judgment in Spain.
International succession
- Analysis of the law applicable to the international succession in order to determine the rights of the heirs under reserve.
- Accompanying heirs in asserting their rights to the deceased’s property in Spain.
- Obtaining the NIE of the heirs.
- Request for certificates (will certificate, death certificate, life insurance certificate, European Certificate of Succession).
- In the absence of a will, accompanying the declaration of the intestate heirs.
- Acceptance of inheritance in Spain.
- Contact with a foreign document legalisation service.
- Assistance with the declaration and change of ownership of property in Spain in favour of the heirs in France.
- Registration of the new owner at the Land Registry in Spain.
- Assistance in leaving the joint ownership and buying or selling the property in Spain.
Some of the firm’s lawyers have the title of Family Mediator. This allows us to intervene in conflictual family relationships. The aim is to encourage dialogue and try to reach a reasonable agreement for each of the parties in conflict.
A family business is a business whose assets and governance are held by family members. The aim is to leave the business in the hands of the next family generation.
In a family business in Spain, the founders who are members of the family directly or indirectly own the majority of the votes. The governance of the company is usually entrusted to family representatives.
The family business operates in the same way as a Spanish limited company, but with some special features that must be set out in what is known as a family protocol. This document is equivalent to the shareholders’ agreement of commercial companies. It is a framework agreement, signed between the members of a family, which regulates the organisation and management of the family business, as well as the economic and professional relations between the family. All this is done with the aim of enabling the efficient and successful continuity of the business through the following family generations.