By WeLex, your divorce lawyer in Marbella, Málaga Spain. There are many issues related to the title of this section of our web worth mentioning.
Are you willing to divorce in Spain? Approach one of our multilingual family lawyers of our law firm in Marbella, WeLex. We are a specialised team of family lawyers and accountants in Marbella.
The first issue to be addressed is one related to jurisdiction, because the Spanish state needs a link with those who wish to divorce in order to know about said divorce.
In other words, if your last address or place of last residence is in Spain, then you can divorce before the courts in Spain.
There was an amendments at divorce law in Spain introduced to the Spanish legal system in 2015, updating the procedures of voluntary jurisdiction and largely repealing the part of the civil prosecution law of 1881 that still remained in force after the publication of the civil prosecution law of the year 2000, has come to include different divorce possibilities. This includes not only the jurisdictional method (going to court) but also the possibility of doing it through filing voluntary jurisdiction before a lawyer of the administration of justice as well as the possibility of doing so before a notary in Spain.
However, in practice, it is advisable to take the first option – that is, to appear before a court in Spain. This is not only, in the long run, more cost-effective, but it also provides a higher guarantee of the resolution of the divorce in Spain.
Welex, your multilingual divorce lawyers in Marbella, and family lawyers in Spain!
Thus, in the case of a resident in Spain, even one of another nationality, who wishes to divorce using this method, he or she would be required to hire the services of a lawyer and court representative, because it is an indispensable requirement in accordance with the law in Spain. For this matter, do not hesitate to contact the lawyers specialising in family law in Spain.
Together with the claim, the representation of the plaintiff must be accredited, and we will need the translated and apostilled certificate of marriage and any birth certificates of children.
The economic capacity of both parents will need to be determined in cases where one wants to claim an alimony for the minors or a compensatory pension under Article 95 of the Spanish Civil Code, if the dissolution of the marriage results in an imbalance for one of the spouses. Likewise, a proposal for a divorce agreement and any other document to justify the claims of the parties must be included.
Also take into account the Spanish legislative modification of 2015 that allows, in case of a divorce in Spain by mutual agreement, to include the formation of inventory and liquidation of joint assets in the divorce procedure. In this way, all can be processed by just one procedure which would otherwise involve three legal proceedings in Spain.
Together with the filing of the claim in Spain, it is important to apply for the adoption of measures that involve regulating the custody of the minors, the payment of alimony, and the use of the house in Spain, among others, for the duration of the procedure until the judgment.
Lastly, it is important to mention that, in this type of procedure, both spouses can use the services of the same lawyer and court-representative if they agree to a procedure of mutual agreement.
Do not hesitate to contact our family law firm in Marbella. WeLex is at your disposal for any civil matter. Do you want to divorce in Spain? Feel free to contact the best family lawyer in Marbella. WeLex, your excellent divorce lawyer in Marbella, family lawyers in Spain!