You may have found it difficult to understand why there has been such an outcry against the court’s ruling that parliament should have a vote on Brexit. It appears to me the same people who wanted to restore sovereignty to the British parliament are now saying that parliament should not have a say in a major constitutional and legal change. Be that as it may in my view turkeys don´t vote for Christmas and nor will MPs go against the Brexit vote.
At De Cotta Law we are looking at the changes that are most likely to affect our clients, both those living in Spain and those from the UK. We recently held a seminar in England to discuss with English lawyers the particular areas of law that will be affected.
In Family Law where the European orders that are now recognised automatically in Spain might not be available to British nationals in future. An example would be the enforcement of an English Order for visits with children who are living in Spain. At present once the parent obtains a Certificate under Article 39 of “Brussels II” the enforcement procedure in Spain will be available. All that is required is a translation of the order and a parent refusing court ordered visits can be compelled to abide by the UK Order by the local court or the Guardia Civil in Spain.
However, a recent law passed in Spain on Co-operation in Judicial Matters 29/2015 allows a parent from a non-European country to apply under what is called an exequatur proceeding to have the non-European order recognized and enforced in Spain. The issue will be the time that this procedure will take as an application has to be made to the local court before there can be enforcement of the order. Some courts are likely to hear these applications more quickly than others and there would be additional costs.
We now know that the UK is almost certain to seek to incorporate much European legislation into its own body of law. This does not mean that Spain would accept the application as the legal view here could well be that once we are no longer members of the EU we are not able to rely on its legislative framework. the most important thing to do for those with Family, property or businesses in Spain is to be kept up to date with changes as and when they come into force. We will be doing this in our newsletters during the year and we can add your email address to our list if you contact us on [email protected]
Sandra Wrightson – Partner at De Cotta Law