Divorce & Pensions in Spain

Filed under : Family Law

In the United Kingdo,
pension sharing and pension splitting orders are now common where a couple
divorce after a lengthy marriage.  In
English law a pension can be considered as one of the most important assets as
it can provide for future needs of the parties.

In the Spanish Courts when an English couple divorce,
English law is normally applied to the financial measures.

There is generally a 50/50 split of the assets once the children’s
needs have been taken care of.

It is important to provide information on pensions to your
lawyers and often it is necessary to find out what rights, if any, a divorcing
spouse will have before making an application to the Court.  This may involve establishing the terms of the
pension in respect of divorce and it may be necessary to contact the Pension
Company.

When considering the split of assets between a couple, the
Court should also look at domestic contribution to a lengthy marriage.  An older woman or man who has not worked is
often worried that their contribution will not be recognized.  It is also surprising how often one party is
in a much stronger position economically i.e. having other assets or
investments in their sole name.  A good
way of dealing with these disparities is negotiating a financial settlement to
prevent a lengthy contentious divorce proceeding.

F

or more information on this subject, or to make an appointment for a
private consultation, please contact us at De Cotta Law De Cotta McKenna & Santafé on:

Tel.: +34 952 931 781
Fax: +34 952 933 547