De Cotta Law can provide a professional and confidential service to residents of Spain
We are often asked whether a couple can choose to divorce in England or in Spain, and where they will have the greater economic advantage. Although the UK is now outside the scope of EU legislation in both countries it can still be a question of “first come, first served” which means it is important to get the right advice before proceedings are commenced. England & Wales now have no fault divorce but the financial matters may still need to be settled either by negotiation or by taking the matter before a Judge.
A lot has been written in the news about wealthy individuals forum shopping – that is looking for the best country to take the action. Where one party has Pensions arising in the UK it can be very difficult to obtain a share of that pension in the Spanish courts. We have Family law specialists who can commence or defend divorce proceedings in England and you would not have to travel to England until any hearing takes place.
It may be that jurisdictional rules prevent you from commencing the divorce in England or a petition has already been lodged in Spain by your spouse. A battle over jurisdiction can become very costly and a better route may be to reach a settlement which can deal with property and assets.
If a divorce has taken place in the Spanish courts but one of the parties feels they have not received the correct settlement the door can still be open to financial proceedings in England. It is necessary to prove that the financial matters have not been properly dealt with. There have to be assets in England such as property, monies or pensions.
De Cotta Law can also directly instruct a Barrister in England who would be familiar with the decisions being made in the courts of England & Wales, equally in Scotland or Northern Ireland. This can be more cost effective than instructing a firm of solicitors in the UK where fees are generally higher and can rapidly rise if the matter is contentious.
If you would like an initial confidential telephone conversation please call Lauren Sykes on +34 951 315 161 or email on [email protected]