International lawyer divorce between UK and Spain

At Pellicer & Heredia, we understand the importance of an international lawyer divorce between the UK and Spain can be daunting due to differing legal systems and regulations. Our expert team of international divorce lawyers specializes in helping clients handle these complexities, ensuring that the process is as smooth and stress-free as possible.

Whether it’s determining which country has jurisdiction, understanding how assets are divided, or securing fair child custody arrangements, we are committed to guiding you through every legal detail. Providing bilingual legal support, offering clear communication and personalized solutions tailored to your unique situation. We handle everything from divorce filings and property disputes to mediation services, ensuring that your rights are protected in both countries.

Pellicer & Heredia we are experts in international family law, and we will be with you every step of the way, offering compassionate guidance and expert representation. Whether you’re living in the UK or Spain, we are dedicated to helping you achieve a fair resolution, prioritizing the well-being of both you and your family throughout the process. Let us simplify your international divorce journey with professionalism and care.

Family divorce lawyers for expats

Although you are living as an expat in Spain, you may find yourself in need of professional legal advice on matters relating to the laws of England and Wales. Typically, this may be for divorce or matters concerning children. Our qualified UK divorce lawyers have been practising since 1985 and advising expatriates on divorce.

There is a common misunderstanding that if you are a UK citizen living abroad, you can no longer use the legal system of England and Wales to petition for divorce. This is not the case, and we can assist with guiding you towards making the right decision about when and where to divorce. We can provide you with full legal representation both in Spain and the UK.

It may be more advantageous to use UK courts rather than navigating Spanish law, depending on factors like where your assets are located, which country’s legal system offers more favourable outcomes for your case, and the potential tax implications. The legal framework for how financial and child-related matters are dealt with varies widely across countries. The outcome of divorcing in Spain may be very different from what you might expect to achieve in the UK.

The key is to make an informed decision with the benefit of specialist legal advice. The rules of international divorce are complicated, but your choice can make a significant difference to the outcome, both financially and personally.

Differences between UK and Spanish divorce laws

Navigating an international divorce between the UK and Spain presents unique challenges due to differing legal systems. Understanding these differences is essential to make informed decisions regarding jurisdiction, financial matters, and child custody arrangements. Each country follows its own set of rules, so it’s important to know how these regulations could impact your case and outcomes.

Jurisdiction and residency requirements

One of the first and most critical aspects of an international divorce is determining jurisdiction. Both the UK and Spain have specific residency requirements that must be met before filing for divorce.

In Spain, at least one of the spouses must have been a resident for a specific period before filing, while in the UK, the court will require proof of domicile or habitual residence. The decision on where to file can significantly affect the outcome of the case, so understanding which court has the authority to hear your divorce is crucial.

Financial settlements and asset division

The financial aspects of divorce also differ between the two countries. In the UK, courts typically aim for an equitable division of assets, considering factors such as each spouse’s financial contribution, needs, and future earning potential.

On the other hand, Spain operates under a community property system, meaning assets acquired during the marriage are often split 50/50. The treatment of personal and marital property can vary greatly between the two systems, so it’s essential to assess which jurisdiction offers the most favourable financial outcomes for your situation.

Child custody and support

When it comes to child custody, both the UK and Spain prioritize the best interests of the child, but the legal approaches can differ.

In Spain, joint custody is more commonly granted, with both parents sharing responsibilities equally. The UK courts, while also child-focused, may offer more flexibility in custodial arrangements, depending on the specific circumstances of each case.

Additionally, child support calculations differ, with Spanish courts often tying support directly to the parents’ income levels, while UK courts use specific guidelines to determine appropriate amounts.

Pellicer&Heredia services for a UK-Spain divorce

At Pellicer & Heredia lawyers, we offer a wide range of lawyer services to guide you through the complexities of an international UK-Spain divorce:

1. Jurisdiction and residency advice. We analyze both UK and Spanish residency laws to determine which country is best for filing your divorce, focusing on the legal advantages for your case, whether in financial settlements, custody, or jurisdictional speed.
2. Asset division. Our team ensures that your property, savings, pensions, and other assets are divided according to the relevant laws in the UK and Spain. We navigate the complexities of asset valuation and equitable distribution, ensuring a fair outcome for both parties.
3. Child custody and support. In international divorces, ensuring a child’s best interests are prioritized across borders is critical. We provide guidance on child custody agreements, visitation schedules, and financial support, aligning them with the laws of both countries.
4. Mediation and legal representation. We offer bilingual mediation services to help resolve disputes amicably, saving time and cost by avoiding court. If mediation isn’t possible, we provide strong legal representation in both the UK and Spain, ensuring your rights are upheld.
5. Document preparation and filing. Our lawyers handle all necessary paperwork for the divorce, such as court filings, financial disclosures, and custody agreements, ensuring that all documents comply with both UK and Spanish legal systems.
6. Tax and financial implications. International divorces often carry significant tax implications. We provide expert advice on how your divorce may impact your taxes in both countries, ensuring you minimize potential liabilities and protect your financial future.
7. Post-divorce issues. We offer ongoing legal assistance after the divorce is finalized, helping with modifications to child custody agreements, enforcement of court orders, or addressing any new financial or legal issues that arise post-divorce.

Each of these services is designed to ensure a seamless and comprehensive approach to international divorces between the UK and Spain, with personalized attention to every aspect of your case.