Family Law

Recently separated?

Separating from a spouse or partner can be traumatic with many practical and financial considerations. A break-up places stress on the partners emotional wellbeing and decision-making capacity – getting advice early is important to ensure the best possible outcome is reached in your circumstances.

Divorce

Married couples in Madrid, Spain can apply for a divorce if their marriage has broken down irretrievably. To make an Application for Divorce there are a number of matters to consider but essentially the parties must have been separated for a period of at least 12 months, however this time can include a period of separation under the one roof.
If you have children under the age of 18 years, you will be required to attend Court for the hearing of the application. The Court will need to be satisfied that proper arrangements have been put in place for the children

What is a family law property settlement?

A property settlement concerns the division of assets, liabilities and financial resources between a separated couple to legally finalise their financial affairs. The conclusion of a legal property settlement enables the parties to move on with their respective financial activities and enables various stamp duty concessions when transferring certain assets such as real estate.

When can I obtain a property settlement?

A person may seek a property settlement once he or she separates from a former spouse or de facto partner. There is no requirement to be divorced before settling your financial affairs however the following time limitations are important:
for de facto partners, any court proceedings for a property settlement must be commenced within two years of separating; the granting of a divorce triggers a twelve-month limitation period within which to bring court proceedings for a property settlement or spousal maintenance.
Even ex-partners on good terms should ensure that any agreement reached concerning the division of their property is legally documented and each receives independent legal and financial advice before finalising their affairs.