Process for Distribution of Assets Following Divorce in Spain

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When considering how assets should be divided between divorcing spouses,  the law in Spain firstly determines the ‘type’ of marriage that exists between the spouses and then separates the common assets from  private assets – the latter belonging exclusively to one of the spouses. It should be pointed out though that should there be an agreement between the spouses then it will be unnecessary for the courts to adjudicate the matter.

The judge directs the spouses to meet on a specified date to draw-up an inventory of the matrimonial assets. Failure to appear at this meeting will be taken to mean agreement with the inventory proposed by the other spouse.

Where there is disagreement as to whether an asset should be included in the inventory of matrimonial assets or as to it’s value then this is set-aside to be resolved by the judge.

Submit Distribution Proposal

Once the inventory is agreed or decided upon by the judge, and the declaration ending the marriage is made then either of the spouses may request division of those assets which appear on the inventory. This request should be accompanied by a proposal as to how the assets should be divided – taking into account the norms established by civil law in this regard.

Having received the request to divide-up the assets both parties will receive an invitation to meet with a court official within 10 days so as to reach an agreement as to the distribution of the assets. As before, failure to attend will be deemed acceptance of the other spouse’s proposal. A failure to agree will necessitate a ruling that an expert arbitrator be appointed to decide on the matter.

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33 Lawyers Offering Divorce Services in Spain

Testimonials for our Divorce service
  • Richard Flawn
    Richard Flawn , Alicante

    I Found Jose very professional and knowledgeable regarding my divorce proceedings and would gladly recommend him.


    May 31, 2020
  • Stephen Harris
    Stephen Harris, Fuengirola

    My solicitor here in Spain did get me a divorce as requested and tried his best to get it recognized in the U.K. unfortunately this has proved impossible. My solicitor here probably not aware of the difficulty at that time but did his utmost best.


    May 14, 2020
  • Havin Omed
    Havin Omed, Madrid

    I was satisfied with all of services above. Especially his responses so good.


    Jan 17, 2020
  • Christopher Allen
    Christopher Allen, Las Palmas

    Very informative and clear.


    Nov 28, 2019
  • Michelle
    Michelle, Murcia

    I’m very happy with the way Maria dealt with everything,I would definitely contact Maria if I ever needed her services again 😃


    Nov 27, 2019
  • Eamonn Gomez
    Eamonn Gomez, Madrid

    Francisco and Carmen did a great job handling my divorce. In this difficult time for me, they handled the issues with understanding and flexibility.


    Francisco was very good in court and he could defend well against all the challenges made to the pre-nuptial contract my husband and I signed, so that it was upheld in full.


    Sep 29, 2019
  • Eamonn Gomez
    Eamonn Gomez, Madrid

    Francisco was extremely helpful, he couldn't have done more.


    Sep 07, 2019
  • Tina Shiels
    Tina Shiels, Fuengirola

    Alvaro was very helpful and went above and beyond to try to help me in my situation as I needed it to happen as fast as possible.


    Even whilst he was on holiday he was in touch and made things happen. would definitely recommend!


    Sep 06, 2019
  • Marion Brennan
    Marion Brennan, Alicante

    At every stage of our family case, Jose Antonio has been knowledgeable and thorough, very professional while remaining kind and supportive and ensured that we took the right steps for a positive outcome.


    I would highly recommend Jose Antonio for legal representation.


    Jun 29, 2019
  • Robert Cunningham
    Robert Cunningham, Mallorca

    Rosa was absolutely first class. She made a very difficult time in our lives a lot easier and for that I could not be more grateful. Thank you Rosa


    May 20, 2019
  • Keisha
    Keisha, Valencia

    Inmaculada was professional and also demonstrated compassion and understanding during this difficult period in my life.


    Apr 03, 2019
  • Wayne
    Wayne, Valencia

    Francisca was very informative and helpful. She handled my divorce professionally and made it easy for me throughout the process.


    Highly recommend and reasonable fees. Thank you, Francisca!


    Mar 16, 2019
  • Wayne Cherry
    Wayne Cherry, London, England

    Francisca was very informative and attentive to all of my inquiries and concerns. I would definitely be going back to her if needing her services again and would recommend her brilliant services.


    Mar 09, 2019
  • Candy
    Candy, Cadiz

    Francisco was very responsive, supportive and understanding.


    Unfortunately, I had to use another lawyer who has helped me in another case.


    Feb 11, 2019
  • Colin Wilson
    Colin Wilson, Australia

    Overall it was great. Rosa always answered all questions asked and provided clear, concise and well explained answers.


    When there was a delay in responding she did offer an apology which was appreciated. Rosa always instilled a sense of confidence that she knew exactly what was going on, what I was asking, and what the applicable law was.


    When not a Spanish local and dealing with her remotely, this provided great comfort in a sensitive matter.


    Oct 30, 2018
  • Julie Smith
    Julie Smith, Torrellano

    I can't compliment my solicitor enough.


    From our initial meeting right through to my ultimate divorce (with no unpleasant surprises the entire duration of the entire process), he immediately responded to my many enquiries, always had mine and my daughter's best interests at the forefront of any considerations and was well worth every penny of his extremely reasonable fee.


    Excellent value for money, totally approachable and very professional and understanding. I highly recommend him and will continue to retain his services for other matters in the future.


    Apr 20, 2018
  • Robert Davies
    Robert Davies, Mallorca

    Very supportive and clear on producing a suitable divorce settlement.


    Efficient, understanding and professional.


    Mar 12, 2018
  • D slocombe
    D slocombe, Spain

    Jose is very friendly and understanding.


    I am very satisfied and I would you use the same lawyer again in the future.


    May 19, 2017
  • Louise Kirby
    Louise Kirby, Alicante

    Jose Antonio is a very dedicated lawyer. He ensures he has a deep understanding of the case and provides excellent advise on a range of issues.


    He has often replied to queries out of hours and works hard to provide the best outcome for his clients.


    His service is outstanding and I would highly recommend him.


    Feb 15, 2017
  • Stanley Jones
    Stanley Jones, Llano del Camello

    I am very satisfied with Oliver, he was very helpful and always happy to assist.


    I would definitely use the same lawyer again in the future.


    Jan 17, 2017
  • CW
    CW, Ibiza

    Very knowledgeable and supportive from the outset.


    Made to feel very comfortable and nothing was too much trouble. Very highly recommended.


    Nov 22, 2016
  • Kate Godbehere
    Kate Godbehere, Granada

    From the outset, Rosa was extremely professional, approachable, efficient and competent. Her level of English is extraordinary, something very much appreciated as it made life easier for me during an inherently difficult time.


    Her correspondence was always relevant, detailed, simply and clearly explained and expressed. Rosa was kindly, matter of fact, calm, patient and always reassuring.

    Her pro-active, intelligent, thoughtful and knowledgeable advice helped very much during a particularly delicate and worrying stage of the process.


    Feb 25, 2016
  • Thomas Hills
    Thomas Hills, Spain

    Legally I believe everything was covered in what I think was a complicated situation, so I am satisfied that I was well represented.


    No problems were encountered with language, as the lawyer had perfect English. Meetings were scheduled and kept, which is good for Spain !

    Overall I am very satisfied with the service.


    Mar 13, 2015
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