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Process for Distribution of Assets Following Divorce in Spain

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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Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga, Vera, Vigo.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.


1Who is this Service for?

For anyone who wishes to initiate, or who needs to respond to, divorce proceedings or other family law proceedings including separation and annulment.

2What does this service consist of?

  • Initial discussion with a specialist lawyer to understand the current position and options for next steps
  • If initiating divorce proceedings, possibility to refer case to an Advocate Abroad solicitor registered by the Law Societies in the UK to provide consultation on whether divorce proceedings may take place in the UK
  • If proceedings in UK not possible or desired, filing of the divorce petition to the local Courts or formal legal response if responding to a petition for divorce in the local Courts
  • Certificate of English law arranged if applying English-law to the foreign divorce proceedings
  • Negotiation of all terms of the divorce settlement
  • Drafting/Review of the divorce agreement
  • Division and distribution of Matrimonial Assets
Support services

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

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