Some important points from the Spanish family law.

1. FAMILY LAW IN SPAIN
by Bressers Law

2. Prenuptial agreements - Marriages
• Contrary to the situation in other
countries, for exaple The United
Kingdom, the prenuptial agreements
are always respected in Spain when
they exist.
• If a divorce takes place, the
agreement is executed even if one of
the spouses or the children are put at
a disadvantage.

3. Property Regime - Marriages
• Before getting married in Spain, it is
stablished the property regime.
• Community Property
The assets bought during the marriage are
owned by both spouses equaly.
• Separate Property
Properties bought by each of the spouses
remain separate property of the spouse.

4. Divorce in Spain
• In Spain a divorce can be admitted
under two circumstances:
• Both spouses request it
• One of the spouses requests it
• The Spanish law pronounces that you
can get divorce after three months of
marriage.

5. Children maintenance - Divorce
• It is necessary to let the judge know
about your financial situation in the
first stages of the divorce.
• The paying party is the responsible of
giving the judge the burden of proof of
the financial situation.

6. Children custody - Divorce
• Both parents have the same rights in
Spain when making decisions about
the children’s lives.
• Both parents must fulfill all the
children’s necesities.
• Both parents are equal regarding
parental responsibility.

7. Financial disclosure - Divorce
• During the divorce process both
spouses must be completely frank
when informing about their financial
situation.
• The burden of proof must be
presented by the spouse who assures
that there are assets.

8. Maintenance for the spouse - Divorce
• In Spain the maintenance for the
spouse is only awarded when one of
the spouses will be economically
disadvantaged.
• The maintenance for the spouse is
awarded in order to balance the
financial situation.
• The disadvantage situation must be
proved in court.

9. Property Regime - Divorce
• The split of the properties in a divorce
depends on the property regime of the
marriage.
• Community Property
The assets are divided equaly between
the spouses.
• Separate Property
Each of the spouses maintain the
properties bought by him/herself.
• The judge can make a compensation for
the disadvantaged spouse without taking
into account the marriage regime.

10. Child Abduction - Divorce
• When the spouses come from
different countries it is important to
know the laws of both countries in
order to avoid child abduction.
• In this issue, Spain follows the rules of
the Hague Convention on the Civil
Aspects of Child Abduction.

11. Wills – Inheritance law
• If a person with assets in Spain dies
without a will, then the Spanish law
will be applied.
• As every country has different
inheritance laws, it is important to be
adviced by an expert in order to write
the most appropriate will.

12. The advise of a lawyer
• Making a prenuptial agreement,
stablishing the property regime of a
marriage, facing divorce or writing a
will should be always done with the
help of a professional.
• When someone is facing any of these
situations in a foreign country, the role
of a lawyer becomes vital in order to
fulfill all the points of the law.

13. Bresserslaw
• Bresserslaw is a lawyers office in Spain specialized in
divorces of people from different countries or foreigners
facing divorce in Spain.
• Our knowledge of the Spanish law and our capability of
talking to our clients in their own language is very
important in order to achieve the desired results.