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Regional Divorce Law in Spain:      Alicante Province
If you are thinking about getting divorced in Spain            please make sure to view:  10 Must Know Facts For Anyone Pl...
Which law Applies?If a couple who are both English and were married inEngland but live in the Alicante region, which law i...
Which law Applies?The Spanish Civil Code (Art. 107) provides that the lawsapplicable to divorce proceedings in Spain shall...
Which law Applies?2) If there is not a common nationality, the law of the land inwhich they are both normally resident3) I...
Which law Applies?So, should a couple married in England apply for divorceproceedings in Spain then the Spanish court shal...
Which law Applies?Spanish law is also applied in the case of a mixed nationalitymarriage where both spouses are ordinarily...
Spanish Divorce LawsIn order to determine the Spanish legal rules that governmatters such as the distribution of marital a...
Spanish Divorce LawsThe two most important systems of marriage are:1) Sociedad de Gananciales2) Separación de BienesBriefl...
Spanish Divorce LawsSociedad de GanancialesUpon marriage a union of assets is formed whereby allfuture assets acquired dur...
Spanish Divorce LawsSeparación de BienesBoth of the spouses retain all rights to assets acquired duringthe marriage. Any a...
Spanish Divorce LawsSeparación de BienesUpon dissolution of the marriage it is necessary to determineownership of assets. ...
Spanish Divorce LawsBy Spanish Civil Code (Article 1315) the system of marriagethat applies is determined:1) By the couple...
Spanish Divorce Laws2) By the local prevailing law enacted by the regionalparliament3) In the absence of local legislation...
Spanish Divorce LawsSo, if a married couple did not make a formal declarationstating a preference for one particular syste...
Marriage Classification in AlicanteLaw 10/2007 states that the classification of a marriage isthat of ‘separación de biene...
Marriage Classification in AlicanteIn effect the law therefore impacts on those who arecontinually resident in the region ...
Division of Marital Assets upon a                Divorce in AlicanteThe procedure for the division of assets upon the endi...
Child Custody in AlicanteTypically, following a divorce any children will be placed inthe custody of one of the parents – ...
Child Custody in AlicanteHowever, another possibility is the shared custody of childrenwhich may be defined as:‘the legal ...
Child Custody in AlicanteWhile contemplated in the legislation reforming much offamily law in Spain (Law 15/2005) the conc...
Child Custody in AlicanteThe Comunidad de Valencia, of which Alicante Province ispart, is one of the regions that has intr...
Child Custody in AlicanteHowever, the central government has launched an appeal tothe Constitutional Court on the basis th...
Child Custody in ValenciaFollowing a further twist, a decision of the Spanish SupremeCourt in July 2011 has stated that sh...
Other Important Aspects of Divorce LawIn   the   absence   of   regional   laws   determining   suchmatters, the Civil Cod...
Other Important Aspects of Divorce LawOther State laws also have a national reach and accordinglymay need to be taken into...
For details of the services available from localEnglish-speaking family law experts in Alicante,                     go to...
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Divorce law alicante

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Divorce law alicante

  1. 1. Regional Divorce Law in Spain: Alicante Province
  2. 2. If you are thinking about getting divorced in Spain please make sure to view: 10 Must Know Facts For Anyone Planning To Divorce in Spain 2
  3. 3. Which law Applies?If a couple who are both English and were married inEngland but live in the Alicante region, which law is appliedto their divorce proceedings?How about a couple who possess different nationalities, bothhaving been resident in Alicante? 3
  4. 4. Which law Applies?The Spanish Civil Code (Art. 107) provides that the lawsapplicable to divorce proceedings in Spain shall be:1) The law of the country of which the spouses share acommon nationality 4
  5. 5. Which law Applies?2) If there is not a common nationality, the law of the land inwhich they are both normally resident3) If the spouses are not normally resident in the samecountry then the last country in which they were resident 5
  6. 6. Which law Applies?So, should a couple married in England apply for divorceproceedings in Spain then the Spanish court shall apply thelaw applicable in England.However, the same couple could request that Spanish law beapplied if they are both normally resident in Spain. 6
  7. 7. Which law Applies?Spanish law is also applied in the case of a mixed nationalitymarriage where both spouses are ordinarily resident inSpain.Given the number of people in this situation it is thereforeimportant to consider the application of Spanish divorce laws. 7
  8. 8. Spanish Divorce LawsIn order to determine the Spanish legal rules that governmatters such as the distribution of marital assets upon adivorce it is first necessary to ascertain the system ofeconomic relations marriage that the couple have agreed to. 8
  9. 9. Spanish Divorce LawsThe two most important systems of marriage are:1) Sociedad de Gananciales2) Separación de BienesBriefly, these can be defined as follows: 9
  10. 10. Spanish Divorce LawsSociedad de GanancialesUpon marriage a union of assets is formed whereby allfuture assets acquired during the course of the marriagepertains to this union and which upon dissolution of themarriage should be shared between the spouses. 10
  11. 11. Spanish Divorce LawsSeparación de BienesBoth of the spouses retain all rights to assets acquired duringthe marriage. Any assets that are bought with common fundsare owned in the proportion in which the spouses contributedto the purchase of the asset. 11
  12. 12. Spanish Divorce LawsSeparación de BienesUpon dissolution of the marriage it is necessary to determineownership of assets. 12
  13. 13. Spanish Divorce LawsBy Spanish Civil Code (Article 1315) the system of marriagethat applies is determined:1) By the couple themselves in a formal declaration before anotary (capitulaciones matrimoniales) 13
  14. 14. Spanish Divorce Laws2) By the local prevailing law enacted by the regionalparliament3) In the absence of local legislation, by the Spanish CivilCode 14
  15. 15. Spanish Divorce LawsSo, if a married couple did not make a formal declarationstating a preference for one particular system (typically thecase), we then must analyse any regional laws that mayestablish the system of marriage to prevail in that region. 15
  16. 16. Marriage Classification in AlicanteLaw 10/2007 states that the classification of a marriage isthat of ‘separación de bienes’.Article 3 of the same law states that the law has effect on allthose who are resident in Alicante as per the Statute ofValencia (Alicante’s Laws are approved in the regionalparliament in Valencia). 16
  17. 17. Marriage Classification in AlicanteIn effect the law therefore impacts on those who arecontinually resident in the region for a period of two years(who voluntarily become subject to the law of the Comunidadde Valencia) or ten years by default. 17
  18. 18. Division of Marital Assets upon a Divorce in AlicanteThe procedure for the division of assets upon the ending of amarriage that is classified as a sociedad de gananciales isgoverned by the Spanish Civil Code. For more information goto: Division of Assets 18
  19. 19. Child Custody in AlicanteTypically, following a divorce any children will be placed inthe custody of one of the parents – almost always theirmother. 19
  20. 20. Child Custody in AlicanteHowever, another possibility is the shared custody of childrenwhich may be defined as:‘the legal situation in which, following a separation ordivorce, both parents have legal custody of the childrenequally, in terms of the conditions and rights that areconferred in this regard.’ 20
  21. 21. Child Custody in AlicanteWhile contemplated in the legislation reforming much offamily law in Spain (Law 15/2005) the concept of jointcustody has yet to really take off in Spain.However, this may be changing with new laws beingintroduced in a number of autonomous communities in Spain 21
  22. 22. Child Custody in AlicanteThe Comunidad de Valencia, of which Alicante Province ispart, is one of the regions that has introduced changes tothe law (Law 5/2011) in order to implement a systemwhereby, in the absence of an agreement to the contrarybetween the parents, joint custody should be awarded bythe judge as a general rule. 22
  23. 23. Child Custody in AlicanteHowever, the central government has launched an appeal tothe Constitutional Court on the basis that the ValenciaRegion ought not to have the legal competency to enact lawswithin this sphere.While the matter is being determined in the ConstitutionalCourts, the concept of shared custody is applied in the localcourt. 23
  24. 24. Child Custody in ValenciaFollowing a further twist, a decision of the Spanish SupremeCourt in July 2011 has stated that shared custody‘ shouldnot be applied only as an exceptional measure‘ but rathershould be considered as the most normal.This would appear to cement the Valencia Regional Lawfurther in place by making application of shared custody amore typical outcome. 24
  25. 25. Other Important Aspects of Divorce LawIn the absence of regional laws determining suchmatters, the Civil Code governs when considering issuesrelated to divorce and separation such as inheritances andcommon liability for personal bankruptcy of one of thespouses. 25
  26. 26. Other Important Aspects of Divorce LawOther State laws also have a national reach and accordinglymay need to be taken into account in the Valencia regiondepending on the particular situation.For example, visitation rights of grandparents and alsorelevant to many is the family law applicable when a coupleare not married. 26
  27. 27. For details of the services available from localEnglish-speaking family law experts in Alicante, go to: Family Lawyers in Alicante Province 27

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