Family law
We provide specialist advice on a wide range of family law issues, including divorce, legal separation, agreements, financial provision, the breakdown of unmarried relationships, children-related issues, forum shopping and applicable law, as well as everything related to recognition and enforcement of foreign judgments. In that context we can advise on the division of property, capital assets and child maintenance. We specialise in cases where one of the parties is resident in Spain, being familiar with the common issues of jurisdiction and enforcement that arise in this context. We are also experienced in dealing with child abduction cases.
Our services in family law include:
- Legal Separation and Divorce
- Children
- Prenuptial and Post-Nuptial Agreements
- Civil Partnership Agreements
- Pre- and Cohabitation Agreements
- Marriage contracts
- Unmarried Families and Modern Families
- Grandparents Rights
- Financial claims
- Enforceability of Foreign Orders
- Specialist Anglo-Spanish Family Law Service
- Preventive Law
- Expert Evidence
The firm has acted in cases which have set precedent in the interpretation of European law: Re JB (child abduction) (rights of custody: Spain) [2003] EWHC 2130 (Fam), [2004] 1 FLR 796, FDBFLS 5A[2136]; CHM 2[51.1]. K (Children), Court of Appeal – Family Division, May 19, 2009, [2009] EWHC 1066 (Fam), Moore V. Moore, Court of Appeal – Civil Division, April 20, 2007, [2007] EWCA Civ 361, GS v L EWDC 1759 (FAM).
Legal Separation and Divorce
We understand the sensitive and complex nature of separation and divorce, particularly, when there are international elements involved. Our firm provides legal guidance to our clients during this challenging time, and we offer a range of services tailored to meet the unique needs of each case for clients to understand the implications that come along with a legal separation or a divorce and assist you in achieving the best possible outcome. We believe in open and honest communication with our clients, and we keep you informed and involved every step of the way. We also assist in recognising your divorce abroad where necessary.
Children
We understand the delicate nature of family law cases involving children. Our experienced team is dedicated to providing expert legal guidance to help you navigate through the complexities of child-related legal matters. We are highly experienced in advising parents and grandparents and acting on their behalf in relation to all legal matters concerning children with significant portion of our work involving cases with an international element.
Agreements: Prenuptial and Post-Nuptial Agreements, Civil Partnership Agreements, Cohabitation Agreements and Marriage contracts
Agreements play a crucial role in safeguarding the rights and interests of individuals involved in diverse family relationships. Our experienced team specialises in drafting and advising on a range of legal agreements, including prenuptial and post-nuptial, civil partnership and cohabitation agreements.
We are experts in the negotiation and preparation of prenuptial and postnuptial agreements. We understand the sensitive nature of these agreements and work closely with clients to ensure that their interests are safeguarded. Whether you are considering entering into a prenuptial agreement before marriage or require legal advice on post-nuptial agreements during marriage, our team is here to provide guidance tailored to your specific circumstances.
Many couples living together also choose to enter into a cohabitation agreement. A cohabitation agreement is a legally binding document between unmarried couples who are living together and can provide clarity on relationship breakdown.
The law of England and Wales is different from Spanish civil law in this matter. We provide advice about what agreement, if any, to sign on this matter for couples of different nationalities and those who have assets in different jurisdictions.
Pre-nuptial agreements are gaining more importance in England. Indeed, pre-nuptial agreements are not legally binding on an English court, but case law has shown that they can influence its decision.
Moreover, Spanish jurisdiction has matrimonial regimes for the division of property. Therefore, a regime will apply by default or through an agreement the couple will be able to choose a specific applicable regime to their assets.
Unmarried Families and Modern Families
We acknowledge the reality that modern families take diverse forms. However, the law in this area has struggled to keep up with these changes. We are here to advise you on any legal implications that may arise.
Financial claims
Examination of couples’ financial matters on divorce or separation requires a thorough analysis and expertise. We can offer guidance on financial claims, covering a wide range of aspects, including but not limited to:
· Maintenance
· Disputed agreements
· Financial proceedings including complex financial cases and those with international elements
· Financial agreements on separation without divorce
· Part III applications
· Disputes between cohabiting couples on separation
· Dissolution of co-ownerships
Enforcement of foreign orders
The enforcement of foreign orders in family law represents a complex and intricate area. Our expertise in dealing with the enforcement of foreign orders allows us to offer comprehensive support to clients when there are international elements. With a thorough understanding of the legal aspects, we are committed to navigating this complex field and assisting our clients with the enforceability of foreign orders in the jurisdiction of Spain and England and Wales.
Anglo-Spanish Family Law service
We offer clients a specialist family law service on matters that involve Anglo-Spanish elements.
Preventive Law
Preventive law helps us get ready for life’s uncertainties, transforming anticipated stable situations into potential challenges that we can navigate. While some things may be unpredictable, we can control many changes to minimise potential harm.
Our Preventive Law services offer advice to individuals, couples and families in all stages of life. For instance, if you are planning to get married or relocate abroad there will be legal implications to consider.
Expert Evidence
Alberto Perez Cedillo has acted as expert witness in numerous litigious matters in which issues of Spanish law were involved preparing the necessary affidavit and/or report of Spanish Law and giving evidence in court.
We also assist firms in preparing affidavits and reports of Spanish Law. This type of support is valuable in cross-border matters and ensures that the other firms have access to expertise in the specific laws and regulations.
Tax advice is given in the context of family law exploring the possibilities of minimising potential tax liability by making use of the double taxation agreements in place between the UK and Spain. We often work closely with clients’ accountants or financial advisers in helping clients to reach strategic financial decisions.