LawTalk
Divorcing in the English courts
– De Cotta Law can provide a professional and confidential service to residents of Spain
We are often asked whether a couple can choose to divorce in England or in Spain , and where they will have the greater economic advantage . Although the UK is now outside the scope of EU legislation in both countries it can still be a question of “ first come , first served ” which means it is important to get the right advice before proceedings are commenced .
A lot has been written in the news about wealthy individuals forum shopping – that is looking for the best country to take the action . Where there is considerable wealth this is often thought to be England though where one spouse has private pensions this can be disadvantageous . We have Family law specialists who can commence or defend divorce proceedings in England and you would not have to travel to England until any hearing takes place .
It may be that jurisdictional rules prevent you from commencing the divorce in England or a petition has already been lodged in England by your spouse . A battle over jurisdiction can become very costly and a better route may be to reach a settlement which can deal with Spanish property . However , it is very important to have the English consent order correctly drafted to ensure any Spanish property transfers are not taxed .
If there is a divorce in Spain the door can remain open in
England under specific provisions which allow someone to make a financial application in England after a foreign divorce . You have to prove either residence or domicile in England and that the financial matters have not been properly dealt with . There have to be assets in England such as property , monies or pensions .
De Cotta Law can also directly instruct a Barrister in England who would be familiar with the decisions being made in the courts of England & Wales , equally in Scotland or Northern Ireland . This can be more cost effective than instructing a firm of solicitors in the UK where fees are generally higher and can rapidly rise if the matter is contentious .
As a firm we are registered with the Solicitors Regulation Authority so we can act in the English courts . If you would like an initial telephone conversation please call Lauren Sykes on + 34 951 315 161 or email on family @ decottalaw . net Alternatively you can book a consultation at our Nerja office on 952 527014 or email nerja @ decottalaw . net
SANDRA WRIGHTSON , BARRISTER , DE COTTA LAW
De Cotta Law ( De Cotta McKenna y Santafé ) Mijas-Costa / Calahonda – Coín – Nerja – Tenerife
Nerja Office : - Calle Diputación 11 , 29780 Nerja www . decottalaw . com
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