Expat Families and Spanish Law: What You Need to Know

Introduction:

As an expat family moving to Spain, understanding the local family law is crucial for a smooth transition and integration into Spanish society. Spain's legal system, based on civil law, can differ significantly from common law systems found in countries like the United States or the United Kingdom. This blog post aims to provide an overview of key aspects of Spanish family law that expats should be aware of.

Marriage and Civil Partnerships:

In Spain, both civil and religious marriages are legally recognized. To get married, you'll need to provide various documents, including birth certificates, proof of marital status, and valid passports. Foreign marriages are generally recognized in Spain, but it's advisable to register your marriage with the local Civil Registry.

Civil partnerships, known as "parejas de hecho" in Spain, are also legally recognized. These offer many of the same rights as marriage but may vary slightly depending on the autonomous region you reside in.

Divorce and Separation:

Spain allows for no-fault divorce, meaning couples can divorce without proving wrongdoing by either party. The divorce process for expats follows the same procedures as for Spanish nationals. However, you may need to prove residency in Spain for the courts to have jurisdiction.

Asset division during divorce typically follows the principle of equal distribution of assets acquired during the marriage, unless a prenuptial agreement states otherwise.

Child Custody and Support:

Spanish courts prioritize the best interests of the child in custody cases. Joint custody is increasingly common, with courts favoring arrangements that allow children to maintain strong relationships with both parents.

Child support payments are typically calculated based on the income of both parents and the needs of the child. In cases of international custody disputes, Spain is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a framework for resolving such issues.

Inheritance Law:

Spain has forced heirship rules, meaning that a portion of your estate must be left to certain heirs (typically children and spouse) regardless of your wishes. However, expats may be able to choose the law of their nationality to apply to their estate through a will.

Making a Spanish will is advisable for expats with assets in Spain. Inheritance tax in Spain can be complex and varies by region, so professional advice is recommended.

Domestic Violence Laws:

Spain has strong laws against domestic violence, including physical, psychological, and economic abuse. Victims have access to protection orders, free legal aid, and various support services. The reporting process can be initiated through the police, courts, or social services.

Cultural Differences to Be Aware Of:

Spanish family values often emphasize strong family ties and intergenerational support. This cultural context can influence legal interpretations and decisions. Additionally, the Spanish legal system may approach certain family matters differently than in your home country, such as prioritizing reconciliation in divorce proceedings.

Conclusion:

Navigating family law as an expat in Spain can be complex. While this overview provides a starting point, it's crucial to seek professional legal advice for your specific situation. Resources such as your country's embassy in Spain, local expat associations, and Spanish legal aid services can provide further information and support.

Remember, laws can change, and regional variations exist within Spain. Stay informed and don't hesitate to consult with a local family law expert to ensure you're fully aware of your rights and obligations under Spanish law.