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There are two ways to get the divorce, By agreement or judicialy contentious
As I think you are not going to get the agreement with her you have the chance to ask for the contentious divorce in the last place where you were living together or here in Spain
If both cases you need your own attorney to manage it into court
You do not need anything from her
Its more expensive and slower than the divorce by agreement but its the way you have to it
As you do not have an agrement with her, It will be the judge who will decide how to divide your joint propieties and the pension to be paid if necesary
In contested divorces, the parties are adversarial and unable to agree on the terms of divorce. Common areas of disagreement include, but are not limited to: XXXXX XXXXX divorce, custody of the children, visitation rights, division of the assets of the marriage, child support, maintenance (alimony), payment of family debts, contribution toward educational expenses (college or parochial), payment of health insurance for the dependent spouse, income tax structuring, etc. Both parties may desire a divorce, but cannot agree on important issues like, but not limited to, property distribution, debt allocation, child support, custody, and alimony. In a contested divorce, the couple seeks to let the court system decide the matters related to the divorce.
In uncontested divorces, the parties are in agreement on all matters, and the court serves to approve their divorce agreement. In some states, expedited procedures exist for uncontested divorce, sometimes referred to as a dissolution. Such a dissolution may be a faster and less expensive alternative, as the parties may file the papers without hiring an attorney
So you have to look for an attorney in Gran Canaria or in the last place where you were living togheter in order to put a contestes ( contentiuos ) divorce demand
I will be here if needed, please to rate my answer just when you were completely satisfied
You can write in all moment to ask me whatever its not clear
Hi, I had arrived at that conclusion myself but ,if possible, could you advise on the approximate cost of the contentious divorce through the Spanish Court System here in Gran Canaria when dealing with an Irish Court system in Ireland, where my ex spouse is currently residing. The family home and any assets left were awarded to her ,in my absence, by the court when the seperation was finalised.All of our children are over 18 years of age and reside with their mother. I am not able to pay any alimony at present and probably not at any time in the foreseeable future.
thanks for your help.
Best Regards, XXXXX XXXXX Johnson
P/S. IF in the future i have assets and pass away, say ten years from now, and having made a will in which i bequeath all my assets to my partner, but still am only legally seperated, can my ex wife and children contest the will and claim my assets,if any, from my partner.Can my ex wife and children lay claim to my partners assets through the Spanish courts. again thanks. michael.
The cost of the procedure here in Spain its not going to be less than 2.500 euros
Of course its possible but not cheap.
The cost will be higher if she makes problems
Of course you will have to pay alimony as the judge do not decrete you do not have to
Again thanks for your help but as i am not able to pay alimony how do you think the judge will rule should i decide to proceed with the case and can you recommend a lawyer for me, one that is familiar with such cases. IF in the future i have assets and pass away, say ten years from now, and having made a Spanish will in which i bequeath all my assets to my partner, but still am only legally seperated from my ex wife, can my ex wife and children contest the will in a Spanish court and make a claim on my assets,if any, from my partner.Can my ex wife and children lay claim to my partners assets by claiming through the Spanish courts that my partners assets are partially mine. again thanks. michael.
Not to pay, if possible, an alemony, its a criminal offence, BUT, if we do not pay, because we can not, its not
So, if she denounce us because we do not pay, our attoney will have to say, and probe, that we do not pay because we cant
In order to get an english speaking attorney in spain we will find a great help in your consulate web page
Best regardas, thank you
I will be here if needed
Hi, again thanks but i need you to answer my question regarding my assets and my partners assets and whether my exwife and children can lay claim to same if in the future i die ,and having made a spanish will leaving all i possess to my partner, but still being only legally seperated from my wife and not divorced. regards, Michael Johnson
The sucesory rights will be according your national law, not spanish law
The divorce its just the same if you manage here or in your own country
An spanish will its valid if you make a translation of it and you inscribe it in the closer consulate of your country in Spain