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José M.
José M., Attorney
Category: General
Satisfied Customers: 4756
Experience:  Spanish Attorney
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I am an Irish National, resident in Gran Canaria for the past

Customer Question

I am an Irish National, resident in Gran Canaria for the past three years, am legally seperated from my wife, who is resident in the family home in Ireland,having been awarded the family home in the seperation hearing, a hearing which i did not attend or contest, and am as such legally seperated, but not having any means of support as i live with my new partner in her apartment,am unable to pay the maintenance awarded to my wife by the Irish Court,but am seeking a divorce from my wife as i wish to remarry and do not see the Irish courts awarding me this divorce as i do not pay maintenance and my wife will not agree to a divorce without the arrears being paid, which i am not able to do,is it possible to obtain a divorce without having to go to Ireland but petition the Irish courts for the Divorce from Spain.
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi

Attorney3044 :

I am an spanishattorney

Attorney3044 :

I am going to answer your question now

Attorney3044 :

There are two ways to get the divorce, By agreement or judicialy contentious

Attorney3044 :

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

Attorney3044 :

If both cases you need your own attorney to manage it into court

Attorney3044 :

You do not need anything from her

Attorney3044 :

Its more expensive and slower than the divorce by agreement but its the way you have to it

Attorney3044 :

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

Attorney3044 :

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

Attorney3044 :

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

Attorney3044 :

I will be here if needed, please to rate my answer just when you were completely satisfied

Attorney3044 :

You can write in all moment to ask me whatever its not clear

Attorney3044 :

Thank you

José M., Attorney
Category: Spain Law
Satisfied Customers: 4756
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you
Expert:  José M. replied 1 year ago.
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Customer: replied 1 year ago.

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

Customer: replied 1 year ago.

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.

Expert:  José M. replied 1 year ago.

Hi 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

Thank you

Customer: replied 1 year ago.

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.

Expert:  José M. replied 1 year ago.

Hi

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

http://ukinspain.fco.gov.uk/en/about-us/other-locations/malaga-consulate/local-contacts

Best regardas, thank you

I will be here if needed

Customer: replied 1 year ago.

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, XXXXXXX XXXXXXX

Expert:  José M. replied 1 year ago.

Hi

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

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