Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I will get married in Spain later this year. By Spanish law,

Customer Question
I will get married in...
I will get married in Spain later this year. By Spanish law, by defect any assets (property or $$) gained prior to the wedding is considered individual. Any assets gained AFTERwards is property of the couple.
I am from California and the law is different. It´s 50/50 shared no matter when it was acquired. If I want to protect my assets in the United States that I have now as an individual,
1) is Spanish law respected as that it s where I am getting married and currently reside
2) do i need to do a prenuptial agreement in the United States before getting married in Spain
3) or can I do a similar statement in Spain and have it notarized by the US embassy (with both me and my partner signing)?
Submitted: 3 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 3 years ago
Additional information.We currently reside in Spain and plan to live here for a long time. However, this doesn´t mean that we wouldn´t move to California sometime in the future (which means I would become a California resident again)I forgot to ask if I need to do any procedure to legalize formally in the State of California my wedding in Spain - or is it automatically recognized? This is important to understand because whatever documentation I may need to do i would have to do before whenever my marriage is legally recognized in California.
Answered in 10 minutes by:
5/31/2015
Family Lawyer: Dimitry K., Esq., Attorney replied 3 years ago
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Thank you for your question. Please permit me to assist you with your concerns.
Will you be residing in Spain or in California? I ask because what governs, at least under US law, not where you marry but where you live (and consequently divorce if the marriage needs to be dissolved). Provided you live in Spain, this will not in any way be governed under US law, not even if you agree to it in writing--for this to be governed under US law you have to actually live there. In addition, California law is the same as Spanish law as far as assets are concerned based on your example. If you enter marriage with $1M US, that money is deemed 'separate' and you get that share of the money back when you divorce. Same goes for real estate--any real estate or personal property you fully own prior to marriage you keep, and if a divorce occurs, you get that property back with the other spouse potentially able to seek a marital share on the growth in value but not the asset itself. For example if you own a home assessed at $300,000 when you marry and it is worth $400,000 upon divorce, the other spouse can lay claim to half of the $100,000 increase, not the full amount of the property value.
Your marriage is automatically recognized in the US if performed in Spain.
Sincerely,
Dimitry, Esq.
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I provide family and divorce law advice to my clients in my firm.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I have a question regarding the legalities involved and the
I have a question regarding the legalities involved and the wording in an Oklahoma Antenuptial agreement drawn up by an attorney and the Recind to the Antenuptial Agreement Contract. May I attach the … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
We were married in California in 2010. In August 2017, my
We were married in California in 2010. In August 2017, my spouse informed me about the intention to file for a divorce.We spent most of 2017 n Europe.Is it possible for my spouse to file for a divorce… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
My ex wife recently acquired... My ex wife recently acquired
Hello. My ex wife recently acquired...Hello. My ex wife recently acquired passports under false declaration and subsequently applied for a Spanish visa and was granted for my two kids with her. This s… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I am from Denmark and I married my Spanish wife in Denmark
I am from Denmark and I married my Spanish wife in Denmark While we were living in Mexico. We have been living in Panama for over a year now and I want to file divorce. In which country do we file for… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I was married in a church in Spain- they said church was
I was married in a church in Spain- they said church was seen as valid there. The only written thing we did was sign the church register book. There were two witnesses who also signed the big book. I'… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
I would like to know if someone got married in Anguilla back
I would like to know if someone got married in Anguilla back in 1994, if that is a valid marriage in the US. The couple were residents of California at the time. Currently residing in AZ. I wish to se… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Prenuptial agreement question. My wife and I were getting
prenuptial agreement question. My wife and I were getting remarried again registering marriage. We were divorced before. She likes to add prenuptial agreement: She will get at least $2500 in savings e… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In 2008 my husband and i entered into a common law marriage in the state of SC. in 2009 we
In 2008 my husband and i entered into a common law marriage in the state of SC. in 2009 we moved to CA. in 2013 i received military orders to NC and my husband requested his transfer. in 2015 his tran… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Getting married in Hawaii do i need a prenup or a simple
getting married in Hawaii do i need a prenup or a simple letter between us stating that what ever is his will remain, and that what ever he will buy under is single name, is his property. Would this p… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
4,583 satisfied customers
I am a U.S. citizen who resides in Texas, wishing to marry
I am a U.S. citizen who resides in Texas, wishing to marry my fiancee who is a Spanish citizen (who currently resides in Spain). What if special documents/permissions, if any, are required from him, i… read more
Maverick
Maverick
Doctoral Degree
6,338 satisfied customers
My Partner () of 10 years is an American Citizen ( and hold
My Partner (Douglas) of 10 years is an American Citizen (I am South African and hold a Kiwi Passport). We both live in Sydney, Australia now for 3 years. We got legally married (same-sex marriage) in … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
We are about to get married in november 7th in Maryland
Hi, good morning. We are about to get married in november 7th in Maryland (Glen Burnie). Diane is Brazilian and I am spanish (Jorge). I am working here in DC (L-1) and she is studying (F-1) here too. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a foreign country is a signatory to the Hague Convention,
If a foreign country is a signatory to the Hague Convention, does it have to respect the decisions of the probate court from this country - or can it apply its local law to interpret a will? Can we di… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
, I have a question. I am an American Citizen that was
Hello, I have a question. I am an American Citizen that was married years ago in Europe and a year later was married again in the US (to the same person). I was issued marriage licenses in both weddin… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am French and my wife is Spanish. We got married under spanish
I am French and my wife is Spanish. We got married under spanish law. We are residents in Shanghai. We want to divorce. How do we do ? Regards… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hello, I am a German citizen holding a US green card residing
Hello, I am a German citizen holding a US green card residing in the State of Delaware. I am about to marry my girl-friend Chinese citizen whom I have a daughter already who is holding a German passpo… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
I live in spain and separating from my wife. She is returning
I live in spain and separating from my wife. She is returning permanently to the US with our two children. I am concerned about my rights to visit my children and even more about my rights as a father… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Married in Spain under "Asset separation", living now in florida
Married in Spain under "Asset separation", living now in florida for +4 years Spouse file divorce and claim 50% assets Wich law is valid here, the one under we married or the one of the place we live … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x