The Treatment of Spanish Property in Divorce Proceedings

Divorces can be complex, particularly when they involve international assets such as property located in Spain. Understanding how these are treated in English and Welsh courts is crucial for anyone going through a separation. This blog looking at the treatment of Spanish property on divorce in England and Wales explores the key aspects of handling such properties during divorce, including jurisdiction, asset classification, valuation, enforcement of orders and the necessity of specialised legal advice.

Jurisdiction and Law

Establishing jurisdiction over assets located abroad is a fundamental step in divorce proceedings. English and Welsh courts determine jurisdiction primarily based on the habitual residence of the parties involved. In cases with international assets, they may also consider the connection of the marriage to England and Wales. The application of international legal frameworks, such as the Brussels IIa Regulation, played a significant role in cases overlapping between EU countries, ensuring the courts could address property issues effectively, prior to Brexit’s implications. The courts may still hold some sway to the Brussels Regulations in terms of deciding what is equitable.

Matrimonial Assets

Determining whether a Spanish property is a matrimonial asset is vital for its division. Generally, properties acquired during the marriage, regardless of location, are considered matrimonial assets if they were used for the family or contributed to the family’s lifestyle. If the property was purchased prior to the marriage, it might be viewed as a non-matrimonial asset unless it was significantly integrated into the family setting. Understanding these distinctions helps courts decide on a fair division of assets.

Valuation and Disclosure

Accurate valuation of foreign properties is challenging but essential. Engaging international property experts who understand the Spanish property market is crucial for an accurate assessment. Full financial disclosure from both parties about the asset’s worth is mandated to ensure an equitable division. Complications can arise due to fluctuating currencies and differing property value appraisals, making detailed financial transparency even more critical.

Enforcement of Orders

Enforcing court orders involving Spanish property can pose challenges due to differences in legal systems. The UK’s withdrawal from the EU has affected the automatic recognition of judgments, complicating enforcement. Typically, the party seeking enforcement must obtain recognition of the UK judgment in Spanish courts, a process governed by Spanish national laws. Overcoming these potential obstacles often requires strategic legal planning.

Legal Advice

Navigating the complexities of international divorce cases requires expert legal assistance. We are specialists in family law with experience in handling cross-border cases (especially in Spain) and can provide invaluable guidance. In association with our network of Spanish abogados we can help in understanding jurisdictional nuances, negotiating a fair division of assets and facilitating the enforcement of orders. Consulting with both English/Welsh and Spanish legal experts can ensure that rights and interests are adequately protected.

Conclusion

Handling property in Spain during a divorce in England and Wales involves navigating various legal intricacies, from jurisdiction issues to enforcement challenges. By understanding these processes and seeking specialised legal advice, individuals can manage these complexities more effectively, ensuring a fair resolution of their marital assets. If you are facing such a situation, investing in thorough legal counsel and understanding these key concepts will be indispensable to your case.

At Alexander JLO we have decades of experience of dealing with divorce England and Wales comprising of assets overseas (especially in Spain). We have links with many legal and accountancy firms there who regularly assist us in finding solutions to jurisdictional issues when it comes to property division on divorce. Why not contact us through the button on the right or call on +44 (0) 207 537 7000 for a free, no obligation consultation and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 18th April 2025 and is correct at the time of publication. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here