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03 Apr 2007 1:24 PM:

I have read yiour reply. Unfortunately for you to rely on English law the proceedings would have to be pending in England. It would seem to be the case that as the proceedings are pending in Spain then there has been agreement that the Spanish courts would have jurisdiction. I do not know who made the decision to commence the divorce proceedings in Spain but as you are both English then one would have expected the the jurisdictional position to have been considered prior to issue and to decide where to issue i.e Spain or England and to consider domicile and not solely residence.

You may wish to seek advice from an English lawyer as to whether or not you could issue in England and apply for the proceedings pending in Spain to be stayed or dismissed. Frankly I have to say that on what you have said I have to say that I am doubtful that this would succeed in particular in view of the time that has passed since the proceedings were issued. However you may feel it is worthwhile seeking such advice.   

I am sorry if this is not particularly helpful. I can not say what the court in Spain would do if asked to transfer to another court and you would need to consider if a new Spanish lawyer could assist.

Denmor 


Thread: Looking for a good bi-lingual solicitor in Spanish Family Law.

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26 Mar 2007 10:17 PM:

If you are not happy with you lawyer in the UK and you are either taking proceedings in the UK or are intending to take proceedings then I would suggest that you seek an experieced family lawyer in the UK. I am a family lawyer and have acted for several clients who owned property in Spain jointly with their spouse and the property was dealt with in the English proceedings. The court in England has the power to make property sale/adjustment Orders in respect of property worldwide. You should concentrate on finding a good family lawyer experienced in dealing with matrimonial property. Contact the Law Society or Resolution for details of lawyers in your area. I assume that you are not taking proceedings in Spain. I do not know what proceedings, if any you have started. if you have not started proceedings by now then the only way you are going to move this on is to decide if you are going to petition for divorce or judicial separation and in those proceedings make an application for Ancillary Relief. Your UK lawyer can obtain any specialist advice as to Spanish law from an experienced Spanish lawyer and there are some in the UK that I have used. 

Hope this is of some help.

Denmor

   


Thread: Looking for a good bi-lingual solicitor in Spanish Family Law.

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