Family Law
Family Law requires sensitivity, procedural experience and knowledge of international legislation when couples of different nationalities are involved. Fau & Loustau Abogados has spent decades assisting families on the Coast of Almeria with divorce, separation, custody, maintenance and modification of existing measures, both by mutual consent and through contested proceedings before the courts of Vera and Almeria.
When one of the spouses is British or European, or assets are spread across several countries, we apply the Rome III Regulation to determine the law applicable to the divorce and the European Regulations on jurisdiction and recognition of judgments. This is fundamental to avoid parallel proceedings in different States and to ensure that the Spanish judgment is enforceable abroad.
Our approach always prioritises the mutual consent route where possible, as it is faster, more economical and less damaging for the family, especially where children are involved. If agreement is not viable, we defend our client's interests with firmness and procedural rigour before the competent courts.
How we help
- Mutual consent divorces and separations
- Contested divorces before the courts of Vera and Almeria
- Shared custody and contact arrangements
- Maintenance payments and compensatory allowances
- International divorces under the Rome III Regulation
- Modification of existing measures due to change of circumstances
- Pre-nuptial agreements and marital property arrangements
- Liquidation of the matrimonial property regime
- Enforcement of foreign judgments in Spain
- Family mediation and negotiation of regulatory agreements
Our process
Initial interview
We learn about the family and financial situation to assess the most appropriate strategy for your interests.
Determination of applicable law
In international cases we analyse which national law governs the divorce and its effects on assets.
Negotiation or proceedings
We seek to reach a regulatory agreement or file contested proceedings as appropriate.
Court proceedings
We represent you at hearings and procedural steps through to the final judgment.
Enforcement and follow-up
We enforce the judgment and assist with subsequent modifications if circumstances change.
Frequently asked questions
How long does a mutual consent divorce take in Almeria?
A mutual consent divorce without minor children can be processed before a notary within a few weeks. With minor children it requires court approval and is usually resolved within two to four months before the courts of Vera, depending on the court's workload.
What law applies if I married a British national and divorce in Spain?
Under the Rome III Regulation, the spouses may choose by mutual agreement the applicable law from among the law of their nationality or habitual residence. In the absence of a choice, the law of the common habitual residence applies, which is usually Spanish law if both reside in Mojacar.
Is shared custody automatic in Spain?
It is not automatic but is an increasingly common option. The judge decides based on the best interests of the child, the parents' prior relationship with the children and the practical viability of the arrangement. We advise on presenting a robust parenting plan.
Can a Spanish divorce judgment be recognised in the United Kingdom?
Yes. Following Brexit, the Brussels II bis Regulation no longer applies between Spain and the UK, but the 1970 Hague Convention and UK domestic law allow recognition of Spanish judgments through a specific procedure. We coordinate with British solicitors when necessary.
Can I modify the maintenance payments if my circumstances change?
Yes. The Civil Code allows modification of final measures when the circumstances that gave rise to the original order change substantially, such as variations in income, change of residence or new needs of the child. It is processed by filing an application to vary the existing measures.
Need help with Family Law?
Contact us for an initial consultation with no obligation.