Litigation

Litigation

Our Solicitors will help and protect you in the event that you get into any Civil, Criminal, Business, Court conflict or any kind of dispute with anyone who affects your rights in any matter, using the Spanish Justice to solve it.

Every case will always get to the point of being offered between participants an amicable solution rather than continuing further with demands which will obviously take longer time and will also represent higher costs of representation. Our Firm will legally advice you at this moment and any further, unless friendly negotiations between the parties ended successfully and you instructed us paralyzing the case.

All Court procedures involve costs such as the fees of the Lawyer and the Attorney, and in case that their intervention is required, the services of Court appointed experts, Notary fees, etc. The final sentence will determine the litigation costs which shall normally be borne by the unsuccessful party, who will be obliged to bear the costs incurred by the other party.
However, in some cases, the final sentence may determine that each party will be responsible for the costs it incurred.
The unsuccessful litigant may appeal the amount of costs of the sentence. He will be given a term to pay the costs of litigation.

We will provide you with a first class service, protecting your interests and keeping you widely informed on every step of the Court proceeding. Our experienced team of solicitors will be at your disposal at any time for you.

Divorces and Separations

“Mare Nostrum Law and Tax” will handle your divorce or separation procedure; help you in reaching a settlement over finances and property as well as arrangements for children, and putting in place legally binding agreements in respect to such arrangements.

Our professionals will assist you with the process of separating what you have in common with your partner in case that you break down your relationship and the separation comes to the economic point of having to pay and receive an instalment for such breaking-up agreement.

We will assist you and advise you all costs involved such as:

1. Costs and fees for preparing the separating or divorce contracts drawn up accordingly to Spanish Civil Law;
2. Duties and taxes due and time to pay them after signing these mentioned written contracts;
3. Registration fees;
4. Costs of changing exchanged properties utility contracts or any other contracts in both names of those splitting the partnership, etc.

Legal requirements:

Which are the legal requirements to get divorced or separated in Spain? You should comply the following requirements:

• a).-You and your spouse should be Spanish residents at the time of filing for divorce.
• b).- If you are the plaintiff, being Spanish national and resident in Spain.
• c).- If you are the defendant, you should be Spanish resident and regardless of your nationality.

The petition for divorce or separation should be filed in Court.

Types of separations or divorces

There are two types of divorces:

Uncontested divorce: this means that the spouses separate or divorce by mutual agreement. Due to the recent Law modification, they only have to be married for three months; however, it is not necessary to wait for this delay when there is a proved danger for life, physical integrity, liberty, moral integrity or sexual liberty or indemnity of the petitioner. The Court procedure to get divorced by mutual agreement is quick and simple, and the petition for divorce shall be filed together with the governing convention.

Contested divorce: only one of the parties files the petition in Court. This procedure is longer and more complex. In both cases, a proposal governing convention shall be always attached to the petition. Once the divorce is granted you can remarry legally. The spouses will get immediately extinguished their initial inheritance and widow’s pension rights, as well as those obligations derived from their marriage.

Please inquire us through our “Contact us” link, link in the event that you wished a detailed breakdown of costs of your case if you need any further advice.