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Author: Margaret

Does regularisation in Spain automatically give you Spanish nationality? False Myth 1.

Written by Margaret on . Posted in Immigration Law.

Regularisation of foreign nationals in Spain: two false myths that should be clarified!

In recent months, we have been hearing many comments about the new immigration regulations in Spain and the different arraigo procedures. Some of these comments are correct, but others can easily cause confusion.

In Spain, we often call these mistaken ideas “bulos”, meaning false rumours or misinformation. At Bennet & Rey, as a law firm specialising in Immigration Law, we would like to clarify two of the most common ones. Today we are going to clarify one and in our next post the other one.

False myth 1: “Regularisation automatically gives you Spanish nationality”

This is not true.

Regularisation of a foreign national in Spain may allow that person to obtain a residence permit, but it does not automatically grant Spanish nationality.

They are different legal procedures.

Residence and nationality are different procedures.

When can Spanish nationality by residence be requested?

Spanish nationality by residence is regulated under Article 22 of the Spanish Civil Code and generally requires:

  1. a) 10 years of legal residence in Spain.
  2. b) 2 years of legal residence for nationals of Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or people of Sephardic origin.
  3. c) 1 year of legal residence in certain cases, for example, for those who are married to a Spanish citizen, those who were born in Spanish territory, or those who fall within other special cases provided for by law.

There are also exceptional routes, such as nationality by royal decree or other special circumstances, but the general rule is clear: regularising your immigration status does not mean obtaining Spanish nationality.

First, comes residence. Later, if the time periods laid stated and other requirements are met, an application for Spanish nationality can be considered.

In our next article, we clarify another common misconception: whether British and American citizens have fewer rights than other non-EU foreign nationals in Spain.

If you need help please let us know.

Contact us.

Email: [email protected]

or

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Buying Property in Spain: What Is the Owners’ Meeting and Why Should You Ask for the Latest Minutes?

Written by Margaret on . Posted in Buying a property in Spain, Property Law.

When buying a property in Spain, many foreign buyers focus on the price, the location, the condition of the property and the title deed. All of this is important. But there is another document that is often overlooked and can reveal very valuable information:

If the property forms part of a building, residential complex or urbanisation, the buyer is not only buying a private home. They are also becoming part of a community of owners (comunidad de propietarios). This means they may be affected by community rules, budgets, repairs, debts, disputes and future decisions.

What is the community of owners in Spain?

In Spain, buildings divided into apartments, premises, garages or individual units are usually governed by the Horizontal Property Law (Ley de Propiedad Horizontal). The law regulates the relationship between the private property of each owner and the common elements of the building or complex.

These common elements may include:

  • the roof;
  • façade;
  • lift;
  • stairs;
  • garden;
  • swimming pool;
  • parking areas;
  • communal installations;
  • structural elements;
  • shared services.

The community of owners is responsible for managing these common elements. Each owner normally pays community fees according to their participation quota.

What is the owners’ meeting?

The owners’ meeting, or junta de propietarios, is the meeting where the owners of the building or complex take decisions about the community.

Under Spanish law, the owners’ meeting has powers to approve budgets, accounts, repairs, appointments, community rules and other matters of general interest to the community. The Horizontal Property Law expressly regulates the powers of the owners’ meeting and the content of the minutes.

In practical terms, this is where the community may decide, for example:

  • to approve ordinary community expenses;
  • to approve extraordinary repairs;
  • to impose a special contribution or derrama;
  • to repair the roof, façade, lift or swimming pool;
  • to take legal action against owners or third parties;
  • to approve restrictions on tourist rentals;
  • to discuss problems with noise, leaks, debts or structural issues;
  • to appoint or replace the administrator or president.

What are the minutes of the owners’ meeting?

The minutes are the written record of what happened at the meeting. They usually include the date, attendees, agenda, discussions, agreements adopted and voting results. The Horizontal Property Law states that the agreements of the owners’ meeting must be recorded in a minutes book, and Article 19 regulates the minimum content of those minutes.

This document can be extremely useful for a buyer because it may reveal issues that are not always obvious from a viewing, an estate agent’s description or even the title deed.

Why should you ask for the latest minutes before buying?

Because the latest minutes can tell you what is really happening inside the community.

A property may look perfect, but the community minutes may show that the building has problems, that expensive works are being discussed, or that there are tensions between neighbours.

For example, the minutes may reveal:

1. Possible future special contributions

One of the most important reasons to review the latest minutes is to check whether there are planned or discussed works that may result in a “derrama”, which is an extraordinary contribution paid by owners.

This could include:

  • roof repairs;
  • façade renovation;
  • lift replacement;
  • structural works;
  • swimming pool repairs;
  • accessibility improvements;
  • legal proceedings;
  • major maintenance works.

A buyer should know this before completing the purchase. Otherwise, they may discover shortly after buying that they are expected to contribute to a significant community expense.

2. Building problems or maintenance issues

The minutes may refer to leaks, damp, cracks, façade problems, lift failures, garage defects, drainage issues or disputes with contractors.

These issues may not appear in the property description, but they can affect the value, comfort and future cost of the property.

3. Restrictions on use

In some buildings or communities, there may be discussions or rules about tourist rentals, short-term lets, business activity, pets, noise, use of terraces, air conditioning units or changes to façades.

This is especially relevant for foreign buyers who intend to rent out the property, use it as a holiday home or make alterations.

4. Debts within the community

The latest minutes may refer to owners who are not paying community fees, legal action for unpaid debts or financial pressure within the community.

Even if the seller provides a certificate confirming their own community fees are up to date, the buyer may still want to understand whether the community as a whole is financially healthy.

5. Conflicts between neighbours

Minutes can sometimes reveal disputes about noise, use of common areas, illegal works, water leaks, tourist rentals or other recurring problems.

This does not always mean the property should not be purchased, but it is information the buyer should have before committing.

6. Pending legal proceedings

The community may be involved in legal proceedings against a developer, contractor, neighbour, debtor or public authority. This may have financial or practical consequences for the owners.

Should the buyer always ask for the latest minutes?

In our view, yes, especially when buying an apartment, townhouse, property in an urbanisation, property with communal facilities, or any property subject to a community of owners.

The latest minutes are not the only document to review, but they are an important part of legal due diligence.

Ideally, a buyer should ask for:

  • the latest minutes of the owners’ meeting;
  • the community statutes, if any;
  • the internal rules, if any;
  • the certificate confirming the seller is up to date with community fees;
  • information about approved or foreseeable special contributions;
  • the latest community budget;
  • confirmation of the ordinary community fees.

What if there are no recent minutes?

If there are no recent minutes, this should also be noted. It may simply mean that the community is small or inactive, but it may also indicate poor administration.

In that case, it is advisable to ask further questions:

  • When was the last owners’ meeting held?
  • Who is the president of the community?
  • Is there a professional administrator?
  • Are there pending repairs or debts?
  • Are there any agreed but unpaid expenses?
  • Are any special contributions expected?

Why this matters for foreign buyers

Foreign buyers often rely heavily on the estate agent, the seller or a general impression of the property. However, in Spain, the community of owners can have a direct impact on the buyer’s future costs, rights and use of the property.

A careful review of the latest minutes can help identify risks before signing the purchase contract or completing before notary.

It may also allow the buyer to renegotiate, request further documentation or make an informed decision before committing.

Conclusion

When buying property in Spain, legal due diligence should not stop at the title deed and the land registry search.

The latest minutes of the owners’ meeting can reveal essential information about the building, future expenses, community decisions, disputes and potential risks.

At Bennet & Rey, we assist international buyers with the legal review of property purchases in Spain, helping them understand not only what they are buying, but also the obligations and risks that may come with it.

If you are buying property in Spain and would like legal assistance before signing, we would be pleased to help.

Send us an email: [email protected]

Click here and book a meeting with a lawyer

I Have Been Summoned to a Divorce Hearing in Spain but Live Abroad: What Happens If I Do Not Attend?

Written by Margaret on . Posted in International Divorce.

Living outside Spain and receiving a court summons for a divorce hearing in Spain can be very worrying.

Many people ask whether they really have to travel, whether they can take part from their own country, whether it is enough for their lawyer to attend, and what may happen if they do not appear.

The concern is understandable. Travelling to Spain involves flight costs, accommodation, time off work, family organisation and, in many cases, considerable emotional stress.

However, before deciding not to attend, it is important to understand one key point: failing to attend divorce proceedings in Spain may have important procedural and strategic consequences.

1. Not all divorce proceedings are the same

The answer depends very much on the type of proceedings.

It is not the same if the case involves:

  • divorce by mutual agreement;
  • contentious divorce;
  • a hearing for provisional measures;
  • modification of existing measures;
  • or a hearing where personal evidence or questioning is expected.

In a divorce by mutual agreement, the parties will usually need to ratify the settlement agreement. In contentious divorce proceedings, however, there may be a court hearing where important issues are discussed, such as custody, child maintenance, use of the family home, compensatory pension or financial measures.

Therefore, the first question should not only be:

“Am I legally required to attend?”

But also:

“Could my position be harmed if I do not attend?” Be aware that in this case the court  considers admitted the facts alleged by the party who did attend, particularly in relation to financial or patrimony measures. 

2. “I do not want to go”: understandable, but risky without legal advice

It is completely understandable that someone living in another country may not want to travel to Spain for a court hearing.

There may be many reasons:

  • financial cost;
  • time off work;
  • childcare or caring responsibilities;
  • distance;
  • fear of the court process;
  • difficulty organising the trip;
  • or simply not wanting to return to Spain because the situation is emotionally difficult.

But there is a difference between not wanting to travel and ignoring a court summons.

If you have been summoned to a divorce hearing in Spain, you should speak to your lawyer immediately. Failing to attend without explanation, without requesting an alternative and without preparing the strategy may seriously weaken your position.

3. What can happen if I do not attend the divorce hearing?

Not attending does not usually stop the proceedings.

On the contrary, in many cases the hearing may continue without you, and the court may decide the case based on the documents and evidence available.

Your absence may have consequences such as:

  • losing the opportunity to explain your version personally;
  • not being able to directly challenge what the other party says;
  • not being able to answer questions about important facts;
  • weakening your position regarding custody, maintenance, housing or financial measures;
  • allowing the proceedings to move forward without your active participation;
  • or creating an unfavourable procedural impression if your personal attendance was required.

In short: not attending does not mean the proceedings disappear.

4. Can my absence be treated as agreement with what the other party says?

In certain cases, your absence may have that practical effect.

In contentious separation or divorce proceedings, the parties are expected to attend the hearing personally. Spanish procedural law provides that unjustified failure to attend may, in certain circumstances, allow the court to consider admitted the facts alleged by the party who did attend, particularly in relation to financial or patrimonial measures.

In addition, if a party has been summoned for questioning and does not attend, the court may, in certain cases, treat as admitted those facts in which that party was personally involved and which may be harmful to their position.

In simple terms: if you do not attend, you may lose a very important opportunity to defend yourself.

This does not mean that the judge will automatically accept everything the other party says, especially where children are involved and the court must consider their best interests. But it does mean that your absence may seriously weaken your position, particularly in relation to financial issues, property, use of the family home, maintenance, payments, expenses or relevant personal facts.

5. Can only my lawyer attend on my behalf?

In many civil proceedings, the parties act through a court representative and are defended by a lawyer. This means that, in certain procedural steps, your lawyer may technically represent your legal position.

However, in family proceedings, the personal presence of the party may be very important.

Why?

Because the court often needs to assess facts that are not purely legal:

  • who takes care of the children;
  • how contact arrangements are organised;
  • what income each parent has;
  • who pays certain expenses;
  • what the family dynamic has been;
  • what real availability each parent has;
  • what has happened with the family home;
  • or whether certain obligations have been complied with.

Your lawyer can defend you legally, but they cannot always replace your personal explanation if the court needs to hear from you directly.

6. Can I give evidence by video conference from another country?

In many cases, it may be possible to request participation by video conference, especially where a person lives outside Spain and travelling would be difficult or costly.

However, it is important to understand that it is not enough simply to say: “I want to connect by Zoom.”

The request must be made properly, in advance and with reasons: residence abroad, cost of travel, work commitments, illness, childcare responsibilities or other relevant circumstances. And many times is not admitted by Court.

The court will decide whether to allow that form of participation.

Therefore, if you live outside Spain, the strategy should not simply be to “not attend”. The correct approach is to assess whether it is appropriate to request permission to attend by video conference or to seek another suitable procedural solution.

7. What should you do if you receive a court summons abroad?

If you live outside Spain and receive a summons for a divorce hearing, do not leave it until the last minute.

The recommended steps are:

  1. Send the summons immediately to your lawyer.
  2. Confirm what type of proceedings you are involved in.
  3. Check whether your personal attendance is required.
  4. Assess whether video conference attendance can be requested.
  5. Prepare the documents and legal strategy.
  6. Do not ignore the summons simply because you live abroad.

Distance does not make the proceedings disappear. It simply means they must be organised more carefully.

8. So, do I have to travel to Spain?

Not always.

In some cases, video conference attendance may be requested, or your lawyer may be able to act without you travelling. In other cases, it may be highly advisable for you to attend personally, especially if your evidence is important or if the case involves children, maintenance, housing or property issues.

The decision must be taken case by case, after reviewing:

  • the court summons;
  • the type of proceedings;
  • whether you have been personally summoned;
  • whether your questioning has been requested;
  • the evidence expected at the hearing;
  • and the real risk of not appearing.

Conclusion

If you live outside Spain and have been summoned to a divorce hearing, do not decide not to attend without legal advice.

There may be alternatives, such as requesting participation by video conference, but these must be prepared correctly and in good time.

Failure to appear may cause you to lose an important opportunity to defend your version of events and, in some cases, may have procedural consequences regarding the facts alleged by the other party.

At Bennet & Rey, we advise international clients in divorce and family proceedings in Spain, especially where one of the parties lives abroad and needs to understand their options without taking unnecessary risks.

Before deciding not to travel, it is important to know exactly what is at stake.

If you live outside Spain and have been summoned to a divorce hearing in Spain, we can help you assess whether you need to attend, whether video conference attendance can be requested, and how to protect your position before the Spanish court.

Contact Bennet & Rey for legal advice in English or Spanish.

Send us an email: [email protected]

Or you can book a consultation with a lawyer, please click here.

Divorce in Spain: Can I Divorce in Spain If I Live Abroad?

Written by Margaret on . Posted in Divorce in Spain, Family Law, International Divorce.

International couples often ask us the same question:

“Can I divorce in Spain if I no longer live there?”

The answer is: possibly, yes — but it depends on your circumstances.

In many cases, a divorce in Spain may be possible even if one or both spouses live abroad. However, before starting the process, it is essential to check whether the Spanish courts have jurisdiction, which law may apply, whether there are children or assets involved, and whether the divorce can be handled by mutual agreement.

At Bennet & Rey, we advise international clients in English and Spanish on divorce and family law matters in Spain.

When Can You Divorce in Spain If You Live Abroad?

Whether you can divorce in Spain depends mainly on the connection between your marriage and Spain.

Spanish courts may have jurisdiction in certain cases, for example where:

  • one or both spouses are habitually resident in Spain;
  • the spouses had their last habitual residence in Spain and one of them still lives there;
  • the respondent lives in Spain;
  • one of the spouses is Spanish, depending on the circumstances;
  • there are children living in Spain;
  • there are relevant family or legal connections with Spain.

In international divorce cases, jurisdiction must be analysed carefully before filing the divorce petition. This is especially important when spouses live in different countries or have different nationalities.

Can the Divorce Be Managed Remotely?

In many cases, yes.

If you live abroad, much of the process can often be handled remotely with the assistance of a Spanish lawyer. Communication can usually take place by email, video call and secure document exchange.

Depending on the case, you may be able to:

  • receive legal advice remotely;
  • send documentation from abroad;
  • sign certain documents before a notary or at a Spanish consulate;
  • grant a Power of Attorney to your lawyer or court representative;
  • avoid unnecessary travel to Spain.

However, the exact requirements will depend on the court, the type of divorce and the documents needed.

But at least once, you will need to come to Spain.

Mutual Agreement Divorce from Abroad

A mutual agreement divorce is usually the most efficient option when both spouses agree on the main terms.

This may include agreement on:

  • divorce itself;
  • child custody and parental responsibility;
  • child maintenance;
  • use of the family home;
  • spousal maintenance, if applicable;
  • division or liquidation of assets;
  • practical arrangements for children living in different countries.

In Spain, a mutual agreement divorce normally requires a settlement agreement, known as a convenio regulador. This document sets out the terms agreed by both spouses and is submitted to the court for approval.

If children are involved, the Spanish court and the public prosecutor will review whether the agreement protects the children’s interests. So you will need to come to Spain at least once.

Contested Divorce When You Live Abroad

If there is no agreement, the divorce may become contested.

A contested divorce is usually more complex, especially when one spouse lives abroad or when there are international elements such as:

  • children living in another country;
  • relocation disputes;
  • international custody arrangements;
  • assets in Spain and abroad;
  • disagreement about maintenance;
  • difficulty serving court documents on the other spouse.

In these cases, early legal advice is particularly important.

In a contesed divorce you will need to come for the Hearing. The first strategic question is often not simply “Can I divorce?”, but:

Where is the best place to start the divorce proceedings?

Starting proceedings in the wrong country can create delays, additional costs and jurisdictional problems.

What Documents May Be Needed?

The documents required will depend on your case, but commonly include:

  • marriage certificate;
  • birth certificates of children, if applicable;
  • proof of residence;
  • passports or identity documents;
  • NIE, if available;
  • documents relating to income, assets or property;
  • previous agreements between the spouses;
  • evidence of children’s schooling or residence, where relevant.

If documents are issued outside Spain, they may need to be legalised or apostilled and translated by a sworn translator.

This is one of the reasons why international divorce should be prepared carefully from the beginning.

Do I Need to Travel to Spain?

Not always.

In many cases, international clients can avoid travelling to Spain by giving proper authorisation to their Spanish legal representatives. However, this must be assessed case by case.

You may still need to travel or make arrangements for formal signatures if:

  • the court requires personal ratification;
  • the documents have not been properly prepared;
  • there are urgent issues;
  • there is a hearing;
  • the divorce is contested;
  • child-related matters require closer judicial assessment.

A good legal strategy should clarify this at the beginning, so that you know what to expect before starting the process.

Why Legal Advice Matters in International Divorce

International divorce is not only about ending a marriage.

It may also affect:

  • where your children live;
  • how parental responsibility is exercised;
  • how travel and contact arrangements work;
  • whether maintenance is payable;
  • how Spanish property is dealt with;
  • whether foreign judgments must be recognised;
  • how the divorce will be registered or used in another country.

This is why international divorce requires both technical legal knowledge and a practical understanding of cross-border family situations.

How Bennet & Rey Can Help

At Bennet & Rey, we assist international clients with divorce and family law matters in Spain.

We can help you:

  • assess whether you can divorce in Spain;
  • review the international jurisdiction issues;
  • advise you on mutual agreement or contested divorce;
  • prepare or review the settlement agreement;
  • coordinate documentation from abroad;
  • assist with Power of Attorney and formal signatures;
  • advise on children, maintenance and property issues;
  • communicate with you clearly in English and Spanish.

Our aim is to make the process clear, strategic and legally secure, especially when you are dealing with a Spanish divorce while living abroad.

Thinking About Divorce in Spain While Living Abroad?

If you live outside Spain and are considering divorce proceedings in Spain, it is important to obtain legal advice before taking action.

The first step is to understand whether Spain is the right jurisdiction and what practical steps are needed.

Contact Bennet & Rey to discuss your international divorce in Spain.

We will help you understand your options and guide you through the process with clarity and discretion.

You can send us an email to: [email protected]

or book an appointment, clicking here

Do I Need to Travel to Spain to Buy or Sell a Property?

Written by Margaret on . Posted in Sin categorizar.

Buying or selling a property in Spain can feel complicated when you live abroad. Many international clients ask us the same question at the very beginning of the process:

“Do I need to travel to Spain to complete the transaction?”

The short answer is: not necessarily.

In many cases, foreign buyers and sellers can complete a Spanish property transaction without travelling to Spain, provided that the process is correctly organised in advance and the right legal documentation is in place.

At Bennet & Rey, we regularly assist international clients who buy or sell property in Spain while living in the UK, the United States, Europe or elsewhere.

Buying Property in Spain Without Travelling

If you are buying a property in Spain, you may not need to be physically present for every stage of the transaction.

A Spanish lawyer can assist you with:

  • reviewing the reservation agreement;

  • negotiating the deposit contract, known as the contrato de arras;

  • carrying out legal due diligence;

  • checking Land Registry information;

  • reviewing charges, mortgages, debts or restrictions;

  • checking community of owners documentation;

  • coordinating with the estate agent, seller, notary and bank;

  • preparing the transaction for completion;

  • attending the notarial signing on your behalf if you have granted a valid power of attorney.

The key document that makes this possible is usually a Power of Attorney.

What Is a Power of Attorney?

A Power of Attorney allows you to appoint someone you trust — often your lawyer — to act on your behalf in Spain.

For a property transaction, this may include signing contracts, appearing before the notary, dealing with administrative matters, obtaining or using your NIE number, coordinating tax payments and completing the purchase or sale.

Spanish notarial guidance confirms that powers of attorney are used precisely to allow another person to act on your behalf in legal acts such as a property transaction. If the power of attorney is granted abroad, it will often need to be properly notarised, apostilled and, where necessary, translated so that it can be accepted in Spain. The Spanish Notarial Council explains that the Hague Apostille is used to recognise public documents between countries that are parties to the Hague Convention.

Selling Property in Spain Without Travelling

The same principle may apply if you are selling a property in Spain.

Many non-resident sellers do not wish to fly to Spain simply to sign the final deed of sale. With a properly drafted power of attorney, your lawyer may be able to represent you before the notary and coordinate the sale on your behalf.

However, selling remotely requires careful preparation. Before completion, the seller will usually need to organise documentation such as:

  • title deed;
  • latest IBI/property tax receipt;
  • community of owners certificate;
  • energy performance certificate;
  • proof of mortgage cancellation, if applicable;
  • NIE and identification documents;
  • details of bank accounts and payment arrangements;
  • tax representation, where required.

It is especially important for non-resident sellers to receive tax advice in advance, as there may be withholding tax, capital gains tax and local tax implications.

Does the Notary Protect Me?

The notary plays an essential role in Spanish property transactions. The notary checks identity, capacity, powers of attorney, title, charges, community documentation, IBI, energy certificate and payment methods, among other matters.

However, the notary is neutral. The notary does not negotiate the commercial terms for you, does not act as your personal lawyer and does not protect only your interests.

That is why foreign buyers and sellers should obtain independent legal advice before signing any binding document or transferring funds.

When Might You Still Need to Travel?

Although many transactions can be completed remotely, there are situations where travelling to Spain may still be useful or required.

For example:

  • if your bank requires in-person identification;
  • if you are applying for a mortgage and the lender has specific signing requirements;
  • if the power of attorney has not been prepared correctly;
  • if urgent documents need to be signed and there is no time to legalise them abroad;
  • if there are complex negotiations or practical issues with the property;
  • if you simply prefer to inspect the property personally before completion.

The safest answer is therefore not “you never need to travel”, but rather:

In many cases, you do not need to travel, provided the legal structure is prepared properly in advance.

Why Proper Legal Preparation Matters

Remote property transactions can be very convenient, but they also require discipline.

Before you sign anything or pay a deposit, you should know:

  • who owns the property;
  • whether there are mortgages, charges or debts;
  • whether the property is correctly registered;
  • whether the seller has authority to sell;
  • whether there are community debts or pending works;
  • whether there are planning, licensing or occupancy issues;
  • whether the deposit is refundable in specific circumstances;
  • what taxes and costs will apply;
  • whether you have all the documentation needed to complete.

A remote transaction is only safe if the legal checks are done before you commit.

How Bennet & Rey Can Help

At Bennet & Rey, we assist international clients with the full legal process of buying or selling property in Spain.

We can help you:

  • understand whether you need to travel or can complete remotely;
  • prepare or review a Power of Attorney;
  • coordinate with the notary;
  • review the reservation agreement and deposit contract;
  • carry out legal due diligence;
  • advise on documentation and practical steps;
  • liaise with estate agents, banks and other parties;
  • guide you through completion in English and Spanish.

Our aim is simple: to make the process clear, safe and legally controlled, especially when you are dealing with a Spanish property transaction from abroad.

Thinking of Buying or Selling Property in Spain?

If you are based outside Spain and want to buy or sell a Spanish property, early legal advice can save time, stress and unnecessary travel.

Contact Bennet & Rey to discuss your property transaction in Spain.

We will help you understand whether you need to travel, what documents you need, and how to structure the transaction safely from the beginning.

Please send us an email to: [email protected] or

Book your consultation here

Can You Lose Your Deposit When Buying Property in Spain?

Written by Margaret on . Posted in Sin categorizar.

Buying property in Spain is exciting — but many buyers do not realise how much financial risk can exist before the final purchase is completed.

One of the most common questions we receive from international buyers is:

“If I pay a deposit, can I lose it?”

In many cases, the answer is: Yes.

But everything depends on:

  • the type of contract signed,
  • the wording of the clauses,
  • and whether legal protection was included before paying.

 

What is an “arras contract” in Spain?

In Spain, property purchases usually begin with an arras contract, article 1454 of the Spanish Civil Code.

This is a private agreement where the buyer pays a deposit to reserve the property before completion at the notary.

The most common type is:

Arras penitenciales

Under Spanish law:

  • If the buyer withdraws → the deposit may be lost

  • If the seller withdraws → the seller may have to return double the deposit

Many buyers are surprised to discover this after signing.

When can buyers lose their deposit?

This can happen if:

  • financing is refused,
  • deadlines are missed,
  • the buyer changes their mind,
  • or the contract does not include protective clauses.

This is why signing without legal advice can become extremely expensive.

Mistakes buyers often make

We frequently see buyers who:

❌ sign contracts too quickly
❌ assume deposits are always refundable
❌ rely only on the estate agent
❌ do not review penalties or financing clauses

Unfortunately, problems usually appear when it is already too late.

How to protect yourself

Before paying any deposit, you should:

✔ have the contract reviewed by an independent lawyer
✔ check financing protection clauses
✔ verify the legal status of the property
✔ understand exactly what happens if the transaction fails

A small legal review before signing can save thousands of euros later.

What if you have already signed?

Do not panic — but act quickly.

In some situations, the deposit may still be recoverable depending on:

  • the wording of the contract,
  • breaches by the seller,
  • or legal defects affecting the property.

Every case is different.

Speak to a property lawyer before making a decision

At Bennet & Rey, we advise international buyers purchasing property in Spain.

We provide clear, strategic and practical legal advice before and after signing.

Book a consultation

Receive personalised legal advice regarding your purchase, deposit agreement or property transaction.

📩 [email protected]
📍 Madrid, Spain

How to Protect Your Child During Divorce in Spain

Written by Margaret on . Posted in Sin categorizar.

“How to Make Your Child Miserable.” That was the title of a notice displayed at a Madrid Family Court. Harsh. Direct.

A Harsh Warning from a Madrid Family Court

Uncomfortable. And painfully true.

And it continued:

1. Never agree with your ex on anything.

2. Do everything you can behind your ex’s back and do not inform them of anything.

3. Speak badly to your child about the other parent and their entire family.

4. Teach your child to lie.

5. Threaten, blackmail or manipulate your child.

6. Do not comply with the visitation arrangements or with any court order.

7. Involve your child in all your problems with your ex.

8. If your child, aged 8 or 9, asks for a mobile phone, buy it immediately — and do the same with everything else.

9.Do not set any boundaries for your child.

10.Always take your child’s side in any conflict with the other parent.

 

But the most shocking thing is not the title.

Common Mistakes Parents Make During Divorce

It is that many of these behaviours happen every day in separations and divorces.

Not because parents want to harm their children, but because they are angry, hurt or overwhelmed.

And this is exactly where decisions truly matter.

If you are going through a difficult situation with your ex, there is something important to remember:

do not improvise
do not act purely from emotion

A poor decision today can have consequences for years.

Speak to an English-Speaking Family Lawyer in Madrid

If you are going through a difficult separation or divorce involving children, do not make decisions in the heat of the moment. Tell us briefly about your situation and we will guide you with clarity and discretion.

Tell us briefly about your situation and we will guide you. You can contact me directly at: [email protected]

 

 

Magna Carta Awards 2026 has been a success: Building Bridges Between the UK and Spain

Written by Margaret on . Posted in Sin categorizar.

The Magna Carta Awards 2026, held on April 22nd at the Banco Sabadell Auditorium in Madrid, brought together leading individuals, institutions and businesses who are strengthening the relationship between the United Kingdom and Spain.

Organised by Bennet & Rey Lawyers, the event reflects a core belief:
that meaningful progress happens when people and organisations build bridges across countries, cultures and legal systems.

More than an awards ceremony, the event was a meeting point between international vision, professional excellence and human connection.

Honouring Excellence Across Borders

We had the honour of recognising:

  • The British Embassy in Spain, represented by His Excellency Sir Alex Ellis – Social Commitment Award

  • The Secret Kingdoms, founded by David Price and Beatriz Fernández – Business Award

  • Kimberly Tell, for her role in the TV series ENA (RTVE) – Culture Award

  • Ignacio Peyró – National Journalism Award

  • Michael Reid – International Journalism Award

  • Nieves Barragán Mohacho – Gastronomy Award

  • Cudeca Foundation, in recognition of the legacy of Joan Hunt – Peter Hauschild Resilience Award

Each award winner represents the ability to connect people, ideas and countries in a meaningful and lasting way.

A Shared Vision

The Magna Carta Awards are inspired by the historic principles of the Magna Carta — a legal foundation based on rights, dialogue and respect.

These same principles guide our daily work at Bennet & Rey.

As international lawyers based in Madrid, we assist clients in navigating complex cross-border legal matters, including:

  • International family law and divorce
  • Real estate transactions in Spain
  • Cross-border inheritance and estate planning
  • Immigration and residency matters

Legal Support for International Clients in Spain

If you are dealing with a legal matter in Spain and require clarity, strategy and peace of mind, our team provides tailored advice with a strong international perspective.

📩 Contact us today to discuss your situation.

Meet our 2026 Magna Carta Award winners

Written by Margaret on . Posted in Sin categorizar.

Tomorrow is not just about an event.

On 22 April at 12:00, in Madrid, we celebrate the Magna Carta Awards 2026, organised by Bennet & Rey, at the Auditorio del Banco Sabadell.

This event brings together individuals and institutions who actively contribute to strengthening the relationship between the United Kingdom and Spain — across business, culture, journalism, gastronomy and social commitment.

Magna Carta Awards 2026 in Madrid

This year’s award winners are:

✔️ Social Commitment Award – British Embassy Madrid, represented by His Excellency Sir Alex Ellis

✔️ Business Award – Secret Kingdoms Bookstore

✔️ Culture Award – Ms. Kimberly Tell, ENA (Queen Victoria Eugenia) – Radiotelevisión Española

✔️ National Journalism Award – Mr.  Ignacio Peyró

✔️ International Journalism Award – Mr. Michael Reid

✔️ Gastronomy Award – Ms. Nieves Barragán Mohacho

✔️ Peter Hauschild Resilience Award – Fundación Cudeca

Celebrating UK–Spain collaboration and excellence

At Bennet & Rey, it is a privilege to recognise professionals and organisations who embody the values that define both the Magna Carta Awards and our firm:
collaboration, integrity, commitment, excellence and respect.

These awards are not only about recognition — they are about connection.

They reflect a shared space where cultures, legal systems and professional worlds meet.

Bennet & Rey – International legal practice in Madrid

As an international law firm based in Madrid, we work daily with clients whose lives, families and investments move between jurisdictions — particularly between the United Kingdom and Spain.

Events like the Magna Carta Awards represent that reality:
a world that is international, complex, and full of opportunity.

We feel truly honoured to organise these awards.

Can my ex stop me from seeing my child in Spain?

Written by Margaret on . Posted in Sin categorizar.

After a separation or divorce, one of the most distressing situations is when one parent prevents the other from seeing their child.

Can they legally do that in Spain?

In most cases, no.

Your right to see your child

In Spain, both parents usually retain parental responsibility (patria potestad).

This means:

✔ Both parents have rights
✔ Both parents have responsibilities
✔ Contact with both parents is considered beneficial and neccesary for the child

As a general rule, one parent cannot unilaterally stop contact.

When can contact be restricted?

There are limited situations where contact may be restricted:

  • If there is a court order limiting or suspending visits
  • If there are serious concerns about the child’s safety
  • In cases involving violence or risk

These decisions must be made by a court, not by one parent alone.

What if your ex is blocking contact?

If your ex is preventing you from seeing your child:

This may be a breach of a court order (if one exists)

You may be able to:

  • Request enforcement through the court
  • Take urgent legal action
  • Ask for a modification of measures

Courts in Spain take this very seriously.

Why acting quickly matters

Delays can make your situation worse.

The longer the lack of contact continues, the harder it may become to restore normal arrangements.

How we can help

At Bennet & Rey, we assist international clients in complex child custody matters in Spain.

We provide:

✔ Clear legal advice
✔ Strategic solutions
✔ Fast action when needed

Speak to a lawyer

Avoid costly mistakes and protect your rights as a parent.

Book a consultation here:
https://calendly.com/margaret-bennetrey/first-contact

📩 [email protected]

I paid a deposit for a property in Spain, can I lose it?

Written by Margaret on . Posted in Sin categorizar.

Buying property in Spain is an exciting step — but it also involves legal risks that many international buyers underestimate.

One of the most common questions we receive is:

“If I pay a deposit, can I lose it?”

The short answer is:
Yes — but it depends on the type of contract you signed.

And this is where things often go wrong.

What type of deposit did you sign?

In Spain, most property purchases involve an “arras contract” (deposit agreement).

There are different types, but the most common is:

Arras penitenciales

This type of contract allows both parties to withdraw — but with consequences:

  • If you (the buyer) withdraw → ❌ you lose the deposit
  • If the seller withdraws → ✅ they must return double the deposit

 This is perfectly legal under Spanish law.

When do buyers lose their deposit?

You may lose your deposit if:

  • You decide not to proceed with the purchase
  • You cannot obtain financing (unless specifically protected in the contract)
  • You change your mind
  • You miss agreed deadlines

Many buyers assume they can “walk away” — but legally, that can be very costly.

Critical mistake we often see

Many buyers:

❌ Sign deposit contracts without legal advice
❌ Assume all deposits are refundable
❌ Don’t understand the clauses

This is where problems begin

How to protect yourself before paying a deposit

Before signing or paying anything, you should:

✔ Have the contract reviewed by a lawyer
✔ Check for financing clauses
✔ Confirm legal status of the property
✔ Understand deadlines and penalties

 A small legal review can save you thousands of euros

What if you have already paid the deposit?

If you have already signed:

Don’t panic — but don’t wait either

Your options will depend on:

  • The exact wording of the contract
  • Whether the seller has complied
  • Whether there are legal defects

In some cases, the deposit can still be recovered.

Speak to a lawyer before making a decision

Every situation is different.

If you are unsure whether you could lose your deposit — or want to protect your position — it is essential to act early.

Book a consultation and receive clear, practical legal advice tailored to your case.

Book a consultation with a lawyer here (60 minutes-124 €)

 

What happens if a child is taken out of Spain without the other parent’s consent?

Written by Margaret on . Posted in Sin categorizar.

Taking a child out of Spain without the consent of the other parent is one of the most serious situations that can arise after a separation or divorce.

It is not only a family conflict — it can have important legal consequences under Spanish law and international regulations.

Is it legal to take a child abroad without consent?

In most cases, no.

If both parents share parental responsibility (patria potestad), one parent cannot unilaterally decide to take the child out of Spain without the express consent of the other parent or a court authorisation.

Doing so may be considered parental child abduction, even if the intention was not harmful.

What are the legal consequences?

The consequences can be serious:

  • The other parent can initiate urgent legal proceedings in Spain
  • The court may order the immediate return of the child
  • International mechanisms (such as the Hague Convention) may apply
  • In some cases, it could lead to criminal consequences

What if the child is taken to another country?

If the child is taken abroad, the situation becomes more complex.

Spain is part of international agreements that allow parents to request the return of a child taken to another country without consent.

However, time is critical. Acting quickly significantly increases the chances of resolving the situation.

What can you do if this happens?

If you are facing this situation, you should:

  • Seek legal advice immediately
  • Avoid informal arrangements that may weaken your position
  • Take urgent legal action if necessary

Each case is different, especially in international families.

How we can help

At Bennet & Rey, we advise international clients facing complex child custody situations in Spain.

We provide clear, strategic and discreet legal advice to protect your rights and your child’s best interests.

What can you do if this happens?

If you are facing this situation, you should:

  • Seek legal advice immediately
  • Avoid informal arrangements that may weaken your position
  • Take urgent legal action if necessary

Each case is different, especially in international families.

How we can help

At Bennet & Rey, we advise international clients facing complex child custody situations in Spain.

We provide clear, strategic and discreet legal advice to protect your rights and your child’s best interests.

Contact us!

Speak directly with a lawyer and get clear guidance on your situation.

Book your consultation here:

https://calendly.com/margaret-bennetrey/first-contact

Or email us at: [email protected]

Buying Property in Spain During Holidays: Legal Checklist for Foreign Buyers

Written by Margaret on . Posted in Sin categorizar.

Buying Property in Spain During Holidays: What Foreign Buyers Need to Know

Many international buyers visit Spain during holidays such as Easter and quickly fall in love with the idea of owning a property here.

The lifestyle, the weather, the culture — everything feels right.

However, what many buyers do not realise is that the legal process continues at the same pace, regardless of the holiday period. And decisions made during this time are often rushed.

Before committing to a property in Spain, it is essential to carry out proper legal checks.

Key legal steps to consider:

  1. Due diligence

    Ensure that the property is free of debts, charges or legal issues.

  2. Ownership verification

    Confirm that the seller has full legal authority to sell the property.

  3. Contract review

    Do not rely solely on the estate agent. Contracts should be reviewed independently.

  4. Tax implications

    Understand all taxes involved, both during the purchase and afterwards.

    Legal advice for buying a property safely

Buying property in Spain can be a wonderful decision — but only if it is done correctly from a legal perspective.

Taking a step back and seeking proper legal advice before signing any document can make all the difference.

If you are considering buying property in Spain, we would be happy to guide you through the process safely and efficiently.

Contact us and buy with confidence. You can book an appointment at: https://calendly.com/margaret-bennetrey/first-contact

Can I Lose Custody of My Child in Spain? Legal Guide for International Parents

Written by Margaret on . Posted in Sin categorizar.

Introduction

One of the biggest fears parents have during a divorce is losing custody of their child.

For international families living in Spain, this concern can feel even more overwhelming due to unfamiliar legal systems and cross-border issues.

Understanding how child custody works in Spain is essential to protect both your rights and your child’s wellbeing.

At Bennet & Rey Lawyers, we regularly advise international parents navigating custody disputes in Spain, providing clear and practical legal guidance.

Can You Lose Custody of Your Child in Spain?

Under Spanish law, custody decisions are always based on the best interests of the child.

This means that losing custody is not about punishment — it depends on whether a parent is considered able to provide a stable and appropriate environment.

In many cases, not all, Spanish courts favour shared custody (custodia compartida), provided it is in the child’s best interest. If a parent lives abroad, Spanish courts favur sole custody (custodia exclusiva) for one parent.

Whether one parent has sole custody or not, both parents will have parental rights. These rights will only be eliminated in very exceptional cases.

When Can a Parent Lose Custody?

A parent may lose custody (or not be granted custody) in situations such as:

  • Lack of involvement in the child’s life
  • Serious conflict between parents affecting the child
  • Instability in housing or lifestyle
  • Substance abuse issues
  • Situations of neglect or abuse

Each case is assessed individually, and the court carefully evaluates the overall circumstances.

How Spanish Courts Decide Custody

Spanish courts consider multiple factors when deciding custody:

  • The relationship between the child and each parent
  • The child’s routine and stability
  • School and social environment
  • Each parent’s ability to cooperate
  • The child’s age and needs

The goal is always to ensure the child’s emotional and physical wellbeing.

Custody for International Families in Spain

International families may face additional challenges, including:

  • Parents living in different countries
  • Relocation requests abroad
  • Different nationalities and legal systems
  • Application of international conventions

These factors can make custody decisions more complex and require specialised legal advice.

What Happens if One Parent Takes the Child Abroad?

If one parent takes a child out of Spain without consent:

  • It may be considered international child abduction
  • A report can be filed with the police
  • Authorities may activate international alerts (including Interpol cooperation)
  • Legal proceedings may begin under the Hague Convention

These cases are urgent and require immediate legal action.

How to Protect Your Custody Rights

If you are concerned about custody, it is important to:

  • Seek legal advice early
  • Maintain involvement in your child’s life
  • Keep stability and routine
  • Avoid unilateral decisions (especially international travel)

Early legal strategy can make a significant difference in the outcome.

Why You Need a Family Lawyer in Spain

Custody cases are not only legal — they are deeply personal.

At Bennet & Rey Lawyers, we assist international clients with:

  • Child custody disputes
  • International family law cases
  • Relocation and cross-border issues
  • Divorce involving children

We provide clear, practical advice focused on protecting both parents and children.

If you are concerned about child custody in Spain, early legal advice can help protect your rights and your child’s future. Contact Bennet & Rey Lawyers to discuss your situation.

How Long Does a Divorce Take in Spain? A Complete Guide for International Couples

Written by Margaret on . Posted in Sin categorizar.

Divorce is never easy, and one of the first questions most clients ask is: how long does a divorce take in Spain?

For international couples living in Spain, the answer can vary depending on several legal and practical factors. Understanding the timeline in advance helps reduce uncertainty and allows you to plan the next stage of your life with confidence.

At Bennet & Rey Lawyers, we regularly assist international clients through divorce proceedings in Spain, providing clear timelines and practical legal guidance.

How Long Does a Divorce Take in Spain?

The duration of a divorce in Spain depends mainly on whether the divorce is by mutual agreement or contested.

Mutual Consent Divorce (Divorcio de Mutuo Acuerdo)

This is usually the fastest option.

  • Typically takes 1 to 3 months
  • Requires agreement between both spouses
  • Includes a signed settlement agreement (Convenio Regulador)

This option is faster, more cost-effective and less stressful.

Contested Divorce (Divorcio Contencioso)

If no agreement is reached:

  • The process can take 6 months to over 1 year, or even more
  • A judge will decide on key issues
  • More complex and emotionally demanding

What Factors Affect the Duration of a Divorce?

Several elements can influence how long a divorce takes in Spain:

  • Whether both parties agree
  • If there are children involved
  • Complexity of financial assets
  • International elements (different nationalities or countries)
  • Court work

International divorces often require additional legal analysis, which can extend timelines.

Divorce in Spain for International Couples

For foreign nationals, divorce in Spain may involve:

  • Jurisdiction issues
  • Applicable law
  • Recognition of foreign marriages
  • Cross-border enforcement

This makes it essential to work with a lawyer experienced in international family law.

 Can You Speed Up a Divorce in Spain?

Yes. The fastest way to obtain a divorce is:

  • Reaching an agreement with your spouse
  • Preparing documentation in advance
  • Working with an experienced lawyer

Early legal advice can significantly reduce delays.

Why You Need a Divorce Lawyer in Spain

Divorce is not only a legal process but also a personal transition.

At Bennet & Rey Lawyers, we assist international clients with:

  • Divorce proceedings in Spain
  • Child custody arrangements
  • Financial settlements
  • Cross-border legal issues

We provide clear, practical advice tailored to each client’s situation.

If you are considering divorce in Spain, early legal advice can help you move forward with clarity and confidence. Contact Bennet & Rey Lawyers to discuss your situation.

Buying Property in Spain as a US Citizen: What You Need to Know

Written by Margaret on . Posted in Sin categorizar.

Spain has become an increasingly attractive destination for American citizens looking to buy property abroad.

Whether as a second home, an investment property or a future retirement residence, many US buyers are exploring opportunities in the Spanish real estate market.

However, buying property in Spain as a US citizen involves a legal process that may differ significantly from property transactions in the United States. Understanding the legal steps involved can help avoid unexpected complications.

Working with a lawyer who understands both Spanish property law and the concerns of international buyers can make the process much safer and easier.

At Bennet & Rey Lawyers, we regularly assist American clients purchasing property in Spain and guide them through every stage of the transaction.

Can US Citizens Buy Property in Spain?

Yes. US citizens can freely buy property in Spain. There are no legal restrictions preventing foreign nationals from purchasing real estate in the country.

However, there are several legal and administrative steps that buyers must complete before the purchase can be finalised.

These typically include:

  • Obtaining a Spanish tax identification number (NIE)
    • Opening a Spanish bank account
    • Conducting legal due diligence on the property
    • Signing contracts and completing the transaction before a Spanish notary

Understanding these steps before starting the process can help ensure that the purchase proceeds smoothly.

Legal Checks Before Buying Property in Spain

One of the most important steps when buying property in Spain is carrying out proper legal due diligence.

A property lawyer will normally verify:

  • The legal ownership of the property
    • Whether there are mortgages or debts attached to the property
    • Registration in the Spanish Land Registry
    • The urban planning status of the property
    • Possible community debts
    • Any licensing or planning issues

Failing to carry out these checks could expose buyers to liabilities that only appear after the purchase.

For this reason, many international buyers choose to work with an independent lawyer to review the property before signing any agreement.

The Property Purchase Process in Spain

Buying property in Spain usually involves several stages.

First, the buyer may sign a reservation agreement and pay a small deposit to take the property off the market.

Next, the parties typically sign a private purchase contract, where a larger deposit is paid and the main terms of the transaction are agreed.

The final stage takes place before a Spanish notary, where the public deed of sale is signed and the buyer officially becomes the owner.

After completion, the property must be registered in the Spanish Land Registry and the corresponding taxes must be paid.

A lawyer usually coordinates these steps to ensure that the transaction is legally secure.

Taxes When Buying Property in Spain

Property buyers in Spain must consider several taxes and costs associated with the purchase.

These may include:

  • Property transfer tax (ITP) for resale properties
    • VAT for newly built properties
    • Notary fees
    • Land Registry fees
    • Legal fees

Understanding these costs in advance helps buyers plan their investment and avoid unexpected expenses.

Why Many American Buyers Choose Legal Advice

Buying property in a foreign country can feel complex, particularly when dealing with unfamiliar legal procedures.

American buyers often seek legal advice to ensure that:

  • The property is legally sound
    • Contracts are properly reviewed
    • The purchase process is coordinated with agents, banks and notaries

At Bennet & Rey Lawyers, we regularly assist American and other international clients purchasing property in Spain, ensuring that the legal aspects of the transaction are handled securely and efficiently.

Speak in English With a Property Lawyer in Spain

If you are considering buying property in Spain as a US citizen, obtaining legal advice before signing any contract can help protect your investment.

At Bennet & Rey Lawyers, we regularly advise international clients buying property throughout Spain.

You can contact our office or schedule a consultation with one of our lawyers to discuss your situation.

Can I Take My Child Out of Spain After Divorce?

Written by Margaret on . Posted in Sin categorizar.

International families are increasingly common in Spain. Many parents living in Spain have different nationalities and may maintain strong personal or professional ties with other countries.

When a relationship breaks down, one of the most sensitive issues is whether one parent can move abroad with the child.

This situation raises complex legal questions under Spanish family law and international law. Acting without proper legal authorisation can lead to serious consequences.

Understanding the legal rules before relocating with a child is therefore essential.

Can a Parent Move Abroad With a Child After Divorce?

Under Spanish law, a parent cannot normally relocate to another country with a child without the consent of the other parent.

International relocation usually requires:

  • The agreement of both parents, or
  • Authorisation from a Spanish court.

If a parent moves abroad with a child without consent or judicial authorisation, the situation may be considered international child abduction.

These situations are governed by the Hague Convention on the Civil Aspects of International Child Abduction, which aims to ensure the prompt return of children wrongfully removed from their country of habitual residence.

What Should a Parent Do if the Child Is Taken Abroad?

If one parent takes a child out of Spain without permission, the other parent should act quickly.

The usual first step is to file a report with the police or the competent judicial authorities.

Please be aware: If you have the child with you, you “always” have to tell the other parent where the child is.

Once the situation is reported, the case may involve:

  • Spanish courts
  • International cooperation between authorities
  • Alerts through international police cooperation systems such as Interpol

Legal proceedings may then be initiated under the Hague Convention to request the return of the child to Spain.

Because these cases often involve more than one country, they can develop rapidly and require specialised legal assistance.

How Spanish Courts Decide International Relocation

If parents disagree about a relocation abroad, the decision must be made by a judge.

Spanish courts analyse several factors, including:

  • The best interests of the child
  • The child’s stability and schooling
  •  The reasons for the proposed relocation
  • The possibility of maintaining contact with the other parent
  • The relationship between the child and each parent

Each case is assessed individually, balancing the rights of both parents with the welfare of the child.

Why International Custody Cases Require Legal Advice

Cases involving international families often require analysis of several legal areas, including:

  • Spanish family law
  • International private law
  • The Hague Convention
  • Cross-border enforcement of court decisions

For this reason, parents facing international custody or relocation issues should seek legal advice before taking any step.

 

Legal Advice for International Families in Spain

At Bennet & Rey Lawyers, we regularly advise international families living in Spain on divorce, child custody and international relocation matters.

If you are considering moving abroad with your child, or if you are concerned that the other parent may relocate without your consent, seeking legal advice early can help protect both your rights and the best interests of your child.

Can I Travel Abroad With My Child After Divorce in Spain?

Many parents ask whether they can simply travel abroad with their child after a divorce.

In general, short trips abroad (for holidays or visits) may be possible, but the situation depends on the custody arrangements and whether the other parent agrees.

If both parents share parental authority, it is often advisable to inform the other parent before travelling.

However, when the trip involves moving permanently to another country, the situation is different. In those cases, the consent of the other parent or a court authorisation is normally required.

If there is disagreement between the parents, the issue may need to be resolved by the court.

 

Do I Need the Other Parent’s Permission to Travel With My Child?

In many international families living in Spain, one parent may wish to travel abroad with the child to visit relatives or spend holidays in another country.

While short trips are usually possible, it is often recommended to have the consent of the other parent, particularly when travelling internationally.

Some countries or border authorities may request documentation showing that both parents agree to the child travelling.

For this reason, parents often carry:

  • Written consent from the other parent
  • A copy of the custody agreement
  • Identification documents for the child

Having clear documentation can help avoid difficulties at airports or border crossings.

 

What Happens if Parents Disagree About International Travel?

Disagreements about international travel can arise in many separated families.

If one parent refuses consent for travel or relocation, the matter can be brought before the court.

The judge will consider:

  • The purpose of the trip
  • The duration of the travel
  • The child’s best interests
  • Whether the trip could affect the other parent’s contact with the child

Spanish courts aim to balance the rights of both parents while protecting the stability and welfare of the child.

If you are facing an international divorce or custody dispute in Spain, understanding the legal rules regarding international travel and relocation with children is essential.

At Bennet & Rey Lawyers, we regularly advise international families living in Spain on divorce, child custody and relocation matters.

Seeking legal advice early can help prevent conflicts and protect the interests of both parents and children.

If you are facing an international divorce or custody dispute in Spain, Bennet & Rey Lawyers regularly advise international families on child custody, relocation and cross-border family law matters.

Buying Property in Spain: Legal Checklist for Foreign Buyers

Written by Margaret on . Posted in Sin categorizar.

Spain continues to attract thousands of international buyers every year. British and American clients, in particular, are increasingly purchasing property in Spain either as a permanent residence, a second home or an investment.

However, buying property in Spain involves legal steps that foreign buyers may not be familiar with, and failing to address them properly can lead to serious financial consequences.

Understanding the legal process before signing any agreement is essential.

Step 1: Due diligence before signing the contract

Before committing to a property purchase in Spain, a lawyer should carry out a legal due diligence.

This includes verifying:

  • Ownership of the property
  • Existing mortgages or charges
  • Planning permissions
  • Registration in the Land Registry
  • Community of owners debts
  • Urban planning status

Skipping this step can expose buyers to unexpected liabilities.

Step 2: Reservation agreement and deposit

In many transactions, the first step is signing a reservation agreement and paying a deposit to take the property off the market.

Later, buyers typically sign a private purchase contract and pay a larger deposit.

These contracts must be carefully reviewed by a lawyer to ensure that the buyer’s interests are protected and that appropriate clauses are included.

Step 3: Completion before a Spanish notary

The final stage of the transaction takes place before a Spanish notary, where the public deed of sale is signed.

At this stage:

  • The remaining purchase price is paid
  • The buyer formally becomes the owner
  • The transaction is registered in the Land Registry

A lawyer will usually coordinate the legal aspects of the transaction and ensure that the buyer understands the implications of the deed before signing.

Step 4: Taxes and post-completion formalities

After the purchase, several administrative steps must be completed, including:

  • Payment of transfer taxes
  • Registration of the property in the Land Registry
  • Notification to the local authorities
  • Utility changes and community notifications

These steps are essential to ensure that the property is fully and correctly registered in the buyer’s name.

Legal advice for foreign buyers in Spain

Purchasing property in Spain can be a straightforward and rewarding process when handled correctly, but international buyers benefit greatly from independent legal advice throughout the transaction.

At Bennet & Rey Lawyers, we regularly advise British and American clients buying property in Spain, ensuring that the legal aspects of the transaction are handled securely and efficiently.

If you are considering purchasing property in Spain, obtaining legal advice at an early stage can help avoid costly mistakes and ensure a smooth transaction.

Do you need a lawyer when buying property in Spain?

Foreign buyers often benefit from independent legal advice when purchasing property in Spain to ensure that the transaction is safe and compliant with Spanish law.

If you are considering buying property in Spain and would like legal advice, our team at Bennet & Rey Lawyers regularly assists international clients with property purchases across Spain.

You can contact our office here:
www.bennetrey.com

Book a consultation directly here:
https://calendly.com/margaret-bennetrey/first-contact

Child Custody in Spain for International Couples: What Parents Need to Know

Written by Margaret on . Posted in Sin categorizar.

International relationships are increasingly common in Spain. Many couples living in Spain today have different nationalities, speak different languages and sometimes maintain strong ties with more than one country.

When a relationship breaks down, one of the most sensitive and complex issues is child custody, particularly when one parent is considering returning to another country.

Understanding how Spanish law approaches custody in international families is essential to avoid serious legal complications.

How Spanish courts decide child custody?

Under Spanish law, the guiding principle in all custody cases is the best interests of the child.

Spanish courts will evaluate several factors, including:

.The child’s stability and daily routine
• The relationship between the child and each parent
• The parents’ ability to cooperate
• Schooling and social environment
• The practical arrangements for the child’s care

In many cases, Spanish courts favour shared custody, provided that both parents are able to cooperate and that it is beneficial for the child. However, each case is different and requires careful analysis.

What happens when parents have different nationalities? International families often face additional legal complexities.

For example:
• One parent may wish to relocate to another country
• The child may hold more than one nationality
• Parents may disagree about where the child should live

Spanish courts are particularly cautious when one parent wishes to move abroad with the child.

A relocation without the other parent’s consent may be considered international child abduction, which is governed by the Hague Convention.
This means that moving a child to another country without proper legal authorisation can lead to serious legal consequences.

Can a parent move abroad with the child?

Relocation with a child after separation usually requires:
• The agreement of both parents, or
• Authorisation from the court

The judge will consider factors such as:

• The reasons for the move
• The impact on the child’s stability
• The ability to maintain contact with the other parent
International relocation cases require careful preparation and legal advice, as the court must balance the rights of both parents with the best interests of the child.

Why international custody cases require specialised advice. Cases involving international families often require consideration of:

• Spanish family law
• International private law
• International treaties such as the Hague Convention
• Cross-border enforcement of court decisions

For this reason, these matters benefit from legal advice from lawyers experienced in international family law in Spain. Legal advice for international families in Spain

At Bennet & Rey Lawyers, we regularly advise international couples living in Spain on divorce and child custody matters involving different nationalities and cross-border issues.

If you are facing a separation and have concerns about child custody or international relocation, seeking legal advice at an early stage can help you protect both your rights and the best interests of your children.

British Dual Nationals Travelling to the UK – What Happens from 25th February 2026?

Written by Margaret on . Posted in Sin categorizar.

The UK Parliament has recently addressed an important question: Can a British citizen travel to the UK using a non-British passport?

Below is the link: https://commonslibrary.parliament.uk/research-briefings/cbp-10344/

Where the uncertainty lies: what happens to British citizens who also hold passports from other European countries and sometimes have to travel with these passports – with the risk otherwise of losing their non-British nationality?
We are receiving many questions about this, but at the moment we cannot give a clear answer!

This raises an important legal question:
What are the actual consequences if a British citizen presents only their non-British passport?

It is not yet fully clear how carriers and border authorities will apply this in practice, particularly where dual nationality creates conflicting legal obligations.

We are currently following discussions and developments closely, but there is no definitive clarification yet.
We will keep you informed as soon as more concrete guidance becomes available.

For now, we recommend booking tickets using European nationality, if are a European citizen and you also have a British passport.
We will keep you informed.

Meanwhile we put below some links that may interest you:

British Embassy guidance:

https://www.gov.uk/guidance/living-in-spain#passports-and-travel

The Guardian:
https://www.theguardian.com/uk-news/2026/feb/22/lib-dems-home-secretary-delay-new-dual-national-border-rules#img-1

https://www.theguardian.com/politics/2026/feb/13/dual-nationals-denied-entry-to-uk-british-passport-border-control?CMP=share_btn_url

4 legal ways to come to Spain, and why tax planning matters

Written by Margaret on . Posted in Sin categorizar.

Many UK and USA nationals move to Spain with a clear lifestyle plan —
but without fully understanding how their immigration status and tax residence interact.

These are the four most common ways to come to Spain.
They are not merely administrative categories — each one may have significant tax and legal consequences.

1️⃣ As a Tourist
You may remain in Spain for up to 90 days in any 180-day period.
Exceeding this limit results in an irregular stay, which can create complications not only from an immigration perspective, but also when explaining presence in Spain to tax authorities.

2️⃣ As a Student
You may come to Spain to study Spanish or other officially recognised programmes.

Be aware that this is not residence, but a temporary stay, and it doesn’t count for example for Spanish Citizenship.

3️⃣ As a Digital Nomad
If you work remotely for a UK or USA  international company, Spain may become your legal place of residence, subject to professional and income requirements. You can also come as a free-lance worker.
✔️ This route allows residence and work in Spain.
It also requires careful coordination between immigration status and tax planning, particularly where UK or USA income, dividends or directorships are involved.

4️⃣ As a Non-Lucrative Resident
Often chosen by UK or USA nationals with investment income, pensions or other passive income streams.
✔️ This is full legal residence in Spain.
❌ It does not permit work in Spain.
Crucially, this status frequently leads to Spanish tax residence, even where clients initially assume their UK or USA  tax position remains unchanged.

At Benet & Rey, we are here to help you.

Today Agreement to regularise migrants in Spain

Written by Margaret on . Posted in Sin categorizar.

Today, 27th January 2026, the Spanish government has announced that the Council of Ministers has approved the law for the special regularisation of foreigners who are already settled in Spain – with the objective of “guaranteeing rights and giving legal certainty to an existing social reality”.

This law is the result of an agreement with the Podemos party and is a popular, legislative initiative backed by more than 700,000 signatures, consideration of which was supported by a large parliamentary majority (310 votes in favour and 33 against – all groups except Vox), thus unblocking a response that had been stalled for months.

According to the Ministry headed by Elma Saiz, with this law Spain is “reinforcing” a migration policy model “based on human rights, integration and coexistence, compatible with economic growth and social cohesion.”

Since it has been processed as a royal decree, the Government does not require parliamentary approval for it.

The consequences will be as follows:

✔️ All persons who were in Spain before December 31st 2025, and who can prove at least five months of residence, will have legal status, or be in a legally approved situation.

✔️ They will need to prove their residence in Spain through registration or other documents such as an electricity contract, a medical report or a money transfer certificate.

✔️ Those with criminal records are not included.

✔️ At the time of submission of an application, any expulsion and the return procedures will be suspended.

✔️ This regularisation can be requested until June 30th 2026.

In Spain, initiatives of this type have been approved since the first socialist government,  of Felipe González (1985-1986, with approximately 438,000 applications); also during his second term (1991, 110,000); and immediately afterwards when José María Aznar took office (1996, 21,300). Aznar repeated this process in 2000 (163,900) and then in 2001 (234,600). The last major period of regularisation came under José Luis Rodríguez Zapatero.

This information is very recent and may change. We will keep you informed.

4 mistakes to avoid when marrying in Spain

Written by Margaret on . Posted in Sin categorizar.

Getting married in Spain can be an exciting step, but many international couples make avoidable legal mistakes when getting married in Spain.

1.Not knowing that in Spain you can choose between different marriage regimes

In some regions, community property ownership applies by default (assets acquired during the marriage belong to both spouses).
In others, such as Catalonia or the Balearic Islands , separate property ownership applies by default .

👉 Many international couples are surprised to discover, late in life, that their assets, income, or debts can be considered jointly owned.

2.Not knowing that your children have the right to inherit 2/3 of your estate

In Spain , the system of forced heirship (legitimacy) is very different from that of the Anglo-Saxon world. Your children are legally entitled to inherit two-thirds of your estate, even if you wish otherwise.

👉 For those with blended families, children from previous relationships, or assets in several countries, this can generate enormous conflicts.

3.Not choosing which law will apply if the couple is international.

If one or both of you are foreigners, the law applicable to the marriage is not always Spanish law .
It depends on your residence, nationality, and the place of celebration.

👉 A British-American couple married in Spain may be subject to three possible legal systems if they do not make this clear from the beginning.

4.Not signing a prenuptial agreement adapted to Spain

A prenuptial agreement is not a sign of distrust.
It is a legal tool to protect assets, avoid conflicts, and provide security for the marriage .

👉 Most of the problems we see in international divorces stem from not having regulated anything beforehand.

👩‍🎓Spain is governed in matters of divorce by EU regulations, specifically the legislation to decide what type of court handles your divorce and what law is applicable is the Brussels II Ter, Regulation (EU) 2019/1111.

Getting married well also means getting married legally . Avoiding these mistakes is an act of responsibility, love, and mutual protection.

At Bennet & Rey we are here to help you.

If you’re getting married in Spain in 2026 and need clarity on your financial arrangements, inheritance, or a prenuptial agreement, at Bennet & Rey we can help you get it right from the start.

4 Tips for Buying Property in Spain. Legal Advice for Foreigners

Written by Margaret on . Posted in Sin categorizar.

Buying Property in Spain: 4 Essential Legal Tips for International Buyers

Buying property in Spain can be a rewarding investment, whether you are relocating, purchasing a holiday home or investing in Spanish real estate. However, the legal and financial framework is very different from other countries, and mistakes can be costly without proper legal advice.

Below are four essential legal tips for buying property in Spain, especially relevant for foreign and international buyers.

1. Set a Realistic Budget – including all Buying Costs in Spain

When purchasing property in Spain, the sale price is only part of the total cost. Buyers should also factor in:

  • Property transfer tax or VAT
  • Notary fees
  • Land Registry costs
  • Legal fees and other administrative expenses

These additional costs can amount to 10–15% of the purchase price, depending on the region and the type of property.

2. Check the Legal Status of the Property

A legal due-diligence process is essential before signing any contract. This includes verifying:

  • Ownership and title at the Land Registry
  • Existing mortgages, debts or charges
  • Urban-planning compliance, and licences

Failing to check these issues may result in serious legal and financial consequences for the buyer.

3. Review Community Fees and the nature of the Neighbourhood

If the property is part of a community of owners, it is vital to confirm that:

  • Community fees are fully paid
  • There are no pending community debts
  • Community rules do not restrict intended use in the future (rentals, renovations, etc.)

The neighbourhood and surrounding area should also be assessed for long-term value and suitability.

4. Instruct a Property Lawyer in Spain

Hiring an independent property lawyer in Spain is one of the most important steps in the buying process. A specialist lawyer will:

  • Review contracts and reservation agreements
  • Protect your interests during negotiations
  • Ensure legal compliance from start to completion

This is particularly important for non-resident buyers who are unfamiliar with Spanish property law.

At Bennet & Rey, we specialise in advising international clients buying property in Spain, offering clear, practical and fully bilingual legal support throughout the entire process.

We are here to help you.

Pre-nups in Spain: Neccesary?

Written by Margaret on . Posted in Sin categorizar.

Marriage is one of the most important personal decisions a couple can make. However, many couples are unaware that marriage also automatically creates legal and financial consequences.

As a lawyer advising international and high income clients in Spain, I regularly meet couples who love and respect each other — yet later face avoidable legal and financial complications simply because these issues were not discussed in advance.

Marriage in Spain is also a legal contract that establishes a finantial marriage settlement, governing assets, debts, income, business interests, inheritance rights and the financial consequences of divorce or death.

Spain does not have a single matrimonial property system. Depending on nationality, habitual residence, regional law and place of marriage, different regimes may apply, such as shared ownership of property, or separation of assets.

Prenuptial agreements in Spain are often misunderstood. They are not a sign of distrust, but rather a tool in order to:

  • provide clarity
  • protect assets
  • prevent conflicts
  • and adapt the legal framework to the couple’s circumstances.

When a pre-nup is strongly recommended?  When there are:

  • pre-marital assets
  • businesses
  • children from previous relationships
  • inheritances
  • international elements or future relocation plans

International couples frequently assume their home country’s law will apply, when in reality Spanish law and EU regulations may determine jurisdiction, the laws which apply, and enforceability.

A well-drafted prenuptial agreement is an act of:

  • mutual protection,
  • transparency
  • and responsibility

 It avoids uncertainty and costly disputes.

Because prenuptial agreements must meet strict legal requirements in Spain, professional legal advice before marriage is essential.

If you are planning to get married in Spain and have international or complex assets, seeking legal advice before the wedding ensures legal certainty, financial clarity and peace of mind.

This service is provided by Bennet & Rey Abogados/Lawyers, a law firm in Spain, focused on international family and property law.

Margaret J. Hauschild Rey

Lawyer