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Author: Margaret

Fines for the Misuse of AI: What Self-Employed Professionals and SMEs Need to Know

Written by Margaret on . Posted in Artificial Intelligence, Artificial Intelligence and Law, Business Law.

Artificial intelligence is already part of the day-to-day operations of many businesses.

Self-employed professionals, retailers, professional firms and small and medium-sized enterprises use tools such as ChatGPT, Microsoft Copilot and other AI systems to draft documents, respond to enquiries, prepare marketing campaigns, analyse information and improve internal processes.

Using these tools is not, in itself, unlawful.

However, the professional use of artificial intelligence is not free from legal obligations. The European Union Artificial Intelligence Act establishes a system of responsibilities and penalties that may also apply to self-employed professionals and SMEs.

The key question is not simply whether a business uses artificial intelligence. It is how the technology is used, for what purpose and what consequences it may have for clients, employees, job applicants or consumers.

Can an SME be fined for using artificial intelligence?

Yes.

A self-employed professional or an SME may fall within the scope of the EU AI Act when using an AI system as part of its professional or commercial activity.

The Regulation uses the term “deployer” to describe a natural or legal person who uses an AI system under their authority, except where the system is used in the course of a personal, non-professional activity.

This means that a business does not need to have developed its own artificial intelligence system in order to assume legal responsibilities.

It may be sufficient for the business to use an AI tool to make decisions, screen job applicants, assess employees, classify customers, generate content or provide services.

Not all uses of artificial intelligence, however, carry the same level of risk.

The EU AI Act follows a risk-based approach. The most demanding obligations apply to prohibited AI practices and systems classified as high-risk.

When does the EU AI Act apply?

The Regulation is being introduced progressively.

The general provisions and prohibitions relating to certain AI practices began to apply on 2 February 2025.

The rules concerning penalties began to apply on 2 August 2025.

Most of the Regulation will become fully applicable from 2 August 2026, although some specific provisions are subject to different implementation dates.

Businesses should therefore not wait until the last moment to review how artificial intelligence is being used within their organisations.

What fines does the EU AI Act establish?

The Regulation provides for three principal levels of administrative fines.

1. Prohibited AI practices

Breaching the prohibition on certain artificial intelligence practices may lead to fines of up to:

€35 million or 7% of the company’s total worldwide annual turnover.

Prohibited practices include, in certain circumstances, AI systems that manipulate human behaviour, exploit people’s vulnerabilities, carry out certain forms of social scoring or use prohibited biometric technologies.

2. Breaches of other obligations under the Regulation

Failure to comply with other obligations applicable to providers, deployers, importers, distributors or notified bodies may lead to fines of up to:

€15 million or 3% of total worldwide annual turnover.

This category may include breaches connected with high-risk AI systems, transparency, documentation, human oversight or cooperation with the competent authorities.

3. Providing incorrect, incomplete or misleading information

Providing incorrect, incomplete or misleading information to the relevant authorities or notified bodies may lead to fines of up to:

€7.5 million or 1.5% of total worldwide annual turnover.

Do the same maximum amounts apply to SMEs?

The Regulation expressly takes account of the position of small and medium-sized enterprises, including start-ups.

Where the infringing business is an SME, the maximum fine in each category is the lower of:

  • the fixed monetary amount established in the Regulation; or
  • the relevant percentage of the business’s annual turnover.

For example, if a small business has an annual turnover of €500,000, the percentage-based maximums would be:

  • up to €35,000 for a prohibited AI practice: 7%;
  • up to €15,000 for other infringements: 3%;
  • up to €7,500 for providing incorrect, incomplete or misleading information: 1.5%.

This does not mean that these amounts will automatically be imposed.

The competent authority must consider the circumstances of the individual case and ensure that any penalty is effective, proportionate and dissuasive.

Relevant factors may include:

  • the nature and seriousness of the infringement;
  • its duration;
  • the number of people affected;
  • the damage caused;
  • whether the conduct was intentional or negligent;
  • the measures taken to correct the infringement;
  • the level of cooperation with the authorities;
  • any previous infringements;
  • and the financial capacity of the business.

Can the use of ChatGPT lead to a fine?

Using ChatGPT, Copilot or another generative AI tool does not, by itself, constitute an infringement.

The legal risk arises when a business uses artificial intelligence without appropriate safeguards or for purposes that may affect the rights of other people.

Examples may include:

  • entering clients’ personal data or confidential information into an AI system without first assessing the risks;
  • using AI to select or reject job applicants without sufficient human oversight;
  • assessing employee performance or behaviour through automated systems;
  • publishing AI-generated or manipulated images, videos or audio without complying with applicable transparency obligations;
  • making significant decisions solely on the basis of AI-generated output;
  • using tools that produce discriminatory or biased results;
  • or allowing staff to use AI systems without training or internal guidance.

Other legislation may also apply alongside the EU AI Act, including the General Data Protection Regulation, employment law, consumer protection law, intellectual property law and professional duties of confidentiality.

AI literacy is also a legal obligation

The EU AI Act requires providers and deployers of AI systems to take measures to ensure that the people using those systems on their behalf have a sufficient level of AI literacy.

This does not necessarily mean turning every member of staff into a technical expert.

It means ensuring that employees understand, according to their roles:

  • which AI tools they are permitted to use;
  • what information they must not enter;
  • the limitations of the system;
  • when AI-generated output must be reviewed;
  • what risks may arise;
  • and when human intervention is required.

Allowing employees to use AI without any training, policy or supervision may expose a business to unnecessary legal and operational risks.

What should an SME do now?

The first step is not to prohibit artificial intelligence.

It is to understand how AI is actually being used within the organisation.

Many businesses believe that they do not use AI in any significant way, while their employees may already be using it to summarise documents, draft emails, review CVs, prepare quotations, generate images or respond to client enquiries.

An initial review should include the following measures.

1. Identify the AI tools being used

The business should know which artificial intelligence systems are used by its employees, collaborators and external service providers.

2. Determine how they are being used

Using AI to improve the wording of a document does not create the same level of risk as using it to select employees or decide whether a customer should receive a service.

3. Assess the level of risk

The business should determine whether the system falls within a prohibited practice, a high-risk system, a system subject to transparency duties or a lower-risk use.

4. Review the information entered into the system

It is important to determine whether employees are entering personal data, confidential information, trade secrets or client documents into AI tools.

5. Establish human oversight

AI-generated outputs should not be accepted automatically, particularly where they may have legal, financial or personal consequences.

6. Train employees

Staff should receive clear and proportionate guidance on the authorised use of artificial intelligence.

7. Adopt an internal AI policy

An internal policy can establish which tools are authorised, for which purposes they may be used and which safeguards must be followed.

Compliance without preventing innovation

The EU Artificial Intelligence Act is not intended to prevent businesses from using this technology.

Its purpose is to promote artificial intelligence that is safe, transparent and respectful of fundamental rights.

For self-employed professionals and SMEs, compliance does not have to become a disproportionate burden. The measures adopted should reflect the size of the business, the nature of its activity and the actual risks created by the AI systems it uses.

However, ignoring the legislation or assuming that a practice must be acceptable because “everyone is using AI” may lead to legal, reputational and financial consequences.

The best form of prevention is to review current AI use, identify the risks and establish clear internal rules before a problem arises.

How can Bennet & Rey help?

Bennet & Rey offers a legal AI compliance assessment and internal policy service for SMEs and professional firms.

The service may include:

  • identifying the AI tools currently used within the business;
  • analysing their purposes and legal risks;
  • reviewing the use of personal data and confidential information;
  • classifying AI systems according to their level of risk;
  • preparing an internal AI use policy;
  • establishing human oversight procedures;
  • drafting clauses for employees, collaborators and suppliers;
  • and recommending appropriate AI literacy and training measures.

The objective is not to prevent a business from using artificial intelligence, but to help it use AI safely, proportionately and in a way that reflects its actual activities.

Every organisation uses artificial intelligence differently. The first step should therefore be an individual assessment to determine which measures are genuinely necessary.

Does your business use artificial intelligence, and are you unsure whether it complies with the new rules?

Contact Bennet & Rey to request an AI compliance assessment.

International Divorce: Why Applying the Right Legal Rule Matters

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

Family law is often associated with very personal and human situations: divorce, children, maintenance, custody, the family home or parental relationships.

However, behind those personal situations there is often a complex legal structure. And that complexity increases significantly when the case has an international element.

✔️One spouse may live in Spain and the other in Japan.
✔️One parent may reside in the United Kingdom.
✔️The children may be living in another country.
✔️There may be different nationalities involved.
✔️There may already be proceedings in another jurisdiction.
✔️Or a Spanish judgment may need to produce legal effects abroad.

In these cases, family law is no longer only a matter of the Spanish Civil Code or the Spanish Civil Procedure Act. Private International Law, European Regulations, international conventions and, where appropriate, Spanish domestic law may all come into play.

This is where specialisation is no longer simply an advantage. It becomes essential.

It is not enough to know family law: it is necessary to know which rule applies first

One of the most delicate issues in international family proceedings is determining which courts have jurisdiction.

At first sight, the question may seem simple: can the Spanish courts hear the case?

But the answer is not always found in the Spanish Organic Law on the Judiciary, known as the LOPJ.

In international matters, the system of legal sources requires us to check first whether there is an applicable European Union Regulation. Then, whether there is a relevant international convention. Only in the absence of those rules, or where those rules themselves refer to domestic law, should Spanish internal law be applied.

This order is not merely academic. It may determine whether proceedings can continue in Spain or whether they are dismissed. It may affect litigation strategy, timing, appeals and the possibility of enforcing a judgment in another country.

A recent example: Spain, Japan and international jurisdiction

The Spanish Association of Family Lawyers recently published a very interesting legal article on the system of sources in Private International Law in matters of international jurisdiction.

The article analyses, among other decisions, the Order of the Provincial Court of Valladolid, Section 1, no. 07/2026, of 13 January, ECLI:ES:APVA:2026:7A. The case concerned divorce proceedings with parental responsibility and maintenance measures. It had a clear international element: a Spanish husband resident in Spain and a Japanese wife resident in Japan, where the child was also living.

The court ultimately declared that the Spanish courts had jurisdiction. However, the legally relevant point was not only the outcome, but the reasoning used to reach it.

The doctrinal commentary highlighted that jurisdiction for the divorce should have been analysed under Regulation (EU) 2019/1111, rather than directly under the LOPJ.

This distinction is essential.

Where an EU Regulation is applicable, we cannot simply move directly to Spanish domestic law merely because the other country involved is not a Member State of the European Union. That is precisely one of the most common misunderstandings in practice.

The fact that the other country is not in the EU does not mean that EU Regulations are irrelevant

This point is particularly important for international families.

Sometimes it is assumed that, if the other State involved is Japan, the United States, the United Kingdom after Brexit, or any other third State, EU Regulations are no longer relevant.

That assumption may be wrong.

EU Regulations do not apply only when all countries involved are Member States. In many cases, they operate as rules of international jurisdiction that Spanish courts must apply in order to determine their own jurisdiction.

Put simply: the question is not only whether the other country belongs to the European Union. The correct question is whether a Spanish court, as a court of a Member State, must apply an EU rule to determine its own jurisdiction.

Very often, the answer will be yes.

Divorce, parental responsibility and maintenance do not always follow the same rule

Another common mistake is to treat an international family case as if everything could be resolved by applying a single rule.

But the same case may involve several different legal matters:

  • divorce;
  • parental responsibility;
  • measures concerning children;
  • child maintenance;
  • use of the family home;
  • international lis pendens;
  • recognition and enforcement of judgments.

Each of these issues may be subject to different rules.

In the case discussed, the analysis distinguished between jurisdiction for divorce, jurisdiction for parental responsibility and jurisdiction for maintenance. That distinction is fundamental.

Jurisdiction for divorce could be determined by Regulation (EU) 2019/1111. Parental responsibility required a separate analysis, particularly if no Member State had jurisdiction and it was necessary to look at national law by reference from the Regulation itself. Maintenance had to be examined in the light of Regulation (EC) 4/2009, not simply as an automatic consequence of the LOPJ.

This type of technical analysis is precisely what international family law requires.

The LOPJ (Ley Orgánica del Poder Judicial) does not disappear, but it is not always the starting point

The Spanish Organic Law on the Judiciary remains an important rule. But in international matters, it is not always the first rule to apply.

In some cases, it operates residually. In others, it applies because an EU rule refers to national law. And in other cases, it is displaced by an applicable European Regulation or international convention.

That is why it is not enough to say: “we apply the LOPJ”.

Before doing so, we need to ask:

✔️Is there an applicable EU Regulation?
✔️Is there an international convention?
✔️Does the EU rule displace the domestic rule?
✔️Does the EU rule allow recourse to national law?
✔️Are we dealing with divorce, parental responsibility or maintenance?
✔️Are there proceedings already pending in another country?
✔️Will the Spanish judgment be recognised or enforceable abroad?

These questions are not theoretical. They are litigation strategy.

Specialisation prevents mistakes that can be very costly

In international family law, an error in identifying the applicable rule may have serious consequences.

It may lead to an international jurisdiction challenge.
It may delay the proceedings.
It may make an appeal necessary.
It may create legal uncertainty.
It may make enforcement of a judgment abroad more difficult.
It may even lead to the dismissal of the proceedings if the Spanish courts are found to lack jurisdiction.

And in family law, these are not merely procedural issues.

They affect children, maintenance, time spent with each parent, financial stability, parental decisions and deeply sensitive personal relationships.

That is why an international family lawyer must carry out rigorous preliminary work. Before filing a claim, it is necessary to analyse not only the facts, but also the international legal architecture of the case.

A matter of technique, but also of responsibility

Private International Law is complex. Its rules are not always intuitive. Precisely for that reason, those of us who practise family law have a responsibility to present these cases correctly from the outset.

A specialist lawyer must help the court identify the applicable rules, distinguish between different legal matters, organise the system of sources and explain why a European Regulation, an international convention or a domestic rule should prevail in each case.

A well-prepared claim does not only tell a family story. It also builds the correct legal foundation that allows the court to decide.

Conclusion

International divorce requires sensitivity, but also technical precision.

It is not enough to know that one person lives in Spain and another lives abroad. It is necessary to analyse which EU Regulation applies, whether there is an international convention, when the LOPJ comes into play and what procedural consequences each decision may have.

The difference between applying one rule or another can change the entire course of the proceedings.

At Bennet & Rey Abogados, we advise national and international clients in family law matters with cross-border elements: international divorce, parental responsibility, maintenance, proceedings involving the United Kingdom, the United States, EU countries and third States.

Because in international family matters, choosing the right legal strategy from the outset can make a decisive difference.

If you have any questions or want to contact with us, please send us an email: [email protected]

or click here and book a consultation with a lawyer

Is your company ready for the European Artificial Intelligence Regulation?

Written by Margaret on . Posted in Artificial Intelligence, Business, Digital Law.

Artificial intelligence is no longer a future issue. It is already present in many areas of business life: emails, chatbots, customer service, data analysis, recruitment tools, marketing, translations, image generation and internal productivity systems.

However, from 2 August 2026, the use of artificial intelligence in the European Union will enter a new regulatory phase.

The European Artificial Intelligence Regulation, also known as the EU AI Act, will become fully applicable, subject to certain exceptions and a gradual implementation calendar. Its aim is not to prohibit artificial intelligence, but to ensure that it is used safely, transparently and in a way that respects fundamental rights.

The question many companies should now be asking is not simply whether they use artificial intelligence.

The real question is:

Do we know exactly which AI tools we are using, what we are using them for, and what legal risks they may involve?

What is the European Artificial Intelligence Regulation?

The European Artificial Intelligence Regulation is the first major EU law specifically designed to regulate the development, placing on the market and use of artificial intelligence systems.

Its approach is based on risk. Not all AI tools have the same impact, and not all of them require the same level of legal control.

Using an AI tool to help draft a general text is not the same as using an automated system to select candidates, assess a person’s creditworthiness, process biometric data or make decisions that may affect fundamental rights.

For this reason, the Regulation distinguishes between different levels of risk:

✔️Unacceptable risk: AI systems that are prohibited.

✔️High risk: AI systems that may affect safety, employment, education, migration, access to essential services, critical infrastructure or fundamental rights.

✔️Limited risk: systems mainly subject to transparency obligations.

✔️Minimal risk: everyday uses with a lighter regulatory burden.

Why should companies pay attention?

Many businesses assume that the EU AI Act only applies to large technology companies or to businesses that develop artificial intelligence systems.

That assumption may be risky.

The Regulation can also affect companies that use AI systems in their daily activity, even if they did not create those systems themselves.

For example, a company may be using AI for:

  • recruitment or HR processes;
  • customer service;
  • data analysis;
  • content generation;
  • marketing;
  • client scoring or profiling;
  • document management;
  • productivity tools;
  • translations or contract reviews;
  • automation of internal decisions.

The legal issue is not just the use of AI. The real issue is using it without knowing exactly which tool is being used, what data is being entered, who has access to that information, what decisions are being automated and what impact this may have on clients, employees or third parties.

What obligations may apply?

The obligations will depend on the type of AI system, the role of the company and the level of risk involved.

A company that develops an AI system will not have the same obligations as a company that simply uses one. Likewise, using AI to draft an internal note is not the same as using AI to make decisions that affect individuals.

Depending on the case, companies may need to:

  • identify which AI systems are being used;
  • classify the level of risk;
  • inform individuals when they are interacting with AI;
  • ensure human oversight;
  • keep appropriate documentation;
  • review suppliers and contracts;
  • establish internal AI policies;
  • train staff on the responsible use of AI;
  • avoid prohibited AI practices;
  • protect personal and confidential data;
  • control the use of generative AI tools such as ChatGPT, Copilot and similar systems.

The Regulation also provides for significant sanctions. In the most serious cases, breaches involving prohibited AI practices may lead to fines of up to €35 million or 7% of the company’s total worldwide annual turnover, whichever is higher.

The common mistake: thinking “we are only testing it”

Many companies are currently in what seems to be an informal phase. They are testing tools, automating tasks, generating texts, analysing information or introducing AI assistants without a clear internal policy.

But from a legal point of view, “testing” does not always eliminate risk.

If personal data, confidential information, client documents, employee data or information affecting real decisions is being entered into an AI system, the company may already be creating legal exposure.

Artificial intelligence can be an excellent tool, but it must be used with judgement, traceability and care.

What should companies do before 2 August 2026?

There is no need for panic, but companies should start preparing in an organised way.

A first legal review should include:

1. AI tools inventory

Identify which AI tools are being used, who is using them and for what purpose.

2. Risk classification

Assess whether the use is low risk, limited risk or potentially high risk.

3. Data review

Check whether personal data, sensitive data, trade secrets or confidential information are being entered into AI systems.

4. Internal AI policy

Establish clear rules for employees, collaborators and management.

5. Supplier review

Review contractual terms, data protection clauses, confidentiality, server location and liability provisions.

6. Transparency

Assess when clients, users or employees must be informed that they are interacting with AI or that certain content has been generated by AI.

7. Training

Staff should know what they can and cannot do with AI tools.

AI yes, but responsibly

Artificial intelligence should not be seen as a threat in itself. Used properly, it can save time, improve processes and increase business productivity.

However, technological enthusiasm should not replace legal judgement.

The European Artificial Intelligence Regulation requires companies to move from improvisation to responsible management. It will no longer be enough to say “we use an AI tool”. Companies will need to understand and explain what they use, why they use it, what data is involved, what controls are in place and what safeguards apply.

Conclusion

2 August 2026 is a key date for the application of the European Artificial Intelligence Regulation.

Companies that already use AI should begin reviewing their processes now. The point is not to stop innovation, but to innovate with legal certainty.

At Bennet & Rey Abogados, we can help businesses review their use of artificial intelligence, identify legal risks and prepare an internal AI policy adapted to their needs.

Artificial intelligence can be a powerful ally. But only if it is used with judgement, transparency and responsibility.

Contact us at: [email protected]

My Ex Is Making Things Difficult After Divorce – What Can I Do Legally?

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

Divorce does not always end the conflict.

For many people, the most stressful part comes afterwards: when the court judgment or divorce agreement exists, but one former spouse does not cooperate.

This may happen in many ways.

✔️Your ex may delay payments.
✔️They may refuse to follow the child contact arrangements.
✔️They may make decisions about the children without consulting you.
✔️They may ignore messages, create constant tension, or use small practical issues to keep the conflict alive.

If this is happening to you, the first thing to understand is this:

You are not powerless.

But it is also important to choose the right legal response. Not every difficult behaviour requires immediate court action. However, when there is a clear breach of a divorce judgment or court-approved agreement, Spanish law offers legal remedies.

1. Start by identifying the problem clearly

Before taking legal action, it is important to define exactly what is happening.

Is your ex:

  • failing to pay child maintenance or spousal maintenance?
  • preventing or obstructing contact with the children?
  • refusing to comply with holiday arrangements?
  • making unilateral decisions about school, health or travel?
  • refusing to sign necessary documents?
  • failing to leave the family home when required?
  • repeatedly ignoring the terms of the divorce judgment?
  • creating unnecessary conflict to make co-parenting impossible?

This first step matters because the legal route will depend on the type of breach.

A general feeling that your ex is “making things difficult” may be emotionally valid, but legally we need to identify specific facts, dates, documents and consequences.

2. Check what the divorce judgment or agreement actually says

Many post-divorce conflicts happen because one party relies on what they believe was agreed, rather than on what the judgment or agreement actually states.

Before sending formal letters or going to court, it is essential to review:

  • the divorce judgment;
  • the court-approved settlement agreement;
  • the parenting plan, if there is one;
  • the child maintenance provisions;
  • the holiday arrangements;
  • any clauses about the family home;
  • any obligations regarding expenses, documents or communication.

The question is not only whether your ex is behaving unfairly.

The legal question is:

Are they breaching a specific obligation?

If the answer is yes, action may be possible.

3. Keep evidence

If your ex is not complying with the divorce terms, evidence is crucial.

You should keep:

  • emails;
  • WhatsApp messages;
  • proof of unpaid amounts;
  • bank statements;
  • school communications;
  • travel documents;
  • evidence of cancelled visits;
  • written requests for cooperation;
  • any formal notices already sent.

Try to avoid emotional or aggressive messages. They may later be read in court.

The best approach is to communicate clearly, calmly and in writing.

For example:

“I am asking you to comply with the holiday arrangements set out in the judgment dated…”

or

“The maintenance payment due on (date) has not been received. Please confirm when payment will be made.”

This creates a record without escalating the tone.

4. When can you enforce a divorce judgment in Spain?

If there is a Spanish divorce judgment or a court-approved agreement, and your ex is not complying with it, it may be possible to start enforcement proceedings.

This can be relevant where there is:

  • non-payment of maintenance;
  • repeated breach of contact arrangements;
  • failure to deliver or return the children at agreed times;
  • refusal to comply with financial obligations;
  • failure to vacate a property;
  • non-compliance with other court-ordered obligations.

The purpose of enforcement is not to renegotiate the divorce.

It is to ask the court to ensure that what has already been ordered is respected.

5. What if the problem concerns the children?

Post-divorce conflict involving children must be handled especially carefully.

If the issue relates to parental responsibility — for example, school choice, medical treatment, relocation, passports or international travel — the appropriate route may not always be enforcement.

In some cases, it may be necessary to ask the court to resolve a disagreement between parents who share parental responsibility.

This is particularly relevant when one parent is blocking necessary decisions or acting unilaterally on important matters.

In these cases, the court will normally focus on the best interests of the child, not on punishing either parent.

6. What if your ex is not paying maintenance?

If child maintenance or spousal maintenance has not been paid, the first step is to calculate the exact amount owed.

You will usually need:

  • the judgment or agreement;
  • proof of the monthly amount due;
  • bank statements showing non-payment or partial payment;
  • a calculation of arrears;
  • evidence of any previous requests for payment.

In Spain, unpaid maintenance can often be claimed through civil enforcement proceedings.

In more serious cases, persistent non-payment may also have criminal implications, but this must be analysed carefully. Not every delay or partial payment automatically becomes a criminal matter.

7. Should you send a formal legal notice first?

In many cases, yes.

A formal legal notice can be useful because it:

  • clarifies the breach;
  • gives the other party a final opportunity to comply;
  • shows the court that you acted reasonably;
  • may avoid litigation;
  • creates evidence of the request.

However, if the matter is urgent — especially where children, safety or international travel are involved — it may be necessary to act faster.

8. When is it better not to go to court immediately?

This is important.

Sometimes the other party is difficult, but the legal breach is not strong enough yet. In those cases, going to court too early may increase conflict and costs without achieving a clear result.

It may be better to:

  • gather more evidence;
  • send a formal letter;
  • clarify the interpretation of the judgment;
  • negotiate specific practical rules;
  • use mediation or another dispute resolution method where appropriate;
  • seek a modification of measures if the original arrangements no longer work.

A good legal strategy is not always the most aggressive one.

It is the one most likely to solve the problem.

9. What if the original arrangements no longer work?

Sometimes the issue is not simply that your ex is breaching the divorce terms.

The real problem may be that the original arrangements are no longer suitable.

For example:

  • the children are older;
  • one parent has moved;
  • work schedules have changed;
  • the child’s needs have changed;
  • financial circumstances are different;
  • communication between the parents has deteriorated.

In these cases, enforcement may not be the best solution.

It may be necessary to request a modification of measures, asking the court to change the existing arrangements.

10. International families: extra complications

For international families, post-divorce conflict can be even more complex.

There may be issues involving:

  • parents living in different countries;
  • international travel with children;
  • recognition of foreign judgments;
  • enforcement of Spanish orders abroad;
  • enforcement of foreign orders in Spain;
  • passports and consent to travel;
  • relocation;
  • unpaid maintenance across borders.

In these cases, it is important to obtain advice before taking action, especially if there is a risk that one parent may remove a child from Spain or refuse to return the child after travel.

Conclusion

If your ex is making things difficult after divorce, you do not have to tolerate constant breaches or uncertainty.

But the right legal response depends on the facts.

✔️Sometimes the best solution is a formal legal notice.
✔️Sometimes it is enforcement of the divorce judgment.
✔️Sometimes it is a court application regarding parental responsibility.
✔️Sometimes it is a modification of measures.

At Bennet & Rey, we advise international clients in family law matters in Spain, including post-divorce disputes, enforcement of judgments, child arrangements, maintenance and cross-border family issues.

If your divorce judgment is not being respected, we can help you understand your legal options before the situation escalates further.

Send us an email: [email protected]

or click here to book a consultation with a lawyer

Buying Property in Spain Through a Company: Pros and Risks

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

Buying property in Spain is often an exciting decision, especially for international buyers looking for a second home, an investment property, or a long-term base in Europe.

One question we are often asked is:

“Should I buy the property personally, or through a company?”

The answer is: it depends.

Buying through a company may be useful in certain cases, particularly where the property forms part of a wider business or investment structure. However, it is not always cheaper, simpler, or safer. In fact, for many private buyers, using a company can create additional tax, accounting and legal obligations.

Before deciding, it is important to understand both the advantages and the risks.

1. Why do some buyers consider buying through a company?

International buyers may consider purchasing Spanish property through a company for several reasons:

  • they already own a company abroad;
  • they are buying for investment purposes;
  • they plan to rent the property;
  • they want to separate personal and business assets;
  • they are buying with several investors;
  • they are thinking about inheritance or succession planning;
  • they have been advised that a company may reduce tax.

Some of these reasons may be valid. Others need to be reviewed very carefully.

The most important point is that a company should not be used simply because it sounds more sophisticated. The structure must make legal, tax and practical sense.

2. Possible advantages of buying through a company

Asset separation

Buying through a company can help separate the property from the buyer’s personal estate. This may be relevant where the property is part of a larger investment portfolio or commercial activity.

For example, if several investors are buying together, a company can provide a clearer framework for ownership, decision-making, profit distribution and exit.

Business use or rental activity

If the property is genuinely connected to a business activity, such as professional rentals, serviced accommodation or wider real estate investment, corporate ownership may sometimes be appropriate.

However, the activity must be real and properly documented. A company that owns one property used mainly as a holiday home may not be treated in the same way as an active real estate business.

Easier transfer of shares in some cases

In some structures, it may be possible to transfer shares in the company rather than the property itself. This can sometimes be relevant in investment planning or succession planning.

However, this is a highly technical area. Spanish anti-avoidance rules, tax consequences and reporting obligations must be reviewed before assuming that a share transfer will be simpler or cheaper.

Succession and estate planning

For families with assets in several countries, a company may form part of a wider succession strategy.

That said, this should never be analysed only from a Spanish property perspective. The buyer’s residence, nationality, matrimonial regime, inheritance law, tax residence and family circumstances may all be relevant.

3. The risks of buying through a company

It may not save tax

This is the most common misconception.

Buying through a company does not automatically reduce tax in Spain. Depending on the structure, it may actually increase the total cost.

The company may have corporate tax obligations, accounting costs, filing obligations, possible non-resident tax issues, and future tax consequences when the property is sold or when profits are distributed.

A tax saving at the purchase stage can easily become a tax problem later.

Additional accounting and compliance costs

A company usually involves more administration than personal ownership.

There may be annual accounts, tax returns, bookkeeping, corporate records, legal representation, registered office requirements and professional fees.

For a buyer purchasing a single private holiday home, these costs may outweigh any theoretical benefit.

Personal use of a company-owned property can create tax issues

If the property is owned by a company but used personally by the shareholders or their family, this must be carefully reviewed.

Spanish tax authorities may consider whether there is a benefit in kind, a deemed rental, or another taxable consequence. The arrangement must be commercially and legally coherent.

A company-owned property used privately without proper documentation can become a risk.

Financing may be more difficult

Some banks are more cautious when lending to companies, especially foreign companies or newly created companies.

Mortgage conditions may differ from those offered to individual buyers. The bank may require additional guarantees, corporate documentation, shareholder information and proof of funds.

Selling the property may be more complex

When the time comes to sell, the structure chosen at the beginning becomes very important.

Will the company sell the property?
Will the shareholders sell the company?
Will the buyer accept that structure?
What tax applies in Spain and abroad?
Are there reporting obligations in the buyer’s country of residence?

These questions should be considered before the purchase, not only when the sale is already being negotiated.

4. Spanish company or foreign company?

Another key question is whether the property should be bought through a Spanish company or a foreign company.

A Spanish company may be more familiar to Spanish banks, notaries, registries and tax authorities. However, it also involves Spanish corporate obligations.

A foreign company may already exist and may be convenient from the buyer’s home-country perspective. However, it can create additional formalities in Spain, including powers of attorney, apostilled documents, translations, tax identification numbers and proof of company authority.

In both cases, the structure must be reviewed in Spain and in the buyer’s country of residence.

5. When buying through a company may make sense

Buying through a company may be worth considering where:

  • the property is part of a genuine investment activity;
  • there are several investors;
  • the buyer already has a corporate structure with a clear commercial purpose;
  • the property will be rented professionally;
  • the transaction forms part of a wider estate or tax planning strategy;
  • the buyer needs a clear separation between personal and business assets.

Even then, proper legal and tax advice is essential.

6. When personal ownership may be better

Personal ownership may be simpler where:

  • the property is mainly a family home or holiday home;
  • there is only one buyer or a married couple;
  • there is no real business activity;
  • the buyer wants to keep costs and administration simple;
  • the property will not be part of a wider investment structure;
  • the company would only be created to “save tax”.

In many cases, buying personally is clearer, cheaper and easier to manage.

7. Our practical recommendation

Before deciding whether to buy property in Spain through a company, we recommend asking three questions:

1. What is the real purpose of the purchase?

A home, an investment, a rental business, or a family estate planning tool?

2. What will happen in five or ten years?

Will the property be sold, inherited, rented, refinanced or transferred?

3. Has the structure been checked in both countries?Spanish advice alone may not be enough if the buyer is tax resident abroad.

The right structure is not the one that looks clever on paper. It is the one that works legally, fiscally and practically over time.

Conclusion

Buying property in Spain through a company can be useful in the right circumstances, but it is not a universal solution.

For some buyers, it may offer structure, asset separation and investment flexibility. For others, it may create unnecessary cost, tax exposure and administrative complexity.

At Bennet & Rey, we help international clients review the legal and practical implications of buying property in Spain, whether personally or through a company, so they can make informed decisions before signing.

Thinking of buying property in Spain?

We can review the structure, the legal documentation and the risks before you commit.

Send us an email to: [email protected]

Click here to book a consultation with a lawyer

Five Phrases That Make a Lawyer Nervous

Written by Margaret on . Posted in General Legal advice, Legal advice in Spain.

At Bennet & Rey, we often say that legal problems rarely begin with dramatic events.

Very often, they begin with ordinary sentences.

A friendly agreement. A quick signature. A family arrangement. A WhatsApp message. A document downloaded from the internet.

And then, months or years later, someone says: “But I thought this was clear.”

For this month’s article, we have prepared a light-hearted but very real list of five phrases that tend to make lawyers slightly nervous.

Not because lawyers are dramatic.

But because we have seen what can happen when important decisions are made too casually.

1. “We don’t need to put it in writing. We trust each other.”

Trust is wonderful. But in legal matters, trust and written clarity should go together.

Many disputes begin between people who trusted each other: relatives, friends, business partners, former spouses, neighbours, or couples buying property together.

The problem is not always bad faith. Sometimes the problem is memory. People remember conversations differently. Circumstances change. Relationships deteriorate. What seemed obvious at the beginning becomes very unclear later.

A written agreement is not a sign of mistrust.

It is a way of protecting the relationship and avoiding misunderstandings.

This is particularly important when money, property, inheritance, children, family arrangements or business interests are involved.

 

2. “It’s just a little signature.”

There is no such thing as “just a signature”.

A signature can create obligations, waive rights, acknowledge debt, accept conditions, confirm delivery, approve a settlement, or commit someone to a transaction.

This is especially important in property purchases, divorce agreements, inheritance documents, loans between family members, business arrangements and private contracts.

Before signing anything, it is worth asking one simple question:

What exactly am I agreeing to?

If the answer is not completely clear, do not sign until it is.

A document may look simple, but its legal consequences may be significant.

 

3. “I found a template online.”

Online templates can be useful as a starting point, but they are rarely enough on their own.

The law is not only about having a document. It is about having the right document for the right situation, with the right wording, signed in the right way, and adapted to the facts of the case.

A template may not take into account Spanish law, tax consequences, family circumstances, property registry issues, inheritance rules, immigration status, matrimonial regimes, or the specific risks of the transaction.

A document that looks professional is not necessarily legally safe.

In legal matters, the details are often the part that matters most.

 

4. “My cousin/friend/neighbour told me this is very easy.”

Sometimes they are right.

Very often, they are not.

Every legal case depends on details: dates, documents, family situation, nationality, residence, property ownership, matrimonial regime, previous court orders, payments made, tax position, deadlines and many other factors.

What worked for one person may not work for another.

This is particularly true in family law, inheritance, immigration and property matters, where small differences can completely change the legal outcome.

Informal advice may be well-intentioned, but it should not replace proper legal advice.

The question is not whether the other person means well.

The question is whether their situation is legally the same as yours.

Very often, it is not.

 

5. “We’ll sort it out later.”

This may be the most dangerous phrase of all.

Later is when the relationship has broken down.

Later is when the property has already been bought.

Later is when the money has already been transferred.

Later is when the other party has changed their mind.

Later is when the deadline has expired.

In law, timing matters.

Many problems are much easier, cheaper and less stressful to prevent than to solve afterwards.

A short consultation before signing, buying, transferring money, accepting an inheritance, agreeing to family arrangements, or relying on an informal agreement can prevent years of difficulty.

The Bennet & Rey Lawyers,View

Good legal advice is not only about going to court.

Very often, it is about preventing disputes before they begin.

If you hear yourself saying one of these phrases, it may be a good moment to pause and ask for advice.

Not because everything is a problem.

But because some problems can be avoided with clarity, strategy and the right document at the right time.

At Bennet & Rey, we advise international clients in Spain on family law, inheritance, property matters and immigration, helping them make important legal decisions with confidence and clarity.

If you are about to sign, buy, agree, transfer money, accept an inheritance, or make an important family arrangement in Spain, it is worth taking legal advice before the problem begins.

Do British and American citizens have fewer immigration rights in Spain? False Myth 2

Written by Margaret on . Posted in British and USA Citizens Rights, Immigration Law, Residence in Spain, Spain Immigraton.

False myth 2: “British or American citizens have fewer rights than other foreign nationals”

This is also not true.

Spanish immigration law is not applied according to whether a person is British, American, Moroccan, Argentinian or of any other specific nationality. As a general rule, it applies to non-EU foreign nationals, meaning those who are not citizens of the European Union, the European Economic Area or Switzerland.

Therefore, a British or American citizen who is in Spain and meets the legal requirements may benefit from the immigration routes provided by Spanish law, just like any other non-EU citizen.

Nationality requirements

What matters is not nationality itself, but whether the legal requirements are met: residence in Spain, absence of criminal records, family or social ties, an employment contract or sufficient financial means, training, correct documentation and any other conditions required depending on the type of authorisation.

First comes residence. Later, if the required residence periods and other legal requirements are met, an application for Spanish nationality may be considered.

Why British and American citizens often use other routes

It is true that, in practice, we do not see as many British or American citizens applying through arraigo procedures as people of other nationalities.

But that does not mean they have fewer rights. It usually means that many British or American citizens come to Spain through other types of visas, residence permits or prior legal planning.

Our advice: before assuming that “it is not possible” or that “you have no right to apply”, it is worth reviewing your specific case. In Immigration Law, the details matter.

If you are involved in legal matters involving the UK and Spain, we will be pleased to assist you.

If you are unsure whether you may qualify for residence or regularisation in Spain, Bennet & Rey can review your case and advise you on the most appropriate legal route.

Send us an email: [email protected]

Click here and book a consultation with a lawyer

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

Click here to book a consulation with a lawyer

 

 

 

 

 

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