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

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

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

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

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

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

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

Meanwhile we put below some links that may interest you:

British Embassy guidance:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The consequences will be as follows:

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

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

✔️ Those with criminal records are not included.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.Not signing a prenuptial agreement adapted to Spain

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

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

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

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

At Bennet & Rey we are here to help you.

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

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

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

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

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

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

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

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

2. Check the Legal Status of the Property

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

• Ownership and title at the Land Registry

• Existing mortgages, debts or charges
• Urban-planning compliance, and licences

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

3. Review Community Fees and the nature of the Neighbourhood

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

• Community fees are fully paid
• There are no pending community debts

• Community rules do not restrict intended use in the future (rentals, renovations, etc.)

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

4. Instruct a Property Lawyer in Spain

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

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

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

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

We are here to help you.

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

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

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

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

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

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

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

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

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

A well-drafted prenuptial agreement is an act of:

• mutual protection,
• transparency
• and responsibility

 It avoids uncertainty and costly disputes.

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

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

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

Margaret J. Hauschild Rey

Lawyer

Closing out the year is also a good time to express my gratitude for the trust you have placed in my legal advice over these past months.

Guiding and resolving family law, inheritance, and real estate matters is a responsibility I deeply value.

I wish you happy holidays and a 2026 filled with hope and exciting new projects.

The new Pact on Migration and Asylum is a set of rules governing border management and entry into the Schengen Area. It comprises nine regulations and one directive, harmonising procedures across all member states. It reforms the Common European Asylum System (CEAS).

When does it come into effect?

It will begin to be applied in June 2026, after a period of technical and legislative implementation.

Note that access to Europe will be more complicated, and entry and asylum controls will be carried out at its borders.

Why is it said that Europe is “taking the bull by the horns”?

Because the EU has chosen to legislate through Regulations, not Directives. Regulations are directly applicable and binding in all Member States, without the need for adaptation in each country. In other words, there will be less room for national interpretations and as result greater genuine uniformity.

Main objectives of the Pact:

• A truly common Schengen border. Hence the current SES system , which allows for faster and more unified controls.
• Mandatory solidarity between States. Each country must accept a quota of migrants, or contribute financially if it cannot assume that number.
• Strengthening the right to asylum. Streamlined processes, with common criteria and greater coordination.

How did this Pact come about?
Sustained migratory pressure, along with other recent challenges (such as the supply crisis during the pandemic and the Russian invasion of Ukraine), convinced the EU that major problems must be managed jointly. After years of negotiations—and with a particularly important role played by the Spanish Presidency of the Council of the EU in 2023 —the foundations of the agreement were established.

How will this affect us?
As 2026 approaches , you will hear much more about its practical implementation: new border procedures, data-sharing, and common obligations between states.

Today we celebrate the 15th anniversary of Bennet & Rey Abogados/Lawyers, and it’s no coincidence that it coincides with Universal Human Rights Day.

Fifteen years of stories that have touched our hearts. Families who trusted us in their most difficult moments, individuals who found in our firm a safe haven from which to defend their rights.

Running a law firm is a true adventure:

⚖️ with many different challenges,

✨ moments of great light (and others of shadow),

🤝 extraordinary colleagues from whom I continue to learn,

📚 laws that sometimes seem like secret codes, and hidden obstacles that we have overcome with hard work and dedication.

I look back and feel proud of the Margaret who started it,  and  the one that I am now – and proud of the journey that Bennet & Rey has taken.

I always say that a law firm is like a Netflix series, but better: real, unique stories full of human value. And yes, it’s worth it.

🧑‍⚖️ To those starting out in law, I’ll say: there’s room for everyone.

👩 And also for women: it’s a long and beautiful journey, where you can find a place whatever your age may be.

We also celebrate today,  the Universal Declaration of Human Rights. This is a short but essential text, as it contains, rights that are fundamental to every human being and that should be unquestionable under any regime or for any political decision. At Bennet & Rey we consider this declaration a guiding principle for our decisions and for our values ​​as a firm.

💜 Thank you to our clients (many of whom have become friends), our suppliers, collaborators, and colleagues. This anniversary is also yours.

I had the honour of being interviewed on Antena 3 TV’s special programme Hablando en Plata, hosted by Sonsoles Ónega, in an episode titled “Starting Over”. We discussed the phenomenon of “grey divorces” – separations after the age of 50, which are increasingly initiated by women.

As a lawyer specialising in family law and divorce, it was a valuable opportunity to share my experience and shed light on a growing reality.

📺 You can watch the full interview here:

https://lnkd.in/dWdBAyMU

Official Link: https://www.hablandoenplata.es/especiales/margaret-abogada-especializada-divorcios-divorcios-grises-suelen-iniciar-mujeres_2025091268c49240ca99f73feeefb933.html

At Bennet & Rey, we’re here to help you navigate these transitions with clarity and support.

Yesterday afternoon, 28th November 2025,  two British friends, Simon and Analie , arrived at Barajas Airport , and their experience illustrates how entry controls currently work for UK and third-country nationals entering the Schengen Area. This was the actual process they had to follow:

1) Digital form prior to the control
They had to complete an electronic form where they were asked:

• Expected duration of stay,
• Reason for trip (business, tourism)
• Can you prove where you’re going to be? (They both came to our house. Simon said yes because he had a copy of an email. Analie said no and had to show her passport to the police again and wait longer .) Bring a copy of your hotel reservation or an email from the owner of the house where you’re staying.
• Available financial resources (€1,020).

It is advisable to travel with access to an account with more than €1,000 and be able to provide proof of funds upon request (printed screenshot or online access). Although there is no single official amount, the police may request proof of sufficient funds depending on the duration of your trip and the country of entry.

2) Biometric control:
They went through a facial recognition machine , which compares the biometric data in the passport with the image taken at that moment. The current machine you are familiar with.

3) Final Police Check
Finally, an officer checked the passport , the consistency of the information and, if necessary, the supporting documentation.

This triple screening process is already the current standard at Barajas Airport for non-EU travelers. It will form the basis for the integration of the new European Entry and Exit System (EES), which will make these controls even more uniform.

If you are coming to Spain at Bennet & Rey Lawyers, we can help you.

[email protected]

On November 19, 2024, the Council of Ministers approved a new Immigration Regulation ( Royal Decree 1155/2024, of November 19, approving the Regulation of Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration ) in Spanish: Real Decreto 1155/2024, de 19 de noviembre, por el que se aprueba el Reglamento de la Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social.

This new law of Immigration Regulation represents a major reform in immigration law, and changes the previous law of 20211 and the modifications that have been made since.

At Bennet & Rey we are studying this Regulation with our pens and coloured markers, and we will keep you informed in more detail.

The new Regulation seeks to align Spanish legislation with European Union guidelines, and aims to simplify procedures, strengthen legal certainty and expand the rights of migrants. It also incorporates measures to combat fraud and labour exploitation.

 When does it come into force, i.e. when does it start to apply? May 20^th 2025, i.e. 6 months after its publication.

 New features of the new Regulation:

–A simpler visa and authorisation scheme is created.

– Initial residence permits will last for one year , while renewals will be extended to four years , which provides greater stability for both migrants and companies.

– The visa for job search is extended from three months to one year, making it easier for people to find a job suitable for their professional profile.

– Regarding residence based on roots, five types of roots are established: social, socio-laboral, family, socio-formative and second chance. Authorisations will initially be for one year, except for family roots, which will be for five years.

-Regarding family reunification : There is a new residence permit for family members of Spanish citizens. The age for reunited children is extended to 26 years old, and the possibility of including unregistered couples who prove a similar relationship is contemplated. The concept of a reunited family member is also extended to include children and parents of victims of trafficking, sexual or gender violence.

-People with study permits will be able to work up to 30 hours a week while they are studying, and a smooth transition to a work permit is facilitated upon completion of their studies.

At Bennet & Rey, we will keep you informed in more detail.

The Golden Visa is a residence permit in Spain designed to attract foreign investors. It is granted to individuals who make a significant financial investment in the country, whether in real estate, business ventures, or financial instruments.

At Bennet & Rey Lawyers, these are the most frequently asked questions from our clients:

1.What Types of Investments Qualify for the Golden Visa?

The most common qualifying investment is purchasing real estate (houses or apartments) worth at least €500,000.

Other options include:

• Investing over €2 million in Spanish government bonds.
• Making an investment of at least €1 million in shares of Spanish companies or bank deposits.
• Developing a business project deemed of general interest, such as creating jobs or having a positive social impact.

2.What Documents Do I Need to Submit the Application?

The key requirements are:

• A criminal record certificate from the country where you have resided for the last two years. This document often takes the longest to obtain.
  Note: Criminal record certificates must be apostilled (officially verified). We can help with the translation, but we recommend requesting this document early if you are considering applying for the Golden Visa.
• A valid passport.
• Proof of investment (property deeds, bank certificates, etc.).
• Health insurance valid in Spain.
• Evidence of the legal origin of your funds.
• A NIE (Foreigner’s’ Identification Number), which we can arrange for you.

3. Can You Help Me Find a Property Worth €500,000 or More?

Yes! At Bennet & Rey, we can assist you in finding a property, whether an apartment or a house.

If you cannot come to Spain, don’t worry: we can represent you and act on your behalf with a notarised power of attorney. This includes purchasing the property in your name.

We will provide legal advice, negotiate with sellers or buyers, prepare the deposit money agreement (contrato de arras), and handle the sale contracts.

We will ensure all necessary certificates and deeds are in order and help you manage taxes. We will coordinate with notaries, property registries, banks, and appraisers to make sure your investment is secure.

4.How Does the Golden Visa Impact My Family, and What Rights Does It Provide?

One of the key benefits of the Golden Visa is the ability to include family members in your application.

Golden Visa holders can extend it to their spouse, children under 18, dependent adult children, and dependent parents. Each family member must meet basic requirements, such as having no criminal record.

5.What Rights Do I Get with This Visa?
The Golden Visa allows you to:

• Legally reside in Spain.
• Work anywhere in the country.
• Travel freely within the Schengen Area without additional visas.

6.What Should I Know About the Application and Renewal Process?

The application process can be confusing for those unfamiliar with Spanish law. Here are some common concerns:

How Long Does the Process Take?
The estimated time is 20 business days from submitting all the required documents. However, times may vary depending on the complexity of the case.

How Do I Renew My Golden Visa?
The initial Golden Visa is valid for one year. It can be renewed for two-year periods as long as the investment is maintained.

Do I Need to Submit Another Criminal Record Certificate?
Usually, this is only required if the applicant has lived outside Spain since the last renewal. To avoid complications, we recommend obtaining a new certificate for each renewal.

7.What Happens If I Sell the Property or Withdraw My Investment?
You would lose the right to renew the visa. It is crucial to maintain the investment throughout the residency period

8.How Does Tax Residency Work, and What Are the Legal Implications?

Tax-related questions are common among our clients:

Does Becoming a Resident Automatically Make Me a Tax Resident?
Not necessarily. You are considered a tax resident in Spain if you spend more than 183 days per year in the country or have your primary financial interests based there.

What Taxes Will I Pay If I Buy a Property?
Real estate purchases are subject to taxes such as VAT or the Property Transfer Tax (ITP), depending on the type of property. You will also need to pay an annual Property Tax (IBI).

9.Can I Work in Spain?
Yes, the Golden Visa grants both residency and work authorisation. 

10.Can I Apply for Spanish Nationality?
Yes, but you must reside in Spain for at least six months per year. The general residency requirement for nationality is ten years, though exceptions apply:

• One year for those married to a Spanish citizen.
• Two years for nationals of Hispano-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal.

11.What Happens if the Golden Visa Is Discontinued in Spain?

The Spanish government has announced its intention to eliminate the Golden Visa for real estate investments, leading to these common questions:

When Will the Golden Visa No Longer Be Available?
There is no exact date, but legislative changes are underway. Investments meeting the requirements before the reform may be among the last to qualify. We believe applications will be accepted until December 31, 2024, though this is subject to confirmation.

12.What Happens If I Already Have a Golden Visa?
Current visas are expected to remain valid, potentially for up to eight years, as long as renewal requirements are met.

13.Why Hire Bennet & Rey Lawyers? What Do We Offer?

• Personalised Attention: We will guide you through every step of the process.
• Trust: We are certified lawyers, members of the Madrid Bar Association, and experts in immigration law and in real estate.
• Time Savings: We handle document gathering and ensure all paperwork is in order.
• Representation: If you cannot travel to Spain, we can represent you with a notarised power of attorney.
• Multilingual Support: We speak Spanish and English to make you feel comfortable.

Contact us at [email protected] or visit bennetrey.com. We’re here to help you, every step of the way!

On November 14, the Spanish Congress approved a new law that included the repeal of the articles of Law 14/2013 on Entrepreneurs, which allowed the application for the Golden Visa. In other words, the Spanish Congress approved the elimination of the Golden Visa.

Now, this new law has to go through the appropriate parliamentary procedures, it needs the approval of the Senate, which has to approve it, and subsequently the law will have to be published in the BOE (Official State Gazette).

Once the law is published in the BOE, three months later, the law that eliminates the Golden Visa will begin to enter into force. We believe that we will have three months from the publication to continue requesting Golden Visas, a period that will end with the entry into force of the law.

We do not know the exact date, but we believe that it will be published before December 31, 2024, coming into force 3 months later. We recommend, however, doing so as soon as possible.

Please note, as we have told you, these are approximate dates, so take them with caution .

We advise you to take advantage of this last period to apply for the Golden Visas as soon as possible and, if you know someone who wants to apply for this visa, to inform them that they have little time to apply for it, but that they can still do so. We advise doing it as soon as possible.

At Bennet & Rey, we will keep you informed.

If your flight is delayed the European law 261/2004 establishes a list of minimum compensation:

After two hours the company must offer you food and drinks free.

After three hours you have the right to financial compensation between 250 and 600 euros. (It depends on the length of your flight. You have a right to 250 euros in short distance flights of less than 1,500 km.)

If the delay is for more than 5 hours, and you decide not to continue with the flight, you have the right to compensation:  the cancellation of the flight and the return of your payment. If you are in an airport to transfer to another flight you have the right to be taken back to your starting point.

If the circumstances have been caused by something out of the ordinary such as a terrorist attack or weather problems etc, they will not give the compensation. But note that there is a sentence of the European Court from April 2018 which indicates that strikes of employees of airlines are not considered as “extraordinary circumstances”.

If your flight is cancelled: the airline is obliged to offer you the cost of the ticket and return you to your starting point, or to take you to your final destination by a similar means of transport. Also food and drink must be provided depending on the length of the delay, and a hotel if you have to spend the night somewhere while waiting for the situation to be resolved. As far as the compensation goes, the amounts due are similar to those for delays.

And if they damage or lose my case?  You have right to receive up to 1,300 euros . You will need to provide proof of the damage and/or losses.

How do I apply for all of this?

To begin with (and if it is possible) we recommend that you go immediately to the counter of the airline with the ticket, either printed or on a mobile, and make your request. If it is not possible, we recommend that you use the web pages of the company to request this type of assistance.

This is not a simple matter but certainly a very interesting one from the point of view of international family law – an area in which Bennet&Rey are specialists and which definitely interests us. We would like to explain it in some detail, although it is rather complicated!

To summarise and to talk in general terms without going into specifics, – which could alter this, general information – you should go to the courts where the children have their normal home.

How do I know what counts as “their normal home”? That will be understood to be the place where they have lived more than 3 months, with other circumstances possibly relevant such as their being at school – and of course it depends on your not having taken the children illegally from their previous country of residence.

You must bear in mind that this is all about parental responsibility.

Since August 2022 the recent European regulation: EU 2019/1111, Brussels II-TER,  from the Council of Europe on the 25th June 2019 (which replaces the regulation EU 2201/2003-03- Brussels II-Bis) is applicable in Spain.

 The previous regulation (EU2201/2003) needs to be applied alongside the Hague Convention of 1996. Coordinating these two international measures has turned out to be complicated, in particular with regard to the rules of international judicial competence. But with the new reform in Regulation 2019/1111 and the Hague Convention 1996 for protection of minors, one general rule was formed concerning the international judicial competence with regard to the normal residence of the minor.

As a result, the place of residence of the minor has become a basic tool for deciding on international judicial competence.

If the minor or minors are in Spain, European regulation EU2019/1111, along with what is indicated in Article 97 will apply; but if the minors are in some state which comes under the Hague Convention and which is not a member of the European Union, the Hague Convention will apply, which strengths the protection of such minors.

At Bennet &Rey we welcome this double judicial protection with reference to minors.

Given the complexity of working out judicial competence, we recommend that you get professional advice before taking a decision. We will be pleased to help you in this. We recommend that you get professional advice before taking a decision. At Bennet & Rey, we will be pleased to help you in this.

This is a question which we are often asked. Until 2015 a divorce was not possible with a notary, and any divorce which was not mutually agreed or was contentious had to be resolved in the courts. But under law 15/2015 (passed on July 2^nd 2015) which regulated voluntary jurisdiction and came into force that every year, there was an important change: notaries could oversee a divorce as long as certain conditions are met. Therefore our reply is:

“Yes, you can divorce in the presence of a notary but only if the following conditions are met:”

–You need a lawyer as it cannot be done without the presence of a lawyer. Therefore you must find one, and you will need to have an agreement which has been drawn up according to the terms of Article 90 of the Civil Code

–The divorce must be by mutual agreement: i.e. you have to reach an agreement which you then put in a formal document. (If there is no agreement, you will have to go to a court.)

-More than three months must have passed since you were married.

-You can only do it if all the children of the marriage are older than 18, and there are no children with disabilities.

–Or you don’t have children.

-The competent notary is registered where one of the spouses is a resident.

How do I do it?

-You’ll have to find a lawyer to draw up the legal agreement for the notary to accept. When the agreement has been made, the lawyer will take it to the notary. It must be prepared carefully as the notary may reject it.

-If the notary accepts it, the notary’s office will fix a date for signing the divorce or separation, which will be recorded in a public deed/contract (the “escritura”) and which will contain the agreement which lays down the terms of the divorce.

-Once the contract has been signed by all parties, the notary will send it to the central civil registry.

The easiest thing always is for there to be an agreement between the parties. However, reaching an agreement normally turns out to be more complicated and needs advice and often the mediation of a lawyer.

If you have decided on a divorce and you want to do it following this process, please contact us.

At Bennet & Rey we shall be pleased to help you.

This is a situation which we have faced in our office as we are specialised in international family law: we put in a claim for divorce before a Spanish court and our client discovers that one has already been presented in some other country. The obvious question is: which is the valid claim: the Spanish one or the one in the other country?

According to Spanish law there is a legal process to solve this problem which is an “Excepción Declinatoria” (Challenge regarding Authority) which we use for these cases – as long as it is in our client’s interest!

So what does it involve? It’s a process to investigate possible reasons for “excepción” to determine whether the Spanish courts should be involved. If it is in our client’s interest, we will use it to say in the Spanish court that there is another claim already in progress in another country and that perhaps the Spanish court is not competent. This intervention then delays the divorce procedure in Spain until it is resolved by the Spanish Court.

So, who has priority? In general terms if a claim has been made in the court of some other country before the one, we make in Spain, the court in that country will have the right to act. But it is not quite so simple: for example if minors are involved, the rules of The Hague Convention will have to be taken into account; and also if those involved are European citizens.

This “excepción procesal declinatoria” has a time limit, and so we have to make sure that the request for it, is made within that time, and if we are defendants in a civil court in the written reply to the claim. It is then resolved by means of a judicial document called “Auto” which will decide whether the “excepción procesal declinatoria” is valid or not. When a response to the hearing has been made which resolves the dispute, there is then no right of appeal.

We hope that this has clarified the situation a little.

At Bennet & Rey we are experts in international family law and we will be pleased to help you in a matter of this kind. Please do not hesitate to contact us at: [email protected]

As lawyers we wish, as far as is possible, to EMPHASISE the danger of damage being done by the Taliban regime to rights included in the Universal Declaration of Human Rights adopted and proclaimed by the General Assembly of the United Nations on 10th December 1948. We also DEMAND:

-That those rights be respected in the case of women in Afghanistan.

– And we, citizens, and our politicians be prepared for the humanitarian crisis migration which probably is going to happen and that we all welcome in our countries our brothers and sisters from Afghanistan who decided to migrate.

What would happen if these days a group of men – say, Luis, Peter, Alfred or William – were denied the possibility of going to school, of studying in college or of being financially independent? And what if they were not allowed to give evidence in court, be active in the media, or even leave their homes on their own?

This could be happening to Fatima, Melissa, Delila, Amira, Farah, Yosefa, and Zurah – Afghan women now living under the Taliban – unless this régime should respect the rights that they have recently been able to enjoy.

At Bennet & Rey – although we have great respect for all religions and beliefs – we are certainly very concerned at the advance of Taliban forces and power, in particular because of the suppression of fundamental rights which this regime seems likely to impose with regard to one particular group of human beings, namely women.

And although there have been some initiatives and broad international support challenging this threat, we would like to see much more happening. We see public opinion as a fundamental source of pressure on this regime.

We are always being asked questions like this in our office: what is a NIE? What’s a TIE? If I have one, do I have the other? Is a TIE the same as a NIE?

At Bennet & Rey we are always here to help! So we’ll try to explain.

What is a NIE?

NIE (NÚMERO DE IDENTIFICACIÓN DE EXTRANJERO – “Identity Number of a Foreigner”)

It is your identification number – in Spain everyone is identified by an official, unique number.

What number will I be given  as a foreigner?

It will be a letter, followed by seven numbers, then another letter at the end: e.g. : X 0299991 Z, or Y 0203456 M

And if someone is Spanish?

If you are Spanish, you have eight numbers followed by a letter: e.g. 50777333B

Is it true that there are two different types of NIE – for residents and non-residents?

Yes, it’s true.

What is a non-resident NIE?

You need it if you do not live in Spain but you want to be involved in some kind of financial activity – e.g. buying a house or giving money to your children. To obtain this you have to apply for a non-resident NIE. This will then let you make individual transactions, BUT it does not allow you to be resident in Spain.

It consists of a piece of white paper, with no photo!

What is a resident’s NIE?

When you apply to live in Spain the authorities give you a NIE number (unless you alrady have one!).

Is the format of the number the same as for a non-resident NIE?

Yes. (So, if you apply for a non-resident NIE and later change it to a resident’s NIE,  the number stays the same.) The difference is that with the non-resident number you cannot live in Spain. With the resident’s one, you can!

Will my NIE always be the same? Yes.

We hope that it’s clear what a NIE is!

TIE  (TARJETA DE IDENTIDAD DE EXTRANJERO – “Identity Card of a Foreigner”)

What is a TIE?

It is a card. It is the physical proof of your NIE as a resident – a plastified card (or previously a piece of paper or a card) where your TIE is printed. If you are not a resident, you just have the piece of paper – no TIE, no card!

What is there on a TIE?

Your TIE will have your photo, your basic personal details, a registry number (top right) and your NIE number.

Is there any difference between the TIE card of UK citizens after Brexit and those of other foreigners?

The TIE of a UK citizen will say that it is subject to the BREXIT agreement, and it will have a photo for identification purposes. It looks rather like a driving licence.

By the way you now don’t need to carry your passport for purposes of identification in Spain. Your new TIE will do!

Remember: ‘TIE’ begins with T – because it is a Tarjeta!

We hope that this helps! At Bennet&Rey we are here to help you!