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 €)

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: 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

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.

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.

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.

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.

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

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

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

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

How Spanish courts decide child custody?

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

Spanish courts will evaluate several factors, including:

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

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

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

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

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

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

Can a parent move abroad with the child?

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

The judge will consider factors such as:

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

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

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

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

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

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

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.