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

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

Divorce does not always end the conflict.

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

This may happen in many ways.

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

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

You are not powerless.

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

1. Start by identifying the problem clearly

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

Is your ex:

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

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

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

2. Check what the divorce judgment or agreement actually says

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

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

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

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

The legal question is:

Are they breaching a specific obligation?

If the answer is yes, action may be possible.

3. Keep evidence

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

You should keep:

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

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

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

For example:

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

or

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

This creates a record without escalating the tone.

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

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

This can be relevant where there is:

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

The purpose of enforcement is not to renegotiate the divorce.

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

5. What if the problem concerns the children?

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

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

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

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

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

6. What if your ex is not paying maintenance?

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

You will usually need:

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

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

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

7. Should you send a formal legal notice first?

In many cases, yes.

A formal legal notice can be useful because it:

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

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

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

This is important.

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

It may be better to:

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

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

It is the one most likely to solve the problem.

9. What if the original arrangements no longer work?

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

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

For example:

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

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

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

10. International families: extra complications

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

There may be issues involving:

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

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

Conclusion

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

But the right legal response depends on the facts.

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

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

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

Send us an email: [email protected]

or click here to book a consultation with a lawyer

Buying Property in Spain Through a Company: Pros and Risks

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

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

One question we are often asked is:

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

The answer is: it depends.

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

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

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

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

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

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

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

2. Possible advantages of buying through a company

Asset separation

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

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

Business use or rental activity

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

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

Easier transfer of shares in some cases

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

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

Succession and estate planning

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

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

3. The risks of buying through a company

It may not save tax

This is the most common misconception.

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

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

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

Additional accounting and compliance costs

A company usually involves more administration than personal ownership.

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

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

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

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

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

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

Financing may be more difficult

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

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

Selling the property may be more complex

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

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

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

4. Spanish company or foreign company?

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

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

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

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

5. When buying through a company may make sense

Buying through a company may be worth considering where:

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

Even then, proper legal and tax advice is essential.

6. When personal ownership may be better

Personal ownership may be simpler where:

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

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

7. Our practical recommendation

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

1. What is the real purpose of the purchase?

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

2. What will happen in five or ten years?

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

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

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

Conclusion

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

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

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

Thinking of buying property in Spain?

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

Send us an email to: [email protected]

Click here to book a consultation with a lawyer

Five Phrases That Make a Lawyer Nervous

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

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

Very often, they begin with ordinary sentences.

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

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

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

Not because lawyers are dramatic.

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

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

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

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

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

A written agreement is not a sign of mistrust.

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

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

 

2. “It’s just a little signature.”

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

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

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

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

What exactly am I agreeing to?

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

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

 

3. “I found a template online.”

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

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

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

A document that looks professional is not necessarily legally safe.

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

 

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

Sometimes they are right.

Very often, they are not.

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

What worked for one person may not work for another.

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

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

The question is not whether the other person means well.

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

Very often, it is not.

 

5. “We’ll sort it out later.”

This may be the most dangerous phrase of all.

Later is when the relationship has broken down.

Later is when the property has already been bought.

Later is when the money has already been transferred.

Later is when the other party has changed their mind.

Later is when the deadline has expired.

In law, timing matters.

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

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

The Bennet & Rey Lawyers,View

Good legal advice is not only about going to court.

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

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

Not because everything is a problem.

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

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

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