Tag: Family Law Spain

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

Written by Margaret on 9 June 2026. 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…”

“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

Five Phrases That Make a Lawyer Nervous

Written by Margaret on 2 June 2026. 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.

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

Written by Margaret on 19 May 2026. Posted in International Divorce.

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

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

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

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

1. Not all divorce proceedings are the same

The answer depends very much on the type of proceedings.

It is not the same if the case involves:

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

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

Therefore, the first question should not only be:

“Am I legally required to attend?”

But also:

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

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

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

There may be many reasons:

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

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

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

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

Not attending does not usually stop the proceedings.

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

Your absence may have consequences such as:

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

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

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

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

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

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

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

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

5. Can only my lawyer attend on my behalf?

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

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

Why?

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

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

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

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

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

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

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

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

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

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

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

The recommended steps are:

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

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

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

Not always.

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

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

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

Conclusion

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

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

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

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

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

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

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

Send us an email: [email protected]

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

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

Written by Margaret on 13 May 2026. Posted in Divorce in Spain, Family Law, International Divorce.

International couples often ask us the same question:

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

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

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

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

When Can You Divorce in Spain If You Live Abroad?

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

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

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

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

Can the Divorce Be Managed Remotely?

In many cases, yes.

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

Depending on the case, you may be able to:

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

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

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

Mutual Agreement Divorce from Abroad

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

This may include agreement on:

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

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

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

Contested Divorce When You Live Abroad

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

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

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

In these cases, early legal advice is particularly important.

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

Where is the best place to start the divorce proceedings?

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

What Documents May Be Needed?

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

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

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

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

Do I Need to Travel to Spain?

Not always.

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

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

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

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

Why Legal Advice Matters in International Divorce

International divorce is not only about ending a marriage.

It may also affect:

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

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

How Bennet & Rey Can Help

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

We can help you:

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

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

Thinking About Divorce in Spain While Living Abroad?

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

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

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

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

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

or book an appointment, clicking here