Divorce in Spain

[john the baptist]

Hi my young cousin (younger than me we are all getting old) has had hi wife leave him in Spain with their teenage twin girls.

They bought their house near Marbella about 20 years ago and although he was the the worker and she was the house wife the name on the escritura is obviously in both of their names.

To make things simple they did a "John Lennon" and had a civil service in Gibraltar which was great. However his wife has gone back to her home town which is Douglas on the Isle of Man.

He is obviously very worried as she cleared out the joint bank accounts and joint financial assets before they left as it was done whilst he was away on a business trip (very ironic as he was employed by her father in law) with a cliche dear john letter waiting for him when he returned.

Also out of spite she threw away most of his person possessions when secretly arranging with the removers to ship her and the twins things back to the isle of man.

He has yet to hear from her as its going to be very complicated, firstly he was initially told that the divorce will have to start at the IOM as that is where the kids are and where she will get money for them (not sure that correct). However they were actually married in Gibraltar so can a British Isle have authority to order or administer the divorce from a British over seas dependent like Gibraltar.

She actually comes from a very wealthy family so already has a house etc and plenty of tax avoidance family dividends to get by with her middle class lifestyle.

The issue is my cousin who is now very very cash poor and no longer employed at his work was in relation to the IOM company on her side of the family is still living in the family home in Marbella and has no other family nor does he want to go back to England after 20 years in Spain.

I know obviously this is for a divorce lawyer to thrash out but he is stressing and still waiting for an answer on her side. As a result of Brexit will he a Spanish court recognize an IOM divorce petition or even one from Gibraltar??

Now she is no longer a Spanish resident does she have the right to use a Spanish lawyer to get a Spanish divorce for her half of the house and can Spain divorce a Gibraltar married couple and grant her any due to her IOM status.

My cousin unfortunately does not have access to the the twins but hopes to see them in a year or so when they are 18 and covid has hopefully gone away so they can spend summer holidays with him in marbella with their Spanish friends???

Has anyone had anything similar happen to them or know anyone who has. My cousin is so depressed of losing everything especially the kids and the reality is that she has left him for someone else living in the isle of man. He unfortunately has suffered a nervous break down and has had a heart attack and now is officially disabled in Spain due to depression and poor health with disability grade of 42%.

We all continue to try to cheer him up but im scared hes going to do something silly as the thought of being homes and broke will push him over the edge.

thanks in advance for any advice

a very concerned John B

[katy]

Gibraltar marriages are recognised internationally. I know a couple who divorced in UK and Spanish house was split legally. Probably an international Lawyer would be best to use.

[elusive]

If he cant afford to pay a lawyer/gestor to sort it out then perhaps contact citizens advice bureau spain. They have or can recommend lawyers etc who would be able to help where someone doesnt have the means to pay the normal rates.

[Lavanda]

I got married in Gibraltar in a civil ceremony 17 years ago. It is legally recognised everywhere. That bit I know but I am not sure about the divorce bit.

I hope your cousin come to terms with what has happened and stops stressing. These things can sometimes take a long, long time to sort out …

[Pamela1]

Maybe the worst that can happen is the house will be sold, however if he is cash strapped then the house sale would help him out financially and he could go on to rent somewhere and start to build a new life again.

[john the baptist]

thanks everyone for their advice i was hoping as he has a disability grade as Spanish judge will not evict him from his house or make him sell it. If they do inform the sale can they dictact the price or would the town hall value (IBI) will be good enough to put it on the market. His wife was trying to sell it for half what he paid originally but if its legally forced at market value finding a buyer could take years which to him is a good thing.

i understand that Gib wedding contracts are legal but would the divorce have to come from Spain or the IOM???

cheers JB

[katy]

One of many on google.

https://www.kingsleynapley.co.uk/insigh ... re-married

[Pamela1]

I don't think the wife would have the full authority to just sell it for a song, she only owns half of it so wouldn't both parties have to sign!

[Manchesteral]

I really don't know the answer to this but I do have a general question, if one gets married in Gibraltar can one be divorced in Spain in my ignorance I would imagine that if you were married in Gibraltar then you would need to be divorced there (or British soil anyway) !

[Lavanda]

If a marriage is internationally recognised as legal I would suspect a divorce can be obtained in which ever country the people live.

[john the baptist]

this is my point i live in spain in the house and they are in Douglas the capital of the isle of man, so will a spanish court force me to sell when there is no post brexit agreement even though the IOM is a autonomous country.

[Pamela1]

I think you should consider seeking out an international lawyer, perhaps you may get a free half hour appointment, i don't know if they do those in Spain but you could google lawyers in your area and make some calls, make a list of questions prioritising the ones you seek answers to the most and go from there.

[katy]

Agree according to Google you can get divorced in most countries. Don’t see what Brexit has to do with it. Russians divorce in London.

[Lavanda]

Katy is right. Some American millionaires' wives get divorced in England if they think the courts would give them a more favourable financial settlement there. However, Pamela is probably giving the best advice. Your cousin needs legal advice.

[john the baptist]

ok thanks you everyone for your help.

[Cádiz]

Each time i see your profile i think of this...
https://www.youtube.com/watch?v=hE_nbrW5cMU

[john the baptist]

cheers but ive never heard of them nor that sound. but i do look like both the woman and the man in the link.

john the Baptiste

[Lavanda]

[Peril]

Why doesn’t your cousin divorce her in Spain? Before she divorces him him wherever. He might do better out of the whole process if he is the applicant/ plaintiff in proceedings.

[Cádiz]

cheers but ive never heard of them nor that sound. but i do look like both the woman and the man in the link.

john the Baptiste

He has being a successful British singer/songwriter for about 40 years... passed away a few years ago... never heard of her until i sent the message...