Divorce in Spain

[daveboy]

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.

perhaps he cant afford the legal fees

[john the baptist]

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.

My cousin does not have contact with his wife, by him starting the divorce in spain he would be making himself homeless immediately, the courts will split the property 50 50 and as he has not got the half of the iBI valuation the house would go to auction and could be sold for anything 50,000 euros for example.

[Lavanda]

Depending on the age, health and family situation of your cousin maybe he should consider just walking away. These sorts of messy problems can eat up years of life and never get resolved satisfactorily leaving a bitter taste in the mouth that never goes.

I walked away from my first marriage and, not content with the house and contents plus money in the accounts, my husband sued me in the courts for maintenance (long story). Luckily the judge could see what a controlling, bullying, work-shy piece of work he was and actually awarded me a sufficient percentage of the assets so that I could buy a small house for myself. However it took FOUR years. During that time it seemed to me that part of my life was 'on hold' but I did go back to University and get a degree so I 'got a life'.

Alternatively, can you, or another family member, loan him the half of the IBI?

[Pamela1]

Can your cousin not contact his wife, or make a big effort to do that.This sitting back worrying and not knowing will not be doing his mental health any good..In the end something will have to give and avoiding it will just make things go on longer and he will not start to move on...Talk to her, write to her..come to an agreement about the house..agree to sell it for the best price, that way both sides can be happy and maybe your cousin will have enough money from his share to start over and live again...

[Lavanda]

Good points, Pamela. Also, if the cousin has lived in Spain for 20 years with a wife and teenage children I assume the children are Spanish nationals. Can the wife just take these children out of the country? What about the husband's visiting rights and the children's right to live in the country in which they were born and whose language they speak and customs they know? What do the children want?

I don't really understand some of this but some free legal advice still sounds pretty vital to me.

[Pamela1]

How does anyone get teenage children to agree with just packing up and leaving their home/life/ parent without a bye or leave...Did they even know what was happening? Or did they think they were just going on hol to IOM to see relatives.... If i remember rightly the wife left just a note...There is much i don't understand also, circumstances etc ...take Lavandas advice, the free legal advice will be the best way forward..

[elusive]

Good points, Pamela. Also, if the cousin has lived in Spain for 20 years with a wife and teenage children I assume the children are Spanish nationals. Can the wife just take these children out of the country? What about the husband's visiting rights and the children's right to live in the country in which they were born and whose language they speak and customs they know? What do the children want?

I don't really understand some of this but some free legal advice still sounds pretty vital to me.

The kids will be british if the parents are. And they are teenagers so i guess any visitation arguments comes later. If the girls want to be with their mum they will just go with her

[john the baptist]

Good points, Pamela. Also, if the cousin has lived in Spain for 20 years with a wife and teenage children I assume the children are Spanish nationals. Can the wife just take these children out of the country? What about the husband's visiting rights and the children's right to live in the country in which they were born and whose language they speak and customs they know? What do the children want?

I don't really understand some of this but some free legal advice still sounds pretty vital to me.

children take the nationality of their father than mother in spain if they are married so they are British not spanish. With Brexit Brits can no longer simply move over there are alot of conditions and financial guarantees to live in spain now.

[john the baptist]

How does anyone get teenage children to agree with just packing up and leaving their home/life/ parent without a bye or leave...Did they even know what was happening? Or did they think they were just going on hol to IOM to see relatives.... If i remember rightly the wife left just a note...There is much i don't understand also, circumstances etc ...take Lavandas advice, the free legal advice will be the best way forward..

the mother brain washed then in a way as she was suffering depression and they would do anything she said. the Spanish dream of the 90s and 2000 has become an nightmare for millions. the economy really is in the toilet and the brexit changes and opportunities with Gibraltar has whittled away.

[Lavanda]

Maybe your cousin needs family advice as well as legal advice.

[john the baptist]

Maybe your cousin needs family advice as well as legal advice.

Maybe hes up the costa so ill let me know as i speak or see him every day and see who we can find. As a family he wont be flying anywhere or seeing his family or wife/exwife.

[Cádiz]

Good points, Pamela. Also, if the cousin has lived in Spain for 20 years with a wife and teenage children I assume the children are Spanish nationals. Can the wife just take these children out of the country? What about the husband's visiting rights and the children's right to live in the country in which they were born and whose language they speak and customs they know? What do the children want?

I don't really understand some of this but some free legal advice still sounds pretty vital to me.

children take the nationality of their father than mother in spain if they are married so they are British not spanish. With Brexit Brits can no longer simply move over there are alot of conditions and financial guarantees to live in spain now.

[Cádiz]

Are people everywhere not automatically citizens of where they were born...

You said in OP kids 17 so they will decide unless as you say they were brainwashed.... teenagers just want to be where its at...

[john the baptist]

In Spain to stop all the black pregnant women coming over and staying, a child takes the nationality of the father then mother. The baby is given birth information and discharge from hospital with additional information and you have to register the child at your nearest registry with the information within a certain period of time cant remember now as we did it the immediately but its either 2 weeks or 30 days, you dont have to give the fathers name but if you do he comes first. if not its the mothers nationality.

After 13 LEGAL years in Spain anyone has an automatic right for citizenship but its now very expensive and involves written exams in Spanish and you have to give up your British citizenship and passport. There are criminal checks both home and internationally and i assume the swear in ceromony you have to confirm your loyalty to the King and the constitution.

[Wicksey]

Are people everywhere not automatically citizens of where they were born...

You said in OP kids 17 so they will decide unless as you say they were brainwashed.... teenagers just want to be where its at...

As I understand they are not. I have a friend born in Germany when the father served in the British army there but he is British. Otherwise, anyone who happened to be abroad when being born, intentionally or not, would be able to claim citizenship in that country.

[Lavanda]

That is as I understand it, Wicksey. My parents are German and still were when I was born in the UK. I was automatically a UK citizen. My parents because British citizens when I was five. People born on an aircraft, midair, take the nationality of the airline. Apparently.

[Pamela1]

My understanding where a child is born in Spain to British parents or parents of a different nationality then as long as the parents are registered and living legaly in Spain..they can apply for Spanish citizenship for their child after one year..

Not exactly on topic but these things do tend to evolve based on the original subject..All kind of connected..

[Cádiz]

Are people everywhere not automatically citizens of where they were born...

You said in OP kids 17 so they will decide unless as you say they were brainwashed.... teenagers just want to be where its at...

As I understand they are not. I have a friend born in Germany when the father served in the British army there but he is British. Otherwise, anyone who happened to be abroad when being born, intentionally or not, would be able to claim citizenship in that country.

My thinking was based on the thinking the parents of the child be tax resident in whatever country...

[daveboy]

this has gone a bit haywire now.

[Cádiz]

why do you say that...it was OP who mentioned citizenship...