Rafael Berdaguer, at home in his office in Marbella © Michelle Chaplow |
|
Rafael Berdaguer, Lawyer in Marbella
Page Sponsored by Rafael Berdaguer Abogados
In this interview, Rafael Berdaguer, the founding partner of a Marbella law firm, discusses its focus on international clients and the expertise offered in real estate, family law and taxation for foreign investors. Rafael also gives us an insight into some of his favourite places in Andalucia.
Andalucia.com: Founding Rafael Berdaguer Abogados in Marbella in 1987—what inspired you to start the firm in this coastal city, and how has Marbella shaped the firm's identity?
Rafael Berdaguer: I was born in Marbella and have ever since observed the development of Marbella as unique place to come to visit as tourist, to become a resident and specially to invest in real estate property or in any kind of business.
AC: With over 40 years of helping international clients, especially in property investment, how does your local knowledge of Marbella and Andalucía differentiate your services?
RB: Our main asset is the experience developed in the more than 40 years advising foreign clients in their property and businesses investments in Spain. We have accumulated a big data base of cases and when we have a new one, we have the necessary resources to resolve similar issues in the smoothest way possible.
Rafael Berdaguer Abogados is a Marbella law firm, with experts in real estate and family law in Spain.
AC: Your firm covers areas such as property law, company law, and taxation for non-residents. Which service do you feel is most in demand among foreign residents and non-residents?
RB: The assistance in real estate transactions is the main demand in the area together with any complementary services such as drawing up Spanish Wills, winding up Estates, taxation on Real Estate and for those who decide to come and work or live in Spain we will advise them in the necessary permissions and authorisations required to do so.
AC: As the founding partner, how do you ensure that the high standards and company ethos established in 1987 are maintained today?
RB: We have from the beginning of our practice set the bar on the way we provide our services very high, always observing our deontological code of conduct. I started in a Law firm in the city of London and I learnt the business approach and what the demands and expectation from an international client are, and this is something which has helped us have many happy clients since we started our practice.
 Rafael Berdaguer, attending to clients |
|
AC: Other partners and team members bring additional specialisations. How does their expertise expand the firm’s services?
RB: We try to give an overall service to the clients so that these do not need to go door to door to be served in all their needs. Thus, we have as complementary services to our real estate clients, the services of our economist who will advise them in all the taxation and accounting requirements.
AC: Your team also includes associates skilled in litigation, family law, immigration, and taxation. Could you highlight an interesting case?
RB: We also have litigation specialists should the need arise, although with the experience accumulated, we try to find alternatives means to resolve the conflicts to avoid litigation. We also count with experienced mediators to resolve conflicts. For those clients who decide to come and work or live in Spain we will advise them in the necessary permissions and authorisations required to do so. Although, as we say, we try to avoid litigation, in this field we can claim to have been able in various occasions to make null and void registration of title of ownership in the name of persons acquiring properties from our clients in public auction when the latter had not been served the initial case. The clients in these cases could not believe the outcome but when we come to exercise our clients right of judicial tutorship, we are there to defend them and resort to all precedents of the Courts to support our case to satisfactory resolve same.
 Rafael Berdaguer's team © Michelle Chaplow |
|
AC: How do you coordinate between partners and associates to offer a seamless service for a client buying property and applying for a visa?
RB: We are a small practice and therefore communication between the different members of the team is permanent and we can coordinate the different services provided to our clients in a timely and efficiently manner.
AC: Many of your clients are relocators or seasonal residents. In what ways do your immigration and tax services help them settle into Spanish life with confidence?
Rafael Berdaguer Abogados is a Marbella law firm, with experts in real estate and family law in Spain.
RB: The most typical type of VISA demands is the NLV (Non lucrative Visa) for those clients who simply want to reside in Spain and are not UE members. We also receive engagements from clients who want to set up a business in Spain for which we advise them of all requirements before they come and the likelihood of obtaining the necessary residence and work authorisation or simply are digital nomads trying to reside in Spain and remotely work from Spain. For them we give them advise as to how to obtain the DNV (Digital Nomad Visa) and what the requirements to achieve the residence and work permit are.
AC: Over the last three decades, Spain has introduced complex legal frameworks. How has your firm stayed ahead of these changes for foreign investors?
RB: We as a firm of lawyers have to constantly review all new legislation implemented and attend to conferences, seminars to update our knowledge and recycle. We also subscribe to the best legal data base to have the latest changes updated and to receive the most recent resolutions from the Spanish Courts in the matters we deal with. There is no alternative to this approach.
AC: You maintain good contact with international legal and accounting networks. How does that benefit your clients in Marbella and the broader Andalucía region?
RB: We have during more than 40 years in practice belonged to international legal and accounting networks which have helped our foreign colleagues to refer clients to us and the other way round, this is an added value to the service provided to our clients of which they benefit.
AC: Looking ahead, how is Rafael Berdaguer Abogados evolving? Are there new services or areas of focus tied to changes in the legal or lifestyle landscape of southern Spain?
RB: We at our firm believe that we have to face the changes in the way services are provided to our clients and this involves to adapt to the new legal demands aimed to provide more security to the clients in their transactions.
 The main office on Avenida Ricardo Soriano |
|
AC: What advice would you give to anyone considering moving to Andalucía?
RB: We are of the opinion that the clients come to Andalucía attracted by the heritage left by so many different civilisations and which can be experienced when travelling, visiting sites, town and villages. They should impregnate by the cultural legacy, enjoy the unbeatable gastronomy and prepare themselves to immerse in a different approach to life. To achieve this, I recommend that they learn Spanish as that will keep them tuned with what is going on. We will take care of the legal side meanwhile they enjoy the pleasure of Spanish life.
Questions about Andalucía
AC: Could you tell us more about your family's winemaking tradition in Cádiz, and how that heritage has influenced you personally or professionally?
RB: I have been lucky to have been born in a family who has devoted more than two centuries to the winemaking. Apart from enjoying the pleasure of tasting the magnificent wines which are grown in our wineries, I have been in the past being a member of the board of directors which have given me a good experience which I have used when advising clients in their business affairs. I highly recommend a visit to our wineries, “Barbadillo” in Sanlúcar de Barrameda (Cádiz) to watch what is behind a glass of our wines.
AC: Not many people know that you have a deep equestrian passion, especially for breeding Spanish Purebred (PRE) horses. Tell us more.
RB: From early in my childhood, I have felt attracted by horses. In the early part of this century, I started to ride in the evenings and I started breeding PRE horses as what can make you prouder than riding horses bred by yourself. We at Yeguada Ardite love the horses, we take care of them since they are born till they leave our farm. Dressage is the discipline I practice which keeps me fit physically and mentally as you cannot go on a horse if you do not have mental and physical balance. I recommend to anyone to do something that is rewarding to your body and mind every day and I achieve this handling and riding my horses.
AC: Do you ever ride your horse and contemplate a legal case?
RB: Absolutely no. Horses have the ability to make you swap screen and leave worries and problems aside for a while. This is the purposes of being with horses to enjoy them and receive the necessary energy to deal with problems and cases on the next day.
AC: What is, for you, the best time of year in Andalucía?
RB: I like really all seasons although I must admit that summer is becoming a little too long with the climate change.
AC: What is your favourite restaurant or tapas bar in Marbella?
RB: I love “La Relojera” at the fishing harbour in Marbella. There, you can enjoy fresh fish and sea food whilst breathing the sea air.
AC: Do you have a favourite Andalusían ingredient or special dish?
RB:I love the seafood and fried fish accompanied by local tomato salad and a good glass of “Barbadillo”.
AC: What is your favourite place to escape to in Andalucía?
RB: Being all day busy from dawn to dusk, I like to relax a few days by the sea at Tarifa in the hottest days of the summer.
AC: Tell us, in five words, what Andalucía means to you.
RB: Andalucia is a jewel. It is a melting pot where the way and philosophy of living, the culture, the gastronomy, uses and customs of so many civilisations are deposited. It is a privilege for any person to have the opportunity to come and live in Andalucía. I am proud to be one of them.
Rafael Berdaguer Abogados is a Marbella law firm, with experts in real estate and family law in Spain.
Opening hours for Rafael Berdaguer
Monday to Friday - 8:30 am until 2 pm
Saturday and Sunday - closed
Contact information
https://berdaguerabogados.com
Tel: (+34) 952 82 30 85
Office Location
Avenida Ricardo Soriano, 29, Edificio Azahara Oficinas, 4th floor, 29601 Marbella, Malaga Spain