# Judicial Separation in Spain



## mcspluf (Jul 18, 2012)

Hi,

Has anyone had the misfortune to have to file for Judicial Separation in Spain? If so, can anyone offer any advice about how to go about doing this? And if anyone learned anything else they think I should know from their experiences/mistakes, I would be very grateful.

Many thanks,


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## xabiaxica (Jun 23, 2009)

mcspluf said:


> Hi,
> 
> Has anyone had the misfortune to have to file for Judicial Separation in Spain? If so, can anyone offer any advice about how to go about doing this? And if anyone learned anything else they think I should know from their experiences/mistakes, I would be very grateful.
> 
> Many thanks,


:welcome:


I'm afraid I don't know the answer to your questions, but hopefully someone will


I suspect you're going to need an abogado though


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## Pesky Wesky (May 10, 2009)

mcspluf said:


> Hi,
> 
> Has anyone had the misfortune to have to file for Judicial Separation in Spain? If so, can anyone offer any advice about how to go about doing this? And if anyone learned anything else they think I should know from their experiences/mistakes, I would be very grateful.
> 
> Many thanks,


Thankfully this is not one of my problems. Sorry to hear it's one of yours, can't be pleasant.
If you Google divorce Madrid Spain it comes up with some lawyers offices, but those pages also have some articles about it, and in one there's even a slideshow with some basic info. Let me know if you can't find it.


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## mcspluf (Jul 18, 2012)

Thank you.

Here is a useful one (probably the one you were referring to: my advocate spain dot com

If anyone else has advice they'd like to share, please feel free.

Thanks again.


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## agua642 (May 24, 2009)

Hi,
Are you both British? It's a long lengthy settlement and me & my x had agreed on a divorce so should have been easier & quicker.
My advice is jump on a plane & do it in ya home country. Wish I had for more reasons then one...


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## anles (Feb 11, 2009)

mcspluf said:


> Hi,
> 
> Has anyone had the misfortune to have to file for Judicial Separation in Spain? If so, can anyone offer any advice about how to go about doing this? And if anyone learned anything else they think I should know from their experiences/mistakes, I would be very grateful.
> 
> Many thanks,


You need to contact a lawyer who specialises in this field. If your relationship has irretrievably broken down, you would be better off filing directly for a divorce. Previously, unless you had a justifiable cause, Judicial Separation was a necessary step but this is no longer the case. Judicial Separation is a halfway step, your joint assets are divided and if there are any children their legal situation is decided, but if at a later stage you want to get a divorce you will need to go through the process again with the financial cost this entails. You need a lawyer (abogado) and a "Procurador" I don't know the difference in English and if the separation is of mutual accord you can share the same lawyer and procurador, which reduces the cost but, speaking from experience this is not really a good idea. I'm very fortunate because my husband and I have a great relationship but by doing this, as at that time we had been living apart for over two years and he decided to take this step for financial reasons, and having the same lawyer and procurador which he paid, I ended up being at a huge disadvantage, whereas if I had had my own lawyer I would have been informed correctly of later consequences and would have acted differently. The only advantage of this process is that, should you want to, you don't need to remarry


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## Pesky Wesky (May 10, 2009)

mcspluf said:


> Thank you.
> 
> Here is a useful one (probably the one you were referring to: my advocate spain dot com
> 
> ...


Yes, that's the one I meant


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## mcspluf (Jul 18, 2012)

anles said:


> You need to contact a lawyer who specialises in this field. If your relationship has irretrievably broken down, you would be better off filing directly for a divorce. Previously, unless you had a justifiable cause, Judicial Separation was a necessary step but this is no longer the case. Judicial Separation is a halfway step, your joint assets are divided and if there are any children their legal situation is decided, but if at a later stage you want to get a divorce you will need to go through the process again with the financial cost this entails. You need a lawyer (abogado) and a "Procurador" I don't know the difference in English and if the separation is of mutual accord you can share the same lawyer and procurador, which reduces the cost but, speaking from experience this is not really a good idea. I'm very fortunate because my husband and I have a great relationship but by doing this, as at that time we had been living apart for over two years and he decided to take this step for financial reasons, and having the same lawyer and procurador which he paid, I ended up being at a huge disadvantage, whereas if I had had my own lawyer I would have been informed correctly of later consequences and would have acted differently. The only advantage of this process is that, should you want to, you don't need to remarry


Thanks a million, that's practical kind of stuff I need to know about. Many thanks.


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