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In English

International divorce in Spain: easier and faster than you may think

Maybe you got married in the UK, in Gibraltar, or elsewhere in Europe, and you think that you need to get divorced in the country where you got married. Well, this is not the case. You can get your divorce in Spain and it will be recognised in the rest of Europe without much else to do. How is that so? EU Regulation 2201/2003, commonly known as Regulation Brussels II bis, governs international divorce cases. This Regulation sets out the jurisdictional criteria to determine the competent jurisdiction, as well as the obligation by EU Member States to recognise divorces obtained in other EU jurisdictions.

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In English

Do I have the right to seek compensation for accident?

The answer to this question usually has its nuances, so it is always advisable to consult a lawyer to know what our rights are taking the case and get a calculation of compensation for the accident that we could match that is really tight. However, in the present article will try to answer this question regarding Spanish legislation, broadly speaking.

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In English

Brexit: Dont Panic!

David Cameron announced at the beginning of his new term as Prime Minister that he would ask the country if they thought Britain should leave the EU. The policy had come at the time where parties like UKIP and the BNP were riding a wave of popularity because in part of their attitudes to the EU and immigration.

It is not clear if the Prime Minister is keen to exit Europe altogether or is using this threat as leverage to get a better deal for Britain from Brussels. He is currently trying to broker a new deal with EU leaders, and is meeting all of the 27 heads of State as part of this. The referendum is still planned for 2016 or 2017, but may not go ahead if the Government obtain the concessions they seek.

Whilst this is the world of Politics, for British Citizens who reside in other EU countries, this too-ing and fro-ing is a cause for concern, after all many have built lives in their new countries and would struggle to move back to the U.K. Close to two million British people live in other EU countries, with half a million or more living in Spain. Many people are now considering their options regarding citizenship before they potentially become illegal immigrants, though it is highly unlikely that this will happen though.

The EU was formed in 1992 by the Maastricht Treaty, central to this new Union was the freedom of movement and residence. This opened the door for those who had dreamed of a life in the French Riviera or the Costa del Sol to move their hassle free. Gradually throughout the 90s the borders in the EU came down under the Schengen Treaty, with the notable exception of the United Kingdom. So since 1992 EU nationals have moved to other countries, built lives and acquired rights. It would seem crazy that withdrawal from a Treaty would take these rights away overnight, and thankfully it is not the case.

The Vienna Convention on the Law of Treaties 1963 is a document that sets out the rights and obligations for States when entering, enforcing or leaving treaties. It considers that where parties do not agree otherwise withdrawing from a treaty will cancel any future obligations, it cannot take away rights that had been acquired under the treaty.

This means two things, firstly that the UK Government will have to consider carefully what to do about the 2 million Citizens living and working in Europe and reach agreements with respective EU governments. Secondly that if they do not those people will be able to continue with their lives without being uprooted.

The key then for those worried about this is not to panic, not to try to change citizenship or to marry a local just yet.

In English

We can help you to get your home regularlised by the planning department at the Town Hall

Law 2/2012 of January 10 established how existing buildings and settlements on undeveloped land in Andalusia are regulated. It recognises and gives legal cover to those buildings constructed without a license and allows for those for whom the deadline had elapsed to obtain one. The idea was to take steps to address the town planning issues and restore order to the chaotic local plans.

These buildings are defined as “assimilated outside ordination (AFO)” and the law provides for their expressed recognition by the urban planning department acting through a procedure aimed at quick and effective regularization of the house.

If, when you built your property the plot was not included in protected area and you can prove that the building was finished more than six years ago, you could regularise it, declare the construction in the Public Register and obtain the basic services for living such as water and electricity.

We can advise you in this respect, assist in the preparation of the technical and legal report and present the file in the Town Hall.

Normally the taxes charged are 5% of the material execution budget but it depends of each Town Hall.

In these files what has gone before is absolutely vital, the legal situation with the Urban Plan, the plans and structure of the building and to ensure the basic legal conditions  for habitation such as security and sanitation are there. We will need to make an in depth analysis of the file and prepare reports.

If your property is still not recognized by the Urban Planning Department, please contact us urgently and we can help you to make your property into a home.