Spam post? If so please click here to report it

Most lawyers are multi functioning here - there are two in the forum that I know of Maria de Castro who is a regular visitor and Spanish Inquisition - guess see if they can help you

Spam post? If so please click here to report it

If you are not happy with you lawyer in the UK and you are either taking proceedings in the UK or are intending to take proceedings then I would suggest that you seek an experieced family lawyer in the UK. I am a family lawyer and have acted for several clients who owned property in Spain jointly with their spouse and the property was dealt with in the English proceedings. The court in England has the power to make property sale/adjustment Orders in respect of property worldwide. You should concentrate on finding a good family lawyer experienced in dealing with matrimonial property. Contact the Law Society or Resolution for details of lawyers in your area. I assume that you are not taking proceedings in Spain. I do not know what proceedings, if any you have started. if you have not started proceedings by now then the only way you are going to move this on is to decide if you are going to petition for divorce or judicial separation and in those proceedings make an application for Ancillary Relief. Your UK lawyer can obtain any specialist advice as to Spanish law from an experienced Spanish lawyer and there are some in the UK that I have used. 

Hope this is of some help.

Denmor

Spam post? If so please click here to report it

Hi Denmor & Smiley

Thanks for your reply, it is the solicitor is Spain that I am not happy with.  As divorce proceedings are going through the Orihuela court LOL since 2005 and divorces are not a priority in their eyes, I need to find out whether there is any way of withdrawing the case from that court and transferring to another in Spain.  My solicitor is spain also does not appear to understand as my husband and I were married in the UK that UK laws should be recognized by the courts which they seem to be ignoring?  Because he lives in Spain (not necessarily in our jointly owned house) they have awarded him the rights to live there should he wish (he is living in a totally different district to where are house is) and only afforded me visiting rights of 1 month per year!

Spam post? If so please click here to report it

I have read yiour reply. Unfortunately for you to rely on English law the proceedings would have to be pending in England. It would seem to be the case that as the proceedings are pending in Spain then there has been agreement that the Spanish courts would have jurisdiction. I do not know who made the decision to commence the divorce proceedings in Spain but as you are both English then one would have expected the the jurisdictional position to have been considered prior to issue and to decide where to issue i.e Spain or England and to consider domicile and not solely residence.

You may wish to seek advice from an English lawyer as to whether or not you could issue in England and apply for the proceedings pending in Spain to be stayed or dismissed. Frankly I have to say that on what you have said I have to say that I am doubtful that this would succeed in particular in view of the time that has passed since the proceedings were issued. However you may feel it is worthwhile seeking such advice.   

I am sorry if this is not particularly helpful. I can not say what the court in Spain would do if asked to transfer to another court and you would need to consider if a new Spanish lawyer could assist.

Denmor 

Spam post? If so please click here to report it