In the United Kingdom, pension sharing and pension splitting orders are now common where a couple divorce after a lengthy marriage. In English law a pension can be considered as one of the most important assets as it can provide for future needs of the parties.

In the Spanish Courts when an English couple divorce, English law is normally applied to the financial measures.

There is generally a 50/50 split of the assets once the children’s needs have been taken care of.

It is important to provide information on pensions to your lawyers and often it is necessary to find out what rights, if any, a divorcing spouse will have before making an application to the Court. This may involve establishing the terms of the pension in respect of divorce and it may be necessary to contact the Pension Company.

When considering the split of assets between a couple, the Court should also look at domestic contribution to a lengthy marriage. An older woman or man who has not worked is often worried that their contribution will not be recognized. It is also surprising how often one party is in a much stronger position economically i.e. having other assets or investments in their sole name. A good way of dealing with these disparities is negotiating a financial settlement to prevent a lengthy contentious divorce proceeding.

Sandra Wrightson is a Barrister and Registered Foreign Lawyer at De Cotta McKenna y Santafé, a law firm offering support with all aspects of Spanish Law for English speaking clients. Family Law is a speciality. The head office is at:

Centro Comercial Valdepinos 1 y 3ª

Urb. Calypso

29649 Mijas Costa (Málaga)

Tel.: +34 952 931 781

Fax: +34 952 933 547

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website: www.decottalaw.com