Divorce and Division of Property

In recent years, Spain has seen significant changes to its legal framework concerning divorce proceedings and division of joint property. Understanding these complex aspects of Spanish family law is crucial for those going through marital dissolution and property separation. 

Recent statistics indicate a rise in the divorce rate in Spain. According to the Instituto Nacional de Estadística, Spain saw an increase of 2.3% in divorces in 2022 compared to 2021. This rise has brought renewed attention to the division of joint property, a key aspect in most divorces.

In Spain, there are two predominant property regimes – separación de bienes (separation of property) and sociedad de gananciales (community of property). While the former means each spouse maintains control over their assets acquired before and during the marriage, the latter suggests all assets and liabilities acquired during the marriage are owned equally by both spouses. 

However, Spanish law experienced a significant change recently. The Supreme Court’s ruling in 2022 established that the division of joint property should consider not just the financial contributions of each spouse, but also their non-monetary contributions like domestic work and childcare. This paradigm shift marks advancement towards fairer outcomes in divorce cases and division of joint property.

The Court further ruled that the value of the joint property to be divided includes not only assets acquired during the marriage but also those that have appreciated in value over time due to the efforts of both spouses. This new ‘value-added’ approach, known as Valor Añadido de Sociedad (VAS), is now central to division of joint property cases.

The VAS has brought greater complexity to divorce proceedings, necessitating expert advice and representation. However, it also offers opportunities for fairer settlements, particularly for spouses who have made significant non-monetary contributions to the marriage.

At our law firm Lusa Legal, our team of expert divorce lawyers are well-versed in the nuances of Spanish divorce laws and division of joint property. We have a thorough understanding of recent legal changes including the implementation of VAS in asset division and are committed to guiding you through each step of your divorce and ensuring a fair division of assets.

The recent changes in Spanish divorce law mark a progressive step towards fairer and more comprehensive property division. It’s paramount to understand these changes and their implications to your unique case. With experienced lawyers of Lusa Legal by your side, you can navigate the complexities of divorce and division of joint property with confidence.

Our expert lawyers are here to help.