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Family Law

Mireia Hernandez Garcia

Mireia Hernández García

The family law applied by the Spanish Courts to the foreigners is not the Spanish law, but the law of the foreiger's country.

We manage legal claims before the spanish Courts regarding divorces, childrens rights and any matters in family law.

We effectively deal with matrimonial law, divorce and judicial separation, financial settlements including pension arrangements, with advice provided on jointly held property and assets.

We also cover matters involving children in Spain including child abduction, parental responsibility, custody, visiting rights and maintenance payments.

If you get married with a spaniard we give you the better advices about prenuptial agreements.

The enforcement in Spain of foreign divorce judgements (exequatur) is one of our professional activities. s



Josep-Antoni Gracia VicenteA colleage from Turkey needed to prove before the Istambul Court the Spanish law regarding an inheritance of an spaniard who died in Turkey without last will. He ask me to provide a legal evidence of the applicable personal law. This was my report. My target was to use fewer possible words.


  1. A Spanish citizen living in Turkey died without drawing up last will.
  2. He had two daughters.


When a Spanish citizen dies without write last will the applicable law is the Spanish Civil Code, passed by law of 29/07/1889 and further modifications.

Article 931 of this law states:

Children and his descendants succeed his parents and grandfathers without distinction of sex, age or parentage.

Regarding how child will divide the goods and assets, the article 932 says:

Children of the deceased inherit always by own right, and must divide the inheritance in parts of equal value.

Finally, regarding the good and assets included in the inheritance, article 659 states:

Inheritance includes alls the goods, assets, rights and obligations of one individual not wiped out by his death.

Legal opinion

The inheritance of the Spanish citizen must be divided between his two daughters in a 50%-50% basis including alls his goods, rights and debts in Turkey or elsewhere.