No, you shall not. Under the 2005 revised law, the couple, by joint consent, can proceed immediately to a full divorce with no period of legal separation nor any other reason or other party’s fault being required.
Yes, you can marry in Spain according to the usual practice of the Roman Catholic church. Each partner will present a baptismal certificate and a declaration from their former parish priest as well as need to be present in the Spanish municipality prior to your marriage in order to issue and fill some forms at the civil authorities.
Yes, you can. Spanish courts are eligible since residing in Spain is sufficient cause for the Spanish courts to have legal jurisdiction in this matter.
My husband and I live in U.K., but his children were taken to live in Spain by their mother 5 years ago without his permission. They were not married, so he had less rights to do anything about that. The children are aged 10 and 13. They have said a few times about their mother having a problem with alcohol and even driving drunk. Can we get an order to have the children here with their father? They can have a much better life with us. Thank you.
Regarding your questions, I send you my comments based of my best knowledge as follows.
First, I will assume the following applies:
Assuming these facts are applicable, there will be nothing that prevents the father having the children with him for the time he considers necessary, since there is yet no official rule about parents custody. At the same time and in order to achieve the referenced forceful convention/agreement either the father or the mother will need to submit as soon as possible a claim to the Spanish Courts (in case the children were born in Spain, or even if they were not, in case they have been registered and residing here until this moment, or also if the non-marital couple had their last mutual domicile here).
For this claim to be successfully won, I understand that the unnatural or odd behaviour of the mother will need to be proved by means of witnesses (I would also recommend a private investigator’s report) and you also must be prepared to face that the Judge will like to hear the children’s opinions (separately –i.e. not at a public court’s hearing- and with the help of a judicial psychologist).
In case your husband decides to act judicially, and assuming the Spanish jurisdiction is applicable, we will be able to assist professionally, and for this we will need that the father grants a power of attorney at the Notary, giving us powers to represent him at the Court and also –in my opinion- we will need to have an interview. Subject to your confirmation, we can prepare the text and guidelines for such Power of attorney.
Yes, there is. While the selling route brings a tax for the buyer to pay of a 7% of the price plus around 2%-3% of additional expenses, the donation has a much bigger tax coefficients fot the recipient to pay: approx. 18% to 34% as per a scaled proportional gradation depending on the property’s market value, plus additional expenses similar to the ones of the sale.