•Faqs 

Can we be married in a Roman Catholic church in Spain even if we are resident in U.K.?

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.

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My husband and me were married in Ireland but are residing in Spain. Can we have our divorce by the local Spanish Courts?

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.

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Does a non written employment contract in progress favour the employer or the employee in Spain?

In general terms it favours the employee since Spain has a strong protection of the worker’s rights and many “over the standard” conditions may apply according to the criterion of Labour Courts to contracts that do not formally define some of the basic conditions, even if the employer thought they were verbally agreed, such as the contract’s term of duration, number of salary payments in a year (12 vs. 14), etc. Our advice to the employer is to always have a written contract that could set those conditions in writing specially the ones that unless legally agreed by both parties have a higher protective level for the employee in case both parties did not state otherwise

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Is there any difference in a Spanish company being a “Sociedad Limitada”, a “S.R.L.” or a “S.L.”?

No, there is not. All these denominations are different ways to call the same kind of company that basically consists in a limited responsibility company (i.e., the shareholders are responsible up to the limit of their respective share capital), with a minimum permitted capital of 3,006 EUR.

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I am not using the community’s pool; am I obliged to pay any maintenance expenses according to the Spanish Law?

Yes, you are, since the law says the expenses will be deemed as general even if they are not imputable to one or various properties within the community, nor shall the non-usage of a facility bring exemption from the fulfilment of the maintenance obligations. However, you may want to have a look at the community’s bylaws and/or approved rules or decisions of the Owners General Meetings in the past, as these could have validly changed such general rule.

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Can I legally devide mi flat in smaller units in Spain?

Yes, you can, but only if you have the approval of the Owners General Meeting.

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My community’s majority voted a decision clearly damaging my interests; can I oppose?

If it is seriously detrimental for your interests and you can also bring together 25 % of the owners and shares, the Law allows you to claim at the court in order that the decision is annulled even if it was validly voted by the majority. Ask us to tell you how.

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I am American. If I arrive Aug 1 2010 on a tourist visa and after 90 days apply for a permanencia Nov 1 and it is granted for another 90 days to Feb 1, can I then apply for a second permanencia since it is a different calender year? 2011?

No you cannot, as you are entitled to have and enjoy one permanencia in a calendar year. If you ask for a second permanencia in February 2.011 this would mean having two permanencias in the same year.

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Is there in Spain a term for me to claim responsibility from medical malpractice?

Yes there is. According to the Spanish law there is a term of 15 years to claim responsibility due to significant negligence or other malpractice when they are originated from contractual professional services.

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My rental contract does not mention any tenant’s address other than the rented property. Where should I send him an official notice if I know he is not there?

The recently approved new Reform of the Law for Leases ( Ley 19/2009) has solved this old dilemma. It clearly indicates that in case the parties have not stated otherwise, the tenant’s address for official notices is the rented property. And this is so regardless your tenant is not there when the notice is properly sent, therefore as a consequence your notice shall have legal effects even if it does not reach the receiver.

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