1) What is the current legal landscape in your area of practice in your jurisdiction?

Spain has a plural civil framework in which, alongside the common civil law, foral laws such as Catalan law coexist, and this can decisively change the economic outcome of an expatriate family depending on where they establish their first common residence after getting married or which law they choose.

In common civil law, the supplementary regime of marriage is the community of acquisitions – what is still acquired from marriage is usually made common -, although separation of property or participation can be agreed by means of an agreement.

On the other hand, in Catalonia, the supplementary regime is the separation of property, so that each spouse retains ownership and administration of his/her property, although the marriage contracts allow for other agreements to be made.

In the event of a break-up, common civil law tends towards the liquidation of the community property and provides for a compensatory pension when there is a significant economic imbalance. In Catalonia, however, as there is no common property by default, there are specific figures such as financial compensation for work when the dedication to the home or the business of the other has generated inequality of assets, in addition to the compensatory benefit and a regulation of the use of the family home that prioritises the children and usually sets terms and conditions.

In unmarried couples, common civil law does not grant their own economic regime if there is no registry or regional law applicable and refers to restitutive or contractual channels such as unjust enrichment, de facto partnership or co-ownership, with the consequent burden of proof.

On the other hand, in Catalonia, stable partnerships do have typical property effects, which reduces litigation by offering express solutions.

In contracts of marriage, Regulation (EU) 2016/1103 allows the submission only to courts of Member States, linked to the law chosen for the economic regime or to the State of celebration of the marriage, to be agreed. A clause referring to a third State does not displace jurisdiction in the EU. If, nevertheless, litigation takes place and a judgment is obtained outside the Union, its enforcement in Spain will require exequatur.

In parentality and child protection, both systems share the principles of the best interests of the child, co-responsibility and the possibility of shared custody, with for urgent and analogous protective measures (Art. 158 CC and Art. 236 et seq. of the CCCat). Although Catalonia goes into greater detail on the parentality plan, the temporary use of the home and the distribution of expenses in a habitual context of separation of property.

For expatriates, the key is to plan: choose law and regime before getting married or cohabiting, formalise capitulations or couple agreements, document contributions if there is no typical regime (especially outside Catalonia) and anticipate the impact of the family home and children in case of break-up.

In international marriages, Regulation (EU) 2016/1103 places the focus on the choice of law (professio iuris). If the intending spouses agree in the contracts on the law that will govern their property regime (the law of their nationality or habitual residence), that choice of law prevails.

Only in the absence of a choice does the default rule apply: first common habitual residence after the celebration of the marriage; if there is none, common nationality; and, lastly, the closest connection. A frequent mistake is to believe that the place of celebration of the marriage determines the applicable law; this is not the case on its own.

In inheritance, the surviving spouse’s or partner’s legitimate rights and entitlements vary considerably, and it is therefore advisable to adjust wills and agreements to the applicable system.

When an expatriate dies without professio iuris, Regulation (EU) 650/2012 assigns the estate to the law of his or her habitual residence at the time of death.

This assignment has very different effects depending on where one lives. If the deceased resided in Madrid, ordinary civil law will apply. That is to say, two thirds of the legitimate share (one third of strict legitimate share and one third of improvement for descendants) and usufruct of the widowed spouse in the legal proportion (normally one third if there are descendants, one half if there are ascendants, two thirds if there are neither one nor the other).

If the residence was in Barcelona, the Civil Code of Catalonia (CCCat) applies. With a 25% legitimate share for descendants and, in intestacy, equating the stable cohabitant to the spouse, with the commutable universal usufruct of the inheritance and the specific figures for the protection of the survivor.

For expats, the maxim is twofold.

• First: the applicable law is determined by the place of actual residence. Moving can alter the rights of children, spouses or partners.
• Second: those who want certainty can choose their national law by professio iuris in a will (Art. 22 of the Regulation), coordinating this choice with a succession plan and with the taxation of the place where they live.

In parallel, since 3 April 2025 it has been compulsory to attempt ADR (appropriate dispute resolution mechanism) before bringing civil and family proceedings, with exceptions – among others – in international child abduction and enforcement. The twofold practical impact is clear: more control of admission (risk of inadmissibility if the attempt at ADR is not accredited) and longer initial deadlines, which makes it advisable to design the jurisdiction clauses well and to plan the ADR from the negotiation of the agreement.

2) What three essential pieces of advice would you give to clients involved in your practice area matters?

Assess without maximizing whether mediating or negotiating is always better than litigating. Litigation offers coercive and precautionary measures— forced execution, seizures, restitution of minors, and protection orders —which are very useful when there is an asymmetry of power, a risk of concealment of assets, or abduction. It also provides clarity and certainty in complex regimes under European rules of jurisdiction and recognition. On the other hand, it involves more time and cost (an average litigation can take 10-15 months in the first instance and more if there is foreign law expertise or letters rogatory) and entails the risk of a “race to the courthouse” (lis pendens), where the first court seized freezes the others – in maintenance, this is decisive.

Mediation/negotiation, on the other hand, is quicker and more flexible, and since 3rd April 2025 is a requirement of procedurality in most civil/commercial matters (including family property), with a practical framework of 30 days/3 months to prove a serious attempt -it can be documented via PIMASC. It favours voluntary compliance and reduces family attrition, and allows for “freer” covenants (parental plans, international calendars, sharing of assets in various jurisdictions). Its limits appear if there is bad faith, violence, concealment of assets or the need for immediate precautionary measures, and if it fails, it adds a prior step (limited by those 30 days/3 months).

Tactical conclusion: start with ADR to gain useful time (gather documents and evaluate the forum) and, if there is no agreement within the time limit, file suit in the optimal forum with everything prepared.

In international families within the EU, jurisdiction and applicable law are optimised by fixing them in writing whenever possible. In marriage and property regime, the applicable law can be agreed (Art. 22 of Regulation 2016/1103) and, in the absence of an agreement, the first common residence after the marriage, the common nationality or the closest ties apply successively.

As regards jurisdiction, the courts of the Member State whose law has been chosen or the court already dealing with a connected divorce or succession may be seised (Art. 7), which makes it possible to unify cases.

For registered partnerships, Regulation 2016/1104 works in a similar way, so the strategy is similar: choice of law and, if applicable, forum.

In divorce/separation, the applicable law is governed by Rome III (Reg. 1259/2010): it can be chosen and, if there is no choice, subsidiary criteria such as habitual residence, last common residence or nationality apply, with the caveat that not all States participate; jurisdiction for divorce and parental responsibility is determined by Brussels II.b (Reg. 2019/1111), which assigns the competent State (habitual residence, nationality, etc.) and facilitates the recognition of judgments and agreements.

In maintenance (child or spouse), Regulation 4/2009 fixes jurisdiction and law (with reference to the 2007 Hague Convention) and establishes a very strict lis pendens: the first seised court prevails, so anchoring here can be decisive.

In successions with an international element, Regulation 650/2012 allows professio iuris (choice of the national law of the deceased) and a correlative choice of forum if there was a choice of law (Art. 5), avoiding internal asymmetries of the “Madrid vs. Barcelona” type.

Optimal procedural strategy:

Week 1: documentation and diagnosis. Start with an exhaustive collection of evidence (last 24 months of statements, IRPF, deeds/notes, loans, crypto, insurance, pensions, relevant communications) and an initial mapping of forums and applicable law.

In the Community of Madrid or in Andalusia, if the couple is not registered, an inventory of contributions and dedication (table with dates, amounts, purpose and supports: receipts, transfers, emails) must be drawn up to support an action for unjust enrichment and/or liquidation of co-ownership. It is advisable to keep digital evidence with a basic chain of custody and to request, if there is a risk, precautionary measures (preventive annotation, rendering of accounts).

In Catalonia, the stable partnership must be verified (deed, common child or continuous cohabitation of 2 years) and the calculation of compensation for taking care of the family must be prepared with: (i) proof of dedication to the family, (ii) increase in assets of the other member (before/after) and (iii) method of quantification (expert accounting if applicable).

In marital dissolutions, in all Spanish territory, the first common residence must be confirmed, the marriage contracts and, if there are foreign elements, an expert opinion on foreign law must be ordered, together with sworn translations and, where appropriate, an apostille.

If there are children, school and health records, care schedules, and evidence of extraordinary expenses should be added.

All oriented towards a coherent factual account that matches the regulatory framework (Reg. 1103/1104, Reg. 2019/1111, Reg. 4/2009, Reg. 650/2012).

Week 2: Procedural plan and realistic timelines. Mandatory ADR must be activated with a binding invitation. If there is no response within 30 days or no agreement within 3 months, the attempt will be accredited. If there is an exception to the compulsory nature of the out-of-court settlement attempt (international child abduction, violence, urgent measures, executions), the litigation route is chosen immediately.

Strategically, what anchors the favourable forum (e.g., application for maintenance with strict lis pendens) is filed first, and then the rest is concentrated (financial regime by submission/connection, divorce/exercise of parental authority under Brussels II.b), with early injunctions being sought if there is a risk of asset stripping.

For an average contentious divorce proceeding, the estimated time is between 10 and 15 months until the first instance judgement, plus if there is foreign law expertise or evidence outside the Spanish jurisdiction.

In an uncontested divorce proceeding, with closed documentation, the reasonable time is between 1 and 3 months.

Week 3: It is recommended to plan with dates the ADR, the precautionary measures, the proposal of evidence, the expert evidence, the hearings to arrive at the oral hearing with the best argued and proven case, and, in parallel, with a draft homologable agreement ready if there is an opportunity for settlement.

3) What are the biggest threats and opportunities in this area of law in the next 12 months?

Threats:

• Inadmissions due to poorly credited or untimely ADR. There is a risk of procedural inadmissibility if the invitation or record of attempted ADR does not comply with the form, content or deadline. The consequence is the impact that would lead to a loss of time, costs, and the need to retry the court.
• Prenups with ineffective third-state jurisdiction in the EU, leading to parallel litigation and uncertain exequatur. Submission clauses in prenups (ineffective in the EU). They generate parallel forums, contradictory measures, and uncertain exequatur in Spain. The impact consists of increased cost and volatility in enforcement.
• Expats without professio iuris: automatic application of legitimate rights and usufructs according to residence. If an expatriate dies without having chosen the applicable law (professio iuris), Regulation (EU) 650/2012 refers, as a general rule, to the law of his or her habitual residence upon death. This “anchorage” means that, living in Madrid, ordinary civil law applies, while, residing in Barcelona, the Civil Code of Catalonia (CCCat) applies. The patrimonial result differs notably.

With descendants, in common civil law, the children have a legitimate share of 2/3 of the estate (1/3 of the strict legitimate share + 1/3 of the improvement) and the widowed spouse has, in addition, the usufruct of the third of the improvement. In the Catalan civil law, the legitimate share of the descendants is 1/4 of the inheritance (distributable with great flexibility) and the spouse or stable cohabitant (equated in intestate) has, in general, a commutable universal usufruct over the whole inheritance (can be exchanged for specific goods or capital).

Without descendants, but with ascendants, the common civil law attributes to the widower the usufruct of half. In Catalonia, the institutions of widowhood are maintained (commutable usufruct, year of widowhood, trousseau), modulating the protection of the survivor.

Without descendants or ascendants, the common civil law raises the widower’s usufruct to two thirds, while in Catalonia the combination of commutable universal usufruct and rules of intestate appeal can also place the spouse/partner in a very favourable position.

Therefore, for expats without choice of law, the city where they actually live in the end (Madrid vs. Barcelona) determines legitimate and usufruct and, therefore, who receives what and how, hence the convenience of planning (professio iuris and testament) if a different distribution is intended.

• In unregistered partnership in Madrid, erroneous expectations about pensions or non-existent default regimes. There is no default financial regime. If there are no agreements or proof of contributions, only restitutive remedies (unjust enrichment, co-ownership, de facto partnership) are possible. The impact this has is reflected in: high litigiousness and uncertain outcomes.

Opportunities:

• Optimisation of the outcome through valid choice of law and forum in capitulations (Reg. 1103) and robust prenuptial agreements. Capitulations with profession iuris and submission to courts of a Member State reduce uncertainty, set expectations and facilitate enforcement in the EU.
• In Catalonia, activation of well-tested work-related compensation for quicker and more balanced settlements. In separation of property, a solid test allows for quicker and more balanced settlements without creating “false gains”.
• Time reduction with well-designed ADR (binding offers, negotiation between lawyers) and mutual agreement procedures. Reduces time to trial, improves settlement rates and locks in subsequent admission if ADR fails.
• Succession planning with professio iuris and will to align the distribution with the will of the deceased. This allows us to align the testator’s will with the applicable law and minimise conflict and taxation.

4) How do you ensure high client satisfaction levels are maintained by your practice?

During the first week, we carry out a structured legal screening to determine the applicable law and economic regime (capitulations, art. 1103 CC and, if applicable, foral law), venue and jurisdiction (Madrid/Barcelona or others), viable material avenues (unjust enrichment, compensation for work, co-ownership/dissolution of condominium) and the critical documentation required (contributions, registrations, contracts, extracts and deeds), culminating in a framing report delivered by the 7th of the month.

From there, we outline a clear, bilingual procedural strategy (in both Spanish and English), with an ADR roadmap -or reasons for exception- and a realistic timeline that sets milestones (admission, defence, hearing/ hearing and judgment), responsibilities of the team, client and experts, and decision criteria at each stage.

The standards and timelines are supported by templates and live playbooks: choice of law and submission clauses, regulatory agreements (Catalonia), liquidation agreements (Madrid) and a draft will with professio iuris. All of them revised and versioned in accordance with state, autonomous community, and EU regulations.

In matters with international elements, we integrate correspondents for foreign law expertise, homologations, and enforcements, and transparent communication. Itemised budgets, variance control, A/B scenarios (litigation vs. settlement) with impact on costs and deadlines, and periodic reviews of strategy in the face of new evidence or changes in case law.

The client knows from the outset what we will do, when and how much it will cost, and participates in informed decisions; it is this traceability – early diagnosis, visible strategy, standardised documentation and cross-border coordination – that explains our satisfaction and repeat business.

5) What technological advancements are reshaping your practice area of law, and how can clients benefit from them?

Our firm incorporates client-focused technology: we work with a case management/CRM program that keeps clients informed at all times about the status of their case (milestones, next steps, and pending documentation). We also use specific tools for international family law practice (cross-border evidence management, quality-controlled legal translations, qualified electronic signatures, and secure document exchange channels). Finally, we are active members of national and international family law associations, which allows us to stay up to date with best practices and coordinate strategies with colleagues in other jurisdictions. All of this translates into greater transparency, agility, and security for our clients.