Ask a Law Question, Get an Answer ASAP!
Hi thank you for your message, and to confirm the original court proceedings was made in the UK?
Understood, then it is possible for your partner to enforce the original order in Spain. The UK has a number of reciprocal agreements with other countries for the enforcement of such matters. That said, your partner will need to instruct a lawyer in Spain to enforce the order. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Well it is possible to go to court in England for enforcement but as the property is in Spain ultimately it needs to be recognised in Spain and in practicality enforced there for the sale to take place for example. Therefore, it makes sense to get a Spanish lawyer involved now to enforce the original order. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Hi thank you for your message, well it is certainly possible you could look to get a UK court to try to enforce the original order and there is something called an order for sale whereby one party can be given authority to sell a property without the consent of the other in order to get their share of the property money out so to speak but my issue with this is how that then becomes enforceable in Spain.
Yes so you can certainly get an order for sale here and then you need a Spanish lawyer to get the UK order recognised in Spain and then you can get a Spanish agent to sell the property. The first step is to get an order for sale here to enforce the original order. I recommend engaging a family solicitor to make an application on that basis.
If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case family law.
Glad I could help, take care.