MATRIMONIAL TRANSFERS
Anglo-Spanish Law is not a firm that handles divorces. The service that Anglo-Spanish Law provides is the implementation of that part of a court order that provides for the transfer of all or part of a property in Spain into the name of an ex-spouse.
The usual scenario is that there is a Consent Order in which one of the parties has to transfer into the name of the other, their half-share of a property in Spain.
The Cost
It is assumed that both parties are prepared to co-operate fully in the implementation of the Consent Order, because if one party refuses to co-operate costs will rise spectacularly as the English court becomes involved yet again in what is then not simply the implementation of a Consent Order, but its enforcement.
Provided there are no title problems and the "only" thing that needs to be done is implement a Consent Order with both ex-spouses co-operating fully, the fees of Anglo-Spanish Law are very approximately £1,500.00 with no VAT needing to be added on top because Anglo-Spanish Law is not VAT registered, plus the cost of doing the Spanish powers of attorney Spanish powers of attorney.
On top of the fees of Anglo-Spanish Law are some substantial disbursements, which include the fees of the Foreign & Commonwealth Office, the Spanish lawyer in Spain handling the Spanish end of the matter, the Spanish notary, the Spanish property registrar and taxes.
Much of the fees and taxes in Spain are based on the value being transferred, ie the greater the value transferred, the more will have to be paid in fees and taxes.
Most recently divorced people are short of money and, therefore, prefer to declare as low a value as possible as the value being transferred, despite the fact that this will almost inevitably mean paying more in State Capital Gains tax later when the property is sold. Unfortunately, the room for manoeuvre is normally quite small.
It takes several months to get to the point that an escritura / deed is signed in Spain transferring the property / half of the property from one party to the other party in the proceedings. Post completion matters can also take a long time.
Spanish powers of attorney signed in front of Mr Wagner acting in his capacity as a notary public is work that is regulated by the Faculty Office of the Archbishop of Canterbury. The rest of the work done here in doing a matrimonial transfer is not regulated by either the Faculty Office or the Solicitors Regulation Authority / Law Society. If all attempts at mediation / dispute resolution fail it is open to clients to sue Anglo-Spanish Law in the County Court or the High Court of England & Wales.
For detailed terms and conditions of business to be sent please phone Mr Wagner on 01433-631508, preferably between 9.30 am and 2.00 pm Monday to Friday.