Why is there a procurador (court representative) if I already have an abogado (Spanish lawyer)?+
Because in a divorce before the court the law requires both: the abogado (Spanish lawyer) defends your interests and the procurador (court representative) represents you (art. 750 LEC). If it is by mutual consent, three months have passed since the wedding and there are no unemancipated minor children, nor children with support measures assigned to you, it can also be done before a notary, with an abogado and without a procurador (arts. 82 and 87 CC): we tell you which route suits you.
Why does a divorce by mutual consent cost more when there are more assets?+
Because dividing more property takes more work. It starts from €500, which is the minimum, and adds the same amount as the maximum tariff of the procurador (court representative) for those assets, VAT included; it stops rising once it reaches twice everything the procurador charges at the tariff maximum. Maintenance payments do not increase it. The amount in euros is fixed in the engagement letter, based on the value of the assets that we agree when you sign it. The calculator shows you the breakdown.
What do I enter if there are no assets to divide?+
Zero. With no assets to divide there is no charge for the liquidation: the procurador (court representative) charges the fixed part and, if maintenance or a pensión compensatoria (compensatory payment to the other spouse) is claimed (contested) or approved (mutual consent), the scale applied to one year of payments. The calculator reflects this.
What if we are not married, or we are under separation of property?+
Choose “Jointly owned assets” in the calculator. That division is not a liquidation of gananciales (community property): with agreement it is signed before a notary, with no procurador (court representative); without agreement it goes through a division of jointly owned property (art. 400 CC), and there the procurador can charge the full art. 2 scale of the tariff, plus 10% if it is ordinary proceedings (art. 18.d), not the 25% or 50% that applies to gananciales.
When is the custody service enough?+
When you are not married and custody, visiting rights and maintenance for your minor children have to be set for the first time (art. 748.4 LEC), with no division of assets. If you are married, they are normally set in the separation or divorce: we tell you before you engage us whether this route works for you. If a judgment has already set them, changing them is a modification of measures, which is quoted separately. By mutual consent it costs €500, the same as a divorce by mutual consent with no assets; contested, €2,037: €363 less than a contested divorce, VAT included (€300 plus VAT).
What does a contador-partidor (estate partitioner) do?+
They divide the estate when the heirs cannot agree, without anyone having to go to court for a judicial division. The testator appoints them, and it cannot be one of the heirs (art. 1057 CC). If you appoint us in your will, their fees are set in it: 3.5% of the caudal (estate) divided, VAT included, charged to the estate.
What is the inheritance fee calculated on?+
On your share of the net caudal (estate): the inherited assets, less debts and charges. If the caudal is €1,000,000 and you receive €400,000, the 3% applies to €400,000. If you are the sole heir, to the whole caudal. The amount in euros is fixed in the engagement letter, based on the valuation of your share that we agree when you sign it.