Family Law

Your Trusted Family Lawyer in Mijas, Costa del Sol

Family law matters are among the most emotionally sensitive legal situations anyone can face. As a dedicated family lawyer in Mijas, Dolores Perujo brings more than 20 years of experience in helping families — both Spanish and international — navigate divorce proceedings, inheritance disputes, will drafting, and estate planning with clarity, compassion and expertise.

The international community on the Costa del Sol faces unique cross-jurisdictional challenges that a local Spanish lawyer may not fully understand. As an English-speaking family lawyer in Mijas, Dolores regularly handles cases involving assets and family members in multiple countries, ensuring that the legal strategy is coherent whether you are dealing with Spanish divorce law, a UK will, or an international estate that spans several jurisdictions.

Our divorce lawyer service in Mijas covers both consensual (mutual agreement) and contested divorce proceedings. We also advise on post-divorce matters including child custody, maintenance payments, and division of assets including Spanish property. For inheritance matters, we are a leading inheritance lawyer in Mijas, guiding families through the Spanish probate process (declaración de herederos), calculating and minimising inheritance tax liability, and ensuring assets pass to the right people efficiently.

If you own property or other assets in Spain, a Spanish will (testamento) drafted by our expat will lawyer in Mijas is one of the most valuable legal documents you can have. It ensures your wishes are carried out quickly and that your heirs avoid costly, time-consuming probate delays. Estate planning advice is also available to structure assets tax-efficiently during your lifetime.

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What We Cover

Family Law Services in Mijas

Comprehensive family law support for expats and residents on the Costa del Sol.

Divorce Proceedings

Child Custody & Maintenance

Spanish Wills (Testamento)

Probate & Inheritance Claims

International Inheritance

Prenuptial Agreements

Pareja de Hecho (Civil Partnerships)

Estate Planning

Areas Covered

Family Law Across the Costa del Sol

Serving families in Mijas, Fuengirola, Calahonda, Marbella and across the entire coast.

La Cala de Mijas

Our main office — C/Cártama 25, 29649

Mijas

Mijas Pueblo, Mijas Costa & urbanisations

Fuengirola

Family law for Fuengirola residents

Calahonda

Wills & inheritance in Calahonda area

Marbella

High-net-worth estate planning & divorce

Estepona

Family law services in Estepona

Benalmádena

Divorce & wills in Benalmádena

Costa del Sol

Full coast coverage for family matters

FAQ

Family Law FAQ — Mijas & Costa del Sol

Common questions about divorce, wills, and inheritance in Spain.

Yes, a Spanish will is strongly recommended if you own property or other assets in Spain, even if you already have a UK (or other foreign) will. While a foreign will may technically be recognised in Spain under international private law, enforcing it requires apostillisation, certified translation into Spanish, and presentation to a Spanish notary — a process that can take many months and cost your heirs several thousand euros. A Spanish will, signed before a notary in Spain and registered in the Central Registry of Last Wills (Registro Central de Actos de Última Voluntad), can be acted upon immediately. Under EU Succession Regulation 650/2012, you can also choose that the law of your nationality (e.g., English law) governs your entire estate, which can be advantageous in many situations. Our expat will lawyer in Mijas drafts both standard and cross-border wills efficiently and affordably.

The timeframe for divorce in Spain depends significantly on whether both parties are in agreement. A consensual divorce (divorcio de mutuo acuerdo), where both spouses agree on all terms including asset division, custody, and maintenance, typically takes 2–3 months from filing to decree. Since 2015, consensual divorces can also be completed before a notary (rather than a court) in certain circumstances, which can be faster. A contested divorce (divorcio contencioso), where the parties cannot agree, is handled through the courts and typically takes 6–12 months, sometimes longer if complex financial or custody issues are involved. There is no minimum period of separation required before applying for divorce in Spain — you can apply as soon as 3 months after marriage. Our divorce lawyer in Mijas guides you through the most appropriate process for your circumstances.

Inheritance tax in Spain (Impuesto sobre Sucesiones y Donaciones) is levied at regional level, and Andalucía has introduced significant bonificaciones (reductions) that greatly benefit direct relatives. As of current legislation, direct heirs (children, parents, spouses) resident in Andalucía can benefit from a near-total reduction making the effective rate close to zero in many cases. However, non-residents inheriting Spanish assets must pay inheritance tax at the state tariff, which can be 7.65%–34% depending on the value and the relationship to the deceased. Careful estate planning — including structuring asset ownership during your lifetime, making gifts, and using the available allowances — can significantly reduce the inheritance tax burden. Our inheritance lawyer in Mijas provides estate planning advice tailored to cross-border families.

Making a Spanish will is a straightforward process with the right legal support. First, you meet with our wills lawyer in Mijas to discuss your wishes, assets, and beneficiaries. We prepare a draft will in both Spanish and English, ensuring it complies with Spanish law and, if required, with EU Regulation 650/2012 regarding your chosen governing law. You then sign the will before a Spanish notary (the will is read aloud and you confirm its contents). The notary registers the will with the Central Registry of Last Wills in Madrid. The entire process can often be completed in a single appointment and typically costs €200–€500 including legal and notary fees. We strongly recommend updating your will after any major life event such as marriage, divorce, birth of a child, or acquisition of significant new assets.

Yes, Spanish law allows wills to be contested under certain circumstances, but Spanish inheritance law is more restrictive than UK law in what a testator can actually decide. Spanish law recognises forced heirship (legítima): certain close relatives — specifically children/descendants (two-thirds of the estate), and in some cases parents and spouses — are entitled to a legally protected minimum share regardless of what the will says. If a will attempts to disinherit a forced heir without legal justification, those heirs can challenge the distribution in court. Wills can also be contested on grounds of lack of capacity, undue influence, fraud, or failure to comply with formal requirements. Our inheritance lawyer in Mijas can advise you on both defending and challenging a Spanish will or inheritance distribution.

Family Lawyer in Mijas — Divorce, Wills & Inheritances