Going through a separation and divorce can be an extremely worrying and stressful time with feelings of confusion and concern about your home, your finances and your children. We guide and support our clients throughout this difficult period.

There has been a recent and welcome overhaul of divorce laws in Gibraltar. Subject to certain jurisdictional requirements being satisfied and provided that couples have been married for at least one year (although this period can be shortened in exceptional circumstances), a divorce can be obtained without the need to allege and prove fault against the other party (adultery, unreasonable behaviour or desertion) or for the married couple to be separated for a period of years.

Provided that the petitioning party (the person starting the divorce action) is satisfied that their marriage has broken down irretrievably, they will be entitled to a decree of divorce and consent will not be required from the other spouse. This makes the divorce process much quicker and less adversarial.

Dissolution of a Civil Partnership still requires one party to provide evidence of irretrievable breakdown. A specific fault ground must be proved (such as adultery, unreasonable behaviour or desertion) or there needs to be a period of separation: two years with consent and three years without consent. It is hoped that this area of the law will be amended soon in line with Gibraltar’s modernised divorce laws.

Our family law specialists will advise you on all financial matters involved in divorce or separation including division of property, business interests, inherited wealth and pensions together with maintenance provisions for children and spouses. We have represented many high net worth clients including those with assets and interests in other jurisdictions.

The majority of financial matters can be successfully negotiated and agreed upon and documented in a binding Financial Separation Agreement and/or a Consent Order from the courts. However, when court proceedings become necessary, our team are vastly experienced in litigating financial relief proceedings following a divorce.

The recent changes to Gibraltar’s matrimonial laws also permit, subject to a number of jurisdictional requirements, financial relief proceedings being heard in Gibraltar’s Supreme Court following a divorce in a country outside Gibraltar.

Pre-nuptial agreements are becoming increasingly popular and important for future asset and wealth planning/protection when entering into a marriage. Although common and popular in Europe, in the UK they are not recognised or supported by statute. Gibraltar is different.

Pre-Nuptial Agreements are now recognised and permitted under our reformed matrimonial legislation. Pre-Nuptial Agreements, provided that they are drafted in accordance with statutory requirements, will serve to avoid protracted and frequently acrimonious financial relief proceedings following divorce.

Matters concerning children are undoubtedly all parent’s major concern upon separating. We are experienced in advising and acting in all areas of children’s law, including private law disputes (where a child shall live, contact arrangements, relocation, change of name) and public law (care and adoption proceedings).

Many issues often arise in relation to children when parents separate. Where and with whom should a child live, how often a child should have contact with each parent, change of a child’s surname, religious instruction and medical.