Our Spanish-speaking team combines legal expertise, local qualifications, and cultural fluency to bridge linguistic and jurisdictional gaps. This enables us to offer robust legal advice across all Spanish-speaking jurisdictions.
We have extensive experience advising Spanish-speaking clients, including high-net-worth and high-profile individuals, family offices, businesses, intermediaries, and law firms in Spain and Latin America.
Our cross-departmental team provides legal guidance across the full spectrum of services offered by Howard Kennedy, including private wealth and family matters, construction, corporate law, real estate, and dispute resolution.
A team that understands your legal and cultural needs
Legal systems and business practices vary significantly across jurisdictions. Understanding these differences from the outset can make a meaningful impact.
Our team is led by Spanish-qualified lawyer Olalla García-Arreciado and Puerto Rican-qualified lawyer Gabriel Mulero, who bring deep expertise in cross-border legal matters. They are part of a wider group of Spanish-speaking professionals across the firm, enhancing our multilingual and multicultural capabilities.. This allows us to work not only in our clients’ preferred language, but with cultural and legal nuances in mind - ensuring clear and effective communication from the outset.
Cross-border legal advice with a strong network
Through our connections with the Meritas and LAW networks, we collaborate with established law firms across Spain and Latin America to support cross-border legal matters. We maintain a range of trusted relationships that enable us to connect clients with the right expertise for their needs.
This enables us to deliver clear, practical legal advice that considers both local and international factors, tailored to the specific needs of each client.
How does English family law apply to Spanish nationals with assets for family ties in England and Wales?
English family law is discretionary, especially regarding financial remedies following divorce or separation. Courts tailor outcomes to individual circumstances in pursuit of fairness. In contrast, Spain applies codified rules based on matrimonial property regimes, such as community or separation of assets.
Cross-border cases require careful consideration of jurisdiction and how each country treats foreign marriage contracts, nuptial agreements, and property regimes. Differences in financial disclosure and burden of proof are also key. We regularly advise high-net-worth individuals on cross-border divorce, asset division, and child arrangements involving Spain and England.
How does UK tax law affect Spanish individuals and businesses?
Spanish residents with UK property, investments, or business interests may be subject to UK tax laws, including income tax, capital gains tax, and inheritance tax. Likewise, UK residents with assets in Spain may face taxation at national, regional, and local levels. Failure to submit tax returns correctly or on time can result in significant penalties.
The UK–Spain Double Taxation Agreement helps prevent double taxation, but understanding residency rules, reliefs, and reporting obligations is essential. We provide expert guidance to ensure compliance and optimise tax efficiency for cross-border operations.
How does English inheritance law differ from Spanish succession law?
Under English law, testators have full freedom to distribute their estate. Jointly owned property passes automatically to the co-owner, and dependants may challenge a will under the Inheritance (Provision for Family and Dependants) Act 1975. Executors handle estate administration and pay Inheritance Tax before distributing assets.
In Spain, forced heirship rules apply, granting automatic entitlements to spouses, children, and sometimes other relatives. Co-owned property is held as tenants in common, and the testator’s share forms part of the estate. The EU Succession Regulation governs applicable law. Executors are not required and have limited roles; beneficiaries are personally responsible for taxes and debts. Clients with assets in multiple jurisdictions often have separate wills, which can be complex to coordinate. Our private client team helps navigate succession issues, including intestacy.
How does English contract law differ from Spanish civil law?
English contract law is based on common law principles, relying heavily on case law and judicial interpretation. Spain’s codified civil law requires specific formalities and terms. Spanish businesses should be aware that English courts may interpret clauses differently, especially regarding termination, liability, and force majeure.
We advise on drafting and negotiating contracts that are enforceable and commercially sound in both jurisdictions, and we handle disputes over interpretation and enforceability.
How does the UK data protection law differ from Spain's post-Brexit?
The UK now operates under its own version of GDPR, known as the UK GDPR. While it largely mirrors the EU framework, there are some divergences. Spanish companies transferring personal data to the UK must ensure appropriate safeguards, such as Standard Contractual Clauses (SCCs).
We advise on cross-border data compliance, including privacy policies, data transfer agreements, and regulatory obligations.
What are the key considerations for Spanish companies leasing commercial property in the UK?
UK commercial leases are typically longer-term, with tenants responsible for repairs, insurance, and service charges. Spanish leases tend to be shorter and more regulated. Spanish businesses should pay close attention to break clauses, rent reviews, and repair obligations.
English property law can be unfamiliar to Spanish clients, especially concepts like beneficial ownership and leaseholds. We provide legal support throughout the leasing process to ensure fair terms and managed risks.
Acting for a Spanish HNWI in English divorce proceedings involving a Spanish marriage contract and a jurisdictional dispute between England and Spain.
Acting for a Spanish contractor in a litigation concerning the construction of a multi-million-euro mixed-use luxury building complex in the Mediterranean.
Advising a Peruvian client in English divorce proceedings on the recognition of her Peruvian marriage contract and registration of her divorce in Peru.
Acting for an employer against a Spanish contractor in SIAC arbitration in a US$60 million contract concerning infrastructure and terminal improvement works of an international airport in South Asia.
Advising an English client on enforcing Spanish civil and criminal judgments linked to a large estate debt from a failed land sale.
