Spanish Family Law
As a foreigner coming to Spain, it is important to count with the assessment of a professional in the legal area who can explain you in your own languages the Spanish Laws in force. If you are willing to come with your family it is even more important to know the regulations involved in the Spanish Civil Code in order to avoid misunderstandings or further problems. As a bilingual Law Firm our attorneys are fully aware of the needs and issues that a foreigner may find once living in Spain, thus just with a legal appointment you could receive valuable information regarding any family legal matter you have.
The Spanish Civil Code deals with the following aspects among others:
- Marriage The Spanish Civil Code foresees civil marriage and religious marriage, though the second is optional. The civil marriage offers certain legal guarantees such as rights on properties, inheritance, tax calculation, adoptions or child custody. In order to get marry, the couple must prove before the corresponding Civil Registry that they meet all the legal requirements to get married. Such file shall be presented with sufficient time to be processed. It is important to consider that at least one of the intended spouses must hold the Spanish nationality or at least be a legal resident in our country for 2 years prior the marriage. Other documentation to be included in the file must be the following:
- Birth certificates of the intended spouses.
- The certificate of permission to marry (“certificado de Capacidad Matrimonial”)
- Civil partnershipsThe Spanish laws also consider the union of two persons even of the same sex who are living together. The “parejas de hecho” are meant to offer legal framework and protection to those couples who are cohabiting. While the marriage offers such guarantees immediately, a couple must formalize their civil partnership for this purpose.
- Prenuptial Agreements.In general, the community property regime is selected for many couples when marrying. This means that all the assets acquired during the marriage are owned by both spouses in equal rights. However, some couples prefer to sign a prenuptial agreement in order to protect any good acquired prior the matrimony and to select the terms and conditions of any future assets acquired during their marriage in case of divorce. Our attorneys can guide you over this and help you drafting the same.
- Nullity, separations and divorce.According to the Spanish Law any of the spouses can file for divorce after three months of marriage. Such time may vary if there are certain situations causing the divorce such as abandonment of the family home, effective cessation of marital life, offensive or domestic violence. If you need legal guidance to settle an uncontested or contested divorce, our lawyers can help you protecting your interests and rights.
Nullity is granted based on the grounds of bigamy, marriage of minors, or when the legal union has not met all the formalities pursuant to the law. The dissolution of marital bound can occur for divorce, death or declaration of death of one of the spouses.
- Child custody, visitation rights and maintenanceOnce the procedure of dissolution of marriage begins and there are minors involved the procedure can turn difficult if the spouses cannot reach a settlement out of court. Our family lawyers can guide you and represent you when looking for best conditions for alimony, child support, visitation rights and custody. It is important to mention that the judge will always consider the best scenario for the minor.
- Child abduction.If one of the parents or family members takes a minor away and out of the country breaching any agreement in relation to custody or visitation rights, the Spanish government has signed an international treaty for helping bringing the child back to Spain. This action is considered a punishable offence, thus our Law Firm’s attorneys will be there to assess you and explain you the procedure to protect your rights and bring safely your child back to his/her home country.
Our lawyers know very well the Spanish Civil Code and they can help you to solve any matter in relation to this, so contact us now.