I will apply for joint custody so that I don’t have to pay maintenance – right or wrong?

I am sorry to have to tell you that this idea, with which many clients come to our office, unfortunately does not correspond to reality.   The aim of child maintenance in the event of divorce or separation of the parents is not only to fulfil the basic needs of the children, but also to [...]

By |February 20th, 2024|Civil, Family, Property law|0 Comments

Joint Custody: Supreme Court criteria for child welfare

Although joint custody has established itself as a general rule because it facilitates the child's relationship with both parents, its implementation is not automatic, as the exercise of joint custody requires not only an equal division of time, but also of parental responsibility.  For this reason, and in view of the fact that the best [...]

By |January 16th, 2024|Familia, Family|0 Comments

Everything about the new procedure of ‘incapacitation’

From September 2021, thanks to Law 8/2021, "incapacitation" will no longer exist in our legal system, as we have finally aligned ourselves with the International Convention on the Rights of persons with disabilities and the assumption underlying this Convention that a disability neither removes a person's legal capacity nor suspends their rights. This law abolishes [...]

By |December 11th, 2023|Familia, Family|0 Comments

What happens to the family home after the divorce?

Normally, the property that serves as the family home belongs to both spouses - either 50/50 or in unequal shares. In the event of divorce, this often leads to disputes as to which of the two spouses/owners may continue to use the property.  In these cases, it is highly advisable to dissolve the shared ownership [...]

By |November 28th, 2023|Familia, Family|0 Comments

Am I allowed to publish pictures of my child on social media or not?

"Am I allowed to publish pictures of my child on social media or not?" is one of the most frequently asked questions for new parents today. But this question becomes a real conflict when parents separate: Am I allowed to post pictures of my child on social media if the other parent doesn't agree?  The [...]

By |November 14th, 2023|Familia, Family|0 Comments

Non-payment of alimony

In case of non-payment of alimony of one parent the other parent can file an enforceable claim through a lawyer and solicitor requesting to comply with thr obligation and, if necessary, that sufficient assets be seized to cover the amount of unpaid alimony in addition to the costs of the process and the interest generated.  [...]

By |November 7th, 2023|Familia, Family|0 Comments

What is child maintenance, what does it include and who pays it?

Child maintenance or alimony is the financial contribution to be paid between parents in case of need. Our Civil Code states that this child maintenance means everything that is necessary for sustenance, housing, clothing, medical care, education and instruction. Unless otherwise mutually agreed, maintenance includes all the ordinary expenses of the minor children (school start-up [...]

By |October 31st, 2023|Familia, Family|0 Comments

Do grandparents have the right to see their grandchildren?

Article 160 of Spanish Civil Law recognizes the grandparents’ right to have contact with their grandchildren. That is to say, unless there is just cause – i.e. danger of harming the child's development or mental health - the grandparents cannot be deprived of spending time with the child, so that neither the poor relationship between [...]

By |October 24th, 2023|Family|0 Comments