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 [...]
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 [...]
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 [...]
"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 [...]
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. [...]
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 [...]
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 [...]
One of the most common confusions in family proceedings in Spanish law is between the concepts of “PATRIA POTESTAD” (parental authority) and “GUARDA Y CUSTODIA” (guardianship and custody) of minor children. Parental authority is the right and duty of parents in relation to their children. The Spanish Civil Code establishes that it shall be exercised [...]
