If you are experiencing family problems and require the services of a family lawyer in Marbella, then the expertise of our committed team of lawyers at Lex Malaka may be exactly what you need. We strive to offer effective solutions tailored to your situation, your personal needs and those of your family.
Given the importance of family relationships in our lives, special care must be taken with the way we manage these relationships in certain situations and moments of crisis. Therefore we recommend seeking counsel from one of the family attorneys in our firm, as we have extensive experience working on family law matters in Marbella, and our team of experts will be able to provide not only accurate and expert legal advice, but also the personalised attention and confidence required to discuss such sensitive matters.
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Our services for family matters and divorces
In order to resolve family issues in the best possible way, our family law firm in Marbella offers a wide range of services in order to adapt to all your needs. We invite you to learn more about the services we offer so that you can understand how we will be able to help you.
Our lawyers can provide expert advice on parental authority and custody, alimony, legal claims and regulatory agreements. All of these situations can present complicated family scenarios, which is why our professionals will strive to work in a way that adapts to your personal and family needs.
Parental Authority and Child Custody
Who makes decisions with regard to the children in the event of a divorce or separation - only the parent they live with, or both? The truth is that there are many issues to be considered in this respect, which is why relying on our lawyers can clarify the process.
First and foremost, it is important to differentiate between parental authority and child custody, as they are two different matters. Understanding how to distinguish between these two concepts can help to clarify which duties each of them entails, regarding the decisions that are to be made about the children. Parental authority includes a series of rights and obligations for parents with respect to their children, regardless of whether the child was born of the marriage or adopted. Parental authority is the right and duty of the parents to keep the children in their custody and company.
Maintenance / Child Support
Maintenance, or child support, includes everything relating to the sustenance, clothing, housing and medical care of unemancipated children, not only food. It also includes everything relating to education while the child is a minor, and also afterwards, if the child has not completed their education for reasons for which they are not responsible.
In other words, maintenance includes everything that is basic and necessary for the day-to-day life of the child or the family. Alimony is paid by the non-custodial parent for minor children, as well as to adult or emancipated children who have no income of their own for reasons beyond their control. Therefore, it is essential to understand that the fact that a child has reached the age of majority does not imply that the right to continue receiving maintenance is terminated.
Regulatory Agreement
One of the main points that should be taken into account with regard to the regulatory agreement is that a marital crisis is no obstacle to the continuation of parent-child duties, which are mandatory, nor to the lifting of family responsibilities, which last beyond the separation of the couple.
Parents must reach an agreement on how to deal with the maintenance of their children, whereby the private regulatory power, which is set out in the regulatory agreement, will always take precedence. For this reason, receiving counsel from a team of expert lawyers in this field can prove extremely useful, so that the best stance can be found and the interests and well-being of the child or children are kept as a priority at all times.
Legal Claims
In those cases in which a divorce is carried out by mutual agreement, it is necessary to take into account the regulatory agreement. In these cases, the spouses sign the document, which is responsible for regulating the relationships, rights and obligations they will have once the divorce is finalised.
When the divorce decree has been issued by mutual agreement, this agreement becomes binding and has to be complied with by both spouses. Failure to comply with the obligations, by either party, can have various consequences. Failing to comply once the judge has approved the agreement and incorporated it as a divorce decree, means the spouse is considered the injured party, and can sue the other party for breach of the agreement.
We are expert divorce lawyers in Marbella, Spain
Are you looking for specialist lawyers in divorce or separation procedures? Then our team of professional attorneys may be just what you need, whatever your circumstances. We are well aware that certain difficulties can arise in relationships, and we are here to help you in any type of divorce or separation. The best course of action is always to seek professional advice, in order not to make mistakes that may have severe consequences later on.
Nowadays, it is common practice to search for answers on the internet, but very often, the information you can find may not be the most adequate for your circumstances. Issues such as alimony, maintenance or child support, and settlement agreements must be dealt with by professionals in order to avoid complications.
Divorce by Mutual Consent
Divorce by mutual consent, also known as consensual divorce, is the legal institution by means of which the effects of marriage are terminated in a non-contentious manner. This divorce is regulated by the Civil Code and the Civil Procedure Act.
This process can be carried out before a notary, except in cases where there are minor or dependent children. In this case, the presentation of a regulatory agreement is required, in which case the help of our professionals can be really useful.
An important detail that should not be overlooked is that it has personal, economic and filiation-related effects, which come into effect at the time of the judicial sentence, or the notarial act. Divorce by mutual consent can also be agreed by means of the formulation of the regulatory agreement before a court clerk.
Contentious Divorce
A contentious divorce is the one through which the dissolution of the marital relationship is carried out, a process that is carried out before a judge and for which it is highly recommended to have the help of a team of professionals, since there is no official agreement on the request for divorce or the contents of the regulatory agreement, and therefore the consent of both parties is not required.
Contentious divorce has some special characteristics, which are regulated by article 770 of the Spanish Civil Procedure Act (Ley de Enjuiciamiento Civil). This type of divorce is applied when there is no mutual agreement between both spouses on the request for divorce and on the terms of the regulatory agreement. It can also be initiated by either spouse, so the consent of the other is not required.
Keep in mind that it cannot be requested before three months have elapsed since the marriage took place, except in cases where there is a risk of physical or moral integrity.
Express Divorce
Express divorce is a regulation in which, when certain requirements are met, it is established that the marriage can be dissolved without the need to appear in court, as the notary or the lawyer of the Administration of Justice will be in charge of ratifying the couple’s divorce.
An important detail that should not be overlooked is that the express divorce is a divorce by mutual agreement, in which a series of requirements must be fulfilled in order for it to be carried out. In addition, it has some unique particularities that our team of professional lawyers will clarify.
Among the requirements that this type of divorce has, without a doubt, the most important one is that it has to be an amicable divorce by mutual agreement, in addition to the fact that the couple cannot have minor children. Divorce with unanticipated minor children can be by mutual agreement, but the Public Prosecutor’s Office will have to assess the measures by the regulatory agreement.
Frequently Asked Questions about Divorce and Family Law in Spain
What are the requierements for a divorce on Spain?
In Spain there is no requirement to allege any cause or reason for divorcing. The procedure applies even if the couple got married in another country, and there is no need to be separated for any amount of time in order to start the process, although there are certain requisites:
- You have been married for at least 3 months before proceedings are initiated.
- You must provide evidence, such as your registration (Empadronamiento) at the City Council, that you have lived in Spain for more than 6 months before the separation.
- One of the two members of the couple is a Spanish resident or a Spanish national.
How long does a divorce in Spain take to become effective?
The length of time it takes to get a divorce will depend on whether you’re filing for divorce with or without mutual agreement, and the judge’s decision when considering the evidence presented by both parties. The minimum length of mutual consent divorce proceedings in Spain is four months.
However, things can easily get more complicated and take longer if the parties have children in common, since the terms of the agreement need to be approved by the prosecutor in order to ensure their interest is respected, and reviewing the agreement lengthens the process. Therefore, it can take 4 to 6 months for a straightforward divorce to become effective, but a contested divorce can take more than a year.
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