Family Law Lawyers in Barcelona

There are two types of divorce, divorce by mutual agreement, also known as amicable or express; and contentious divorce.

On mutual consent divorce, the spouses sign a regulatory agreement. All the issues related to their breakup are fixed in it. For example, the conditions related to the custody of children and the use of the family home will be expressed.

In this case, both spouses agree to all the conditions, as well as to carry out the divorce. Generally, in this situation both spouses share a lawyer.

However, when there is no agreement between the spouses, either because one does not want a divorce or because one does not agree with the conditions, it is necessary to go to court through a contentious divorce.

In the latter case, a trial will be held and it will be necessary for each of the parties to have their own lawyer.

The Regulatory Agreement is the document written by spouses who divorce amicably. In it, they agree on all the economic conditions that have to do with their children.
This document expresses all the conditions of custody of the children, those related to assets acquired during the marriage, compensatory and alimony pensions, etc.

When breaking up a marital relationship, you may wonder if it is better to divorce, or simply separate from your spouse, and what the differences are between the two.

La Separation does not imply the breaking of the marriage bond. Therefore, although before the law both are separated, they live in different places, thus breaking their life together and the possibility of linking the assets of the other spouse ceases; It is not possible to remarry another person.

However, divorce results in the breaking of the marriage bond, allowing either of the two to remarry another person.

Yes. Currently it is not necessary for both to agree for a divorce to occur. Therefore, if one of the two spouses desires and requests separation or divorce, the judge will authorize it.

Furthermore, currently it is not necessary to have a cause to carry out separation or divorce. The will of one of the spouses is enough to break the marriage or carry out the separation.

The law establishes that it is necessary that at least three months from the time of marriage.

However, there is an exception. If the party who wants to divorce can prove that there is a risk to the life, liberty, physical or moral integrity, or sexual freedom and indemnity, of himself or his children, the divorce can be carried out without taking into account the term. of three months.

When you get married, you can choose two economic regimes: separation of assets or community property. This choice will determine what will happen to the assets acquired after the marriage. If you do not establish any option explicitly, the default option of your Autonomous Community will be applied.

In the case of getting married in Balearic Islands, the Valencian Community or Catalonia, the default regime will be Separation of Property; while, in the rest of the Autonomous Communities, the community property will govern.

The main difference between these two systems is the following:

• In the separation of assets, what each of the spouses acquires during the marriage will be theirs alone; and the same will happen with debts. Therefore, if one of the spouses buys a home alone, it will be theirs alone, and not both of them.
• In the community property regime, what each person acquires after formalizing the marriage will belong to both of them. Similarly, debts will also be shared between both.

The matrimonial property regime is modifiable.

Guardianship and custody refers to the care of minor children in normal life. However, parental authority refers to the legal representation of children.

Generally, when a separation or divorce occurs, both parents usually maintain the joint custody of their children. However, custody belongs to one of the two, except in cases of shared custody.

In cases in which custody of minor children is not shared, but is granted to one of the parents, with the other having a visitation regime; The second must contribute a monthly pension.

The purpose of this pension will be to support the children, and it is not a pension in favor of the ex-spouse, but rather of the minors.

The alimony is calculated taking into account the needs of minors, as well as the economic capacity from both parents.

No. The parent who has custody of the children cannot waive alimony. The reason she can't is because This pension is not intended for the parent, but to the children.

For this reason, if the custodial parent were to give up the support, they would be doing so to the detriment of their children.

There are those who think that alimony ends when the child reaches the age of majority. However, it's not always like that.

In fact, the alimony is still valid until the child is no longer financially dependent on his parents. Therefore, if he turns 18 but continues studying or does not find work, the parent has the obligation to continue paying alimony.

No. The parent who has custody of the children cannot unilaterally prevent the other parent from visiting her children. The impediment of seeing your children It must be a measure adopted by a Judge.

If you are in this situation, you can go to a law firm specializing in matrimonial law. In Vosseler lawyers We can help you carry out this procedure, demonstrating a repeated breach of the other parent's maintenance duty.

In cases where the marriage breaks down amicably, it will be the spouses who decide who will continue to have the family home, or if they will take some other equitable measure, such as selling it and dividing the money.

However, when there is no agreement on this matter, in the case of couples with children, they will continue to have use of the family home. the spouse who retains custody of the children.

This will be the case, even in cases where the house is owned solely by the spouse who leaves the home.

This pension is usually issued in favor of one of the spouses, when he or she has gave up working outside the home to take care of the family. If this happens and, after the divorce, that spouse has difficulties entering the labor market, the Judge may dictate compensation.

However, in recent years this pension has not been established systematically in all cases. In fact, it is only granted to couples of a certain age who have been married for a long time.

If you want to divorce your partner, it is best that you go to a good law firm specializing in matrimonial law, such as Vosseler Abogados.

To begin the procedure, you will need the marriage certificate, since this will support the union between you and your spouse. Additionally, if you have children in common with him or her, you will need the children's birth certificates.

On the other hand, for cases in which there are properties in common, it will also be necessary to provide the ownership titles of the family home and other common properties.

No. In the past, it was necessary to first request judicial separation and then file for divorce. However, since a reform carried out in the Separation and Divorce Law in 2005, It is not necessary to request separation beforehand.

In fact, if one of the spouses requests a divorce three months after the wedding, it will not even be necessary to present a reason for said marital dissolution.