Family Law Lawyers Marbella

When both spouses agree on the terms of their separation, those terms are documented in a written settlement known as the Convenio Regulador, signed by both parties and submitted to the court. If minor children are involved, the agreement is reviewed by the Public Prosecutor (Ministerio Fiscal) to confirm that the children’s interests are properly protected. When no agreement can be reached, a contested judicial process is required and the court itself decides on the key matters — custody, maintenance, family home use and asset distribution.

Spanish family law always prioritises the best interests of the child when deciding custody. Custody can be granted exclusively to one parent or, when certain legal requirements are met, jointly to both (custodia compartida). Beyond the custody arrangement itself, the agreement must also regulate visitation rights, overnight stays, communication with the non-custodial parent and the distribution of school holidays. Our family lawyers in Marbella tailor the proposal to the real situation of each family rather than applying a generic template.

Both parents — custodial and non-custodial — have a legal obligation to financially support their children. The non-custodial parent typically pays a monthly child maintenance amount that varies according to each parent’s income, the number of children and any special needs of the minors. Ordinary child-related expenses are covered by the maintenance amount, while extraordinary expenses (for example, glasses, medical procedures or specialised tutoring) are normally split equally between both parents unless otherwise agreed.

The attribution of the family home is one of the most sensitive issues in any family law procedure. When there are minor children, the use of the family home is generally granted to the custodial parent, regardless of who holds the property title. When there are no minor children, or custody is jointly granted, the home is normally assigned to the spouse in the more vulnerable financial position. We assess each case individually because the outcome depends heavily on the ownership structure, the children’s situation and the economic balance between both parties.

Yes. The measures approved by mutual agreement or court ruling can be modified when there is a substantial change in the circumstances that were in place at the time of approval. Typical examples include loss of employment that affects the maintenance payments, a relocation, a significant rise or fall in income, or substantial changes in the children’s needs. To request a modification, the change must be proven, stable and material — not temporary. We help clients evaluate whether a modification is viable before initiating the procedure.

The terms agreed in the Convenio Regulador or imposed by judicial ruling are legally binding on both parents. When one party fails to comply — for example, by not paying maintenance, withholding contact with the non-custodial parent or breaching the visitation regime — the affected party can request enforcement before the family court. Possible consequences include fines, the obligation to comply with the original measures, modification of the existing terms, and in serious cases such as persistent non-payment of child maintenance, even criminal liability.