We have wide experience as Lawyers in Marbella of Family Law. One of the most relevant decisions and one of the most emotionally difficult to take during our lives is to start a divorce process or any similar process related to family law (i.e. custody of children, etc.).
It is crucial before taking any decision related to any family law matter to find a lawyer who can provide not only accurate and expert legal advice, but also the required confidence to discuss such a sensitive matter.
At MT Legal Marbella Solicitors, we will be grateful to provide you with legal advice tailored to your personal case.
FAQ About Family Law
When both spouses are in agreement about the terms of their divorce, this can be documented in a contract called “Convenio Regulador”, which both spouses have to sign and submit to the court. If there are children involved in the divorce process, this agreement will be supervised by the Public Attorney (“Ministerio Fiscal”) to ensure that this agreement does not harm the children’s interests.
The divorce agreement must include the terms and conditions of the divorce with regards to, at least: the custody of the children, the children’s alimony, and the use of the family home.
After the divorce, the custody of the children will be granted to one of the parents, and in some cases when some requirements are met, it can be jointly granted to both parents.
Apart from the custody distribution, it will be very important to clarify the terms of the visits, stays and communication of the non-custodial parent with the children, as well as the distribution of the school holidays. Our family law experts will provide you with the appropriate advice for your particular case in this respect.
Both parents must financially support the children’s needs, whether they are custodial or non-custodial.
The normal practice is that the non-custodial parent pays a monthly alimony to support the children’s needs.
The amount due for alimony varies depending on the financial situation of both parents, the number of children, and also on the special needs that any of the children may have.
The alimony payment will cover the ordinary expenses of the children. In the event that there is any extraordinary expense to be paid, this should be paid equally by both parents, unless otherwise agreed. An extraordinary expense is one which is not foreseen but is necessary for the children’s care (i.e. glasses).
Our family law solicitors will explain to you in more detail what your situation is with regards to alimony payments.
The attribution of the use of the family home is particularly relevant when the property is owned by one or both spouses.
If there are minor children, the use of the family home is normally granted to the custodial parent.
If there are no minor children, or custody is jointly granted, then the use of the house is normally granted to the parent who is in the worse financial situation.
We will advise you about how the use of your family home would be assigned.
The terms of the divorce, approved either by the spouses or through a litigation divorce process, can be modified in the event of substantial alterations in the circumstances that concurred when the divorce was approved.
This substantial alteration of circumstances can be related to the alimony payments (i.e. if the custodial parent loses his/her job and cannot afford to comply with the current alimony payment terms, etc.). Should you wish to get advice about the feasibility of an eventual modification of the terms of your divorce, please contact MT Legal Marbella Lawyers.
The terms of the divorce are compulsory for both parents, so if one of the spouses is in breach of the terms of the divorce (i.e. for not paying alimony, for not allowing the non-custodial parent to visit the children, etc.), the spouse affected by the breach can request in court the enforcement of the measures approved with the divorce.
The enforcement can involve fines for the spouse responsible for the breach of the divorce terms, and even the modification of the terms of the divorce. In some cases, it can also involve criminal responsibility (i.e. non-payment of alimony).Should you have any problem related to the enforcement of the terms of your divorce, please contact MT Legal Marbella Solicitors and we will advise you accordingly.