You & the Law in Spain


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Spanish law defines anyone under 18 to be a minor, subject to parental control or adult supervision. You must provide ID i. The Police have the right to hold you at a police station until your identity is confirmed. Being caught in possession of even a small quantity of drugs can lead to arrest and detention. Possession of large quantities will probably result in prosecution and a custodial sentence if convicted.

Child maintenance and use of the matrimonial home are available. There is no difference within or outside of marriage. The costs and expenses of the child, such as upbringing, clothing, education, healthcare, etc. The incomes of each parent are also taken into account when considering maintenance and which spouse remains in the matrimonial home.

The Spanish General Council of Justice has produced an illustrative table of child maintenance calculation for the Courts, lawyers, parents, etc.

vLex Spain - vLex

The main aim is to facilitate the estimation of child maintenance nationwide to encourage agreements between the parents. For example, can a child seek maintenance during university? The child can seek maintenance during university. They can, however, be made in inheritance proceedings and some other cases, such as to protect disabled children.

When they cannot agree on an issue, they must take the matter to a Court which will issue an order stating which parent decides this specific matter.

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Parental responsibility will not be affected by a divorce. Children are considered adults by the Court when they are 18 years old. Under the Spanish Law of Civil Procedure, a child must be heard at Court when they are 12 years old or older. Children orders can be made until the children are 18 years old. Does the court automatically make orders in relation to child arrangements in the event of divorce? If the parents must make a decision concerning the child and they cannot agree, they must issue a proceeding and the Court will issue an order stating which parent can decide in this specific matter for example, religious issues, medical treatments, surgery, choice of school, etc.

Yes, the Court must automatically make a child arrangements order on divorce. The Ministerio Fiscal cooperates closely with the Court and has a similar education and professional background as a Judge; however, they are not independent because they are Spanish Government Civil Servants.

The legal system

A parent can also request the Court to order interim measures regarding maintenance, custody, rights of access and use of the family home until the Divorce Decree is produced. For example, can they take a child abroad? They can take a child abroad on holidays unilaterally. They are equally treated in relation to parental responsibility, child arrangements and use of the family home. If so, does the child meet the Judge? Most Family Courts have a psychologist that prepares a welfare report upon the request of the parents, the Ministerio Fiscal or the Judge.

If they are much younger, the Judge will only take into account the welfare report to avoid disturbing the children too much with the divorce proceedings.

The Ministerio Fiscal cooperates closely with the Court and has a similar education and professional background to a Judge but they are not independent because they are Spanish Government Civil Servants. What methods of dispute resolution are available to resolve disputes relating to children? Grandparents, siblings and other close relatives also step-parents have the right to be in contact right of access with the children, according with article Better employment opportunities for the parent who wants to move, as well as wider family support in the new place are also taken into account.

If both parents are foreigners, it is easier to relocate internationally. If one parent is Spanish, and therefore the child is too, it is more difficult. The main ground to allow relocation in Spain is a better job with better financial prospects for the custodial parent when the earnings of the left-behind parent are not relevant and it would provide a better standard of living to the children. Other factors are the distance between the left-behind parent and the new home, the existence of wider family support in the new residence, etc.

For example, is your jurisdiction a party to the Hague Convention? There have not been any new laws in Spain in the last two years regarding the Family jurisdiction. There is a draft bill to rule pets in family disputes, which will modify some articles of the Civil Code. Spain: Family Law Chapter content Free access.

What does the law say?

Finances on Divorce. Marital Agreements. Cohabitation and the Unmarried Family. Child Maintenance.

Bizarre and repressive laws in Spain

Children — Parental Responsibility and Custody. Children — International Aspects. Yes, the parties can have an uncontested divorce. Yes, they are directly recognised by all parties of the Brussels II a Regulation.


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Separation proceedings are treated like divorce proceedings. Yes, they can. Article 19 of the Brussels II a Regulation is applicable between parties. After a divorce, it is normally expected that each spouse supports him or herself. How to give evidence of the Foreign Law before the Spanish Court : 1. The children remain in the matrimonial home with the spouse who has custody of them. No, it is not. Spain is not party to the Hague Convention of The foreign divorce must be recognised by the Spanish Courts.

The most complicated part was the switch to the spanish law and to find the right way how to deal with it. You showed this to us within such an incredible short time, which is just amazing. That was a fast response! Rafael and his team did an excellent job representing me in court today…….. Rafael was aggressive and gentle at the appropriate times surrounded by all females in the court room. He made very clear arguments in short time and highlighted key points in the wash of information with great poise…….


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Nick was also very helpful with a smooth and concise delivery in his interpreting and perfectly quiet voice , as I had a hard time keeping up with the fast Spanish. Octavia was sweet, smart and a very supportive assistant by calming down my initial nervousness. Thank you to all for your efforts today please forward to Nick my appreciation!

How does a power of attorney work in Spain?

Gracias Rafael!

You & the Law in Spain You & the Law in Spain
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