Family Law

These rules will be contained in the pacts that the spouses have reached in the matrimonial capitulations in case they have been granted, and failing that, the regulation contained in the Civil Code will apply or, in the case of regions with Foral Law, by the corresponding Compilations of Civil Law specific to each Community.

There is total freedom on the part of the spouses when it comes to regulating their matrimonial regime, being able to introduce the clauses that best suit their particular situation, as long as they are not contrary to the Law, or adopt one of the legally regulated regimes.

In the event that the spouses did not make marriage agreements in which they established a different regime, in the areas where common law governs (that is, except in the Basque Country, Catalonia, the Balearic Islands, Galicia, Navarra and Aragon, regions in which it will be necessary to attend to the specific regulation on the matter) the legal regime of community property will be applied.

Concept of non-compliance with judgment

When there is a breach in any of the pronouncements included in the sentence that includes the separation or divorce of the spouses, or the establishment of paternal-child measures, the affected party may request an execution of the sentence in order to make the situation be normalized.

It is common for non-payment of pensions, non-payment of extraordinary expenses, breaches of the visitation regime… so it will be necessary to go to a professional as soon as possible who tells us the best way to claim our rights.

Our family lawyers in Torrevieja, specialists with extensive experience in Breach of Judgment or Regulatory Agreement, will be able to offer you our professional services in all matters related to Breach of Judgment or Regulatory Agreement.

At present, and thanks to the reform of the Civil Code in July 2005, the spouses can directly access the divorce, contentious or mutual agreement, without first having to go through a separation process.

Marriage is the union of two people, of the same or different sex, by virtue of which, through a public agreement for the Society, they establish a community of life. When this link is broken, it is done through the separation or divorce procedure, for which you will need a lawyer or family lawyer specialized in the matter.

Although Spanish legislation does not expressly regulate the marriage of transsexuals, this situation has been resolved in the registry field as of the resolutions of January 8, 2021 and January 31, 2021 that authorize the marriage of transsexuals, surgically operated and with a judicial sentence registered in the Civil Registry agreeing to the change of sex, with a person of a different legal sex, even if the biological sex of the contracting parties coincides.

Domestic partnership breakup concept

A “Domestic partnership” is formed on a lasting and stable basis by two people (regardless of their sexual orientation), with sufficient capacity and without a marriage bond who, regardless of their sex and developing a life together, meet spontaneously and voluntarily duties of reciprocal responsibility and solidarity.

The jurisprudence is clear when it comes to not completely equating the situation of Domestic partnership couples with marriage, since they are completely different legal figures, since the cohabitants are free to marry or not to marry, and if they marry, assume a series of burdens and obligations, but also receive certain advantages or benefits; and if they do not marry, they are free of those burdens and obligations but, for the same reason, they cannot enjoy the advantages or benefits that that situation implies.

After the rupture of the Domestic partnership, in the event that there are children, the set of rights and obligations that make up parental authority, whose ownership corresponds to both parents, remains the same. However, the cessation of cohabitation obliges to modify the exercise of some of the rights and duties of the parents.

DEFINITION AND ESSENTIAL ASPECTS OF THE COMPENSATORY PENSION:

• It is that amount of money that one spouse gives to another when a marital breakdown occurs in which there is an economic imbalance between the parties.
• The compensatory pension must be requested by whoever understands that the economic imbalance has occurred with the separation or divorce, and it is granted provided that said situation is proven.
• The compensatory pension can be agreed between the parties or requested judicially.

The factors that will be considered when setting the compensatory pension are mainly:

• The age and state of health of the spouse who requests it.
• Professional qualification and possibility of accessing a job.
• Past and future dedication to the family.
• duration of the marriage.

The compensatory pension must always be requested at the moment in which the separation or divorce proceedings begin, since otherwise any right that could have been held in this regard will be lost.

It is that amount of money that is agreed in favor of one or several minors in order to cover those essential expenses for their support, room, clothing, medical assistance, education and instruction in the event of separation or divorce.

To determine the alimony pension, distinct factors are considered, and it must be proportional both to the means of the person who gives the food and to the needs of the person who receives it.

The proportionality criteria cannot be understood mathematically, since there is no formula that allows an exact calculation of a pension in money, but it will always be set in such a way that both the obligee and the obligor have sufficient income to be able to face the daily living expenses.

After a separation or divorce, a series of measures are adopted, which are those that will regulate the economic relations between the until then spouses or between them and their children.

These measures adopted based on certain facts at the time of the rupture, may vary over time, so in the event that this occurs, there will be the possibility of initiating a procedure to modify the measures in order to to adapt them to the current reality.

The modification of measures can be conducted by mutual agreement or in a contentious manner.

Legal capacity is the ability to be the holder of legal rights and duties and corresponds to every human being by virtue of being a person. It is an equal capacity for every human being.

Different from this is the ability to act, which is the ability to exercise rights and duties and is not the same for everyone. Incapacity is the lowest degree of capacity to act, that is, he lacks the necessary aptitude to exercise his rights and fulfill his duties. It is the person acting in the legal world through another person, his legal representative.

This is the degree that corresponds to the person who has been legally incapacitated and would also be the degree corresponding to any minor person until he reaches the age of majority.

Article 199 of the Civil Code defines precisely what judicial incapacitation is and to whom it can occur. Specifically, it is a legal situation in which a natural person, for reasons of age, physical or mental health, ceases to rule over his assets and his own person. The person in charge of doing it is another subject who, generally, is a relative.

The joint ownership, co-ownership or condominium is a legal situation in which a property, property, home, or other type of right belongs to several people (co-owners). The community of goods also receives the name of condominium or co-ownership.

Our Law Firm is highly specialized in providing solutions to such situations in which one of the co-owners wants to sell and others do not. We will have to go to the extinction procedure of joint ownership.