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Family Law in Spain

Family Law in Spain

Updated on Monday 18th April 2016

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family law in spain.jpgThe Spanish Civil Code includes the main elements related to Family Law that are important for local citizens and also for foreign investors who have family legal issues during their stay in this country. Family Law concerns legal issues such as getting married, divorce, separation, dissolution of marriage, matrimonial property regime, custody for children etc.

The foreign entrepreneurs who perform a business in Spain and live there for a certain period of time together with their families may encounter different legal issues concerning their family, so they may need the legal advice of a Spanish lawyer. A local attorney will explain you the legal procedures in case of marriage, divorce or separation and the Spanish regulations that must be followed. The law firms in Spain can offer information for special cases of divorces between a Spanish citizen and a foreign one from EU or non-EU countries.

Divorces in Spain

The most common cases related to Family Law are divorces that can be terminated at the both spouses’ request or when one of the spouses asks for a divorce, no matter the opinion of the other. The spouses can ask for a divorce or a separation after minimum three months of marriage.

Spain can be chosen as a country for divorce by citizens who live there and have a residence in this country. In the same country, the legal issues related to children will be decided by a judge based on the local legislation and the wishes of the parents. For example,  one of the spouses can ask for children’s custody or can make an offer regarding a payment for the maintenance and the other spouse should answer to the offer.  

Children’s custody

After the issue of custody for children is solved, the both ex-spouses will have the responsibility regarding the future of their children, especially in matters concerning health and education, in which the two parents have equal responsibilities and rights.
One of the spouses can receive a maintenance in Spain only if he/she can prove that is economically disadvantaged by the divorce.

This is usually the case of one spouse who gave up his/her career in order to take care of the children, while the other spouse earns a high salary and he/she can pay a monthly allowance.

If you need more information about the Family Law in Spain and your rights and duties, you may contact our law firm in Spain. Our Spanish lawyers will represent you in case of a divorce in all the stages of the litigation.



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