There are many ways in which people define what a family is. The RAE dictionary defines the family as a group of people related to each other who live together or a set of ancestors, descendants, collaterals and relatives of a lineage. This implies that any problems that may arise within the family will be particularly problematic for anyone involved in the unit. Therefore, it is then that the family and family laws come together to resolve the differences experienced in the most friendly way possible.
Brief Statistics of Family Cases
The family law is a broad area of law that deals with domestic relations and family matters.
- In the past three years, 48% of court events were battles in family courts. Of these, 56% proceeded to trial, while 44% reached a prior agreement. Custody and visitation cases accounted for 9% of all court battles. Demands for child protection also proliferated, resulting in higher court activities than normal.
- In the same period, up to 5 million Spaniards divorced or separated. Of this number, up to 38% of couples had children at the time of separation or divorce.
Therefore, family courts have witnessed an increasing number of cases. Divorce cases are the most worrying, since between January and March 2019 they have reached 129,136 cases. This figure represents a 6% increase over the same period in 2018. In this article, we will look at some of the most common cases that family law attorneys face on a day-to-day basis.
These are the most common family law cases. Other areas covered in family law include legal separation, annulments, habeas corpus procedures, fighting for child custody, grandparent visits, petitions for review, administrative support hearings and appeals, adoptions, legal guardianship and changes of Name. The common cause of divorce is usually a breakdown in communication between spouses and family members. Divorce can be a brutal battle. Therefore, it is vital to choose a family law attorney who understands everything at stake and what you are going through.
2. Child custody
Even when parents agree to separate, they are required to continue to exercise their parental authority over their young children. However, there are exceptional cases in which the courts can confer this responsibility on one of the parents. However, there are cases in which a parent violates the rights and decisions of their counterpart regarding the child without proper consultation. Such violations can be prevented with an enforced sentence and, in the end, it is necessary to modify the measures.
3. Guard and custody
When the couple separates, custody of the children can be awarded to one of the parents, in most cases, to the mother. It can also be awarded to both in what is called joint custody. In such a case, the interests of the child will prevail, that is, the type of custody that guarantees the welfare of the minor will be that which pursues justice.
In most cases, minors must continue to live with their parents. Therefore, an experienced family law attorney will advocate for joint custody of the children.
This remains one of the most common family law cases that family law attorneys handle in their daily careers. When parents with children divorce or separate and the court establishes custody of one of them, the other spouse is required to support their minor children. Alimony means not only food, but also your health and education. Therefore, in such a situation, the judge declares that a monthly payment is made for each of the minors.
The amount to contribute depends on the child and the income of each of the spouses. However, estimates vary on a myriad of factors, and there are guidance tables that indicate child support in these court proceedings. In joint custody cases, there is generally no alimony involved. Therefore, each spouse contributes to the expenses of their children while living together.
5. De facto union
Although marriage is usually the most common form of union in Spain, the truth is that more and more couples are deciding to formalize their relationship by becoming de facto couples.
The rights of a domestic partner increasingly resemble those of a marriage, although differences still exist. In the event of the death of one of the spouses, if the latter has not made a will, the inheritance rights of their partner will depend on the place of residence, since it is the responsibility of the autonomous communities. The deceased’s partner is entitled to a widow’s pension, although for it to be effective it will be necessary to prove at least five years of living together.
6. Premarital Agreements or Capitulations
When two people want to get married, but want to ensure what will happen to their property in the event of separation or divorce, they must sign a premarital agreement. In Spain, more and more couples tend to specify the terms that will govern their separation, both from the economic point of view and with respect to their children.
The most common economic regimes in our country are: profits, separation of assets and participation. When performed prior to marriage, the preparation of the capitulations guarantees the objectivity and good faith with which the covenants have been reached, while facilitating divorce and liquidation of the estate.
7. Liquidation of Inheritances
It is quite common for conflicts to arise when dividing the assets of an inheritance due to the lack of agreement between the heirs. The most frequent problem occurs when the heirs accept the inheritance, but do not carry out the partition or adjudication of goods and titles. In this case, it would be necessary to initiate legal proceedings. However, this procedure can cause inconveniences, so it is essential to have the advice of a professional office to avoid conflicts and bad transactions.
Guardianship is another family law case and is defined as the authority given by law to an adult to care for an emancipated minor or a disabled adult. The adult must be appointed by the judge to assume responsibility. This responsibility, however, ends with the minor’s coming of age. It also comes to an end through a court ruling that ends disability.
Family law conflicts are real and happen every day. While more can be done to prevent family court battles, when they do occur, it is important to find a reputable Family Law attorney . This will ensure that you get a good deal and that the results of the case are favorable to both parties.