There are many ways in which people define what a family is. The RAE dictionary defines family as a group of people related to each other who live together or a set of ascendants, descendants, collateral and related lineage. This implies that any problem that may arise within the family will be particularly problematic for anyone involved in the unit. Therefore, that is when the family and family laws come together to resolve the differences experienced in the friendliest way possible.
Brief Statistics of Family Cases
Family law is a broad area of the law that deals with domestic relations and family affairs.
- In the last three years, 48% of judicial 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 judicial battles. Demands for child protection also proliferated, which resulted in court activities being higher than normal.
- In the same period, up to 5 million Spaniards divorced or separated. Of this figure, up to 38% of couples had children at the time of separation or divorce.
Therefore, family courts have witnessed an increasing number of cases. The 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 of 2018. In this article, we are going to see 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, fight for child custody, grandparent visits, review requests, administrative support hearings and appeals, adoptions, legal guardianship and changes in Name. The common cause of divorce is usually the breakdown of communication between spouses and family members. Divorce can become a brutal battle. Therefore, it is vital to choose a family law attorney who understands everything that is at stake and what you are going through.
2. Child custody
Parents have rights and duties to fulfill their minor children. They are supposed to protect their children, feed them and offer them comprehensive training, in addition to taking care of them. This means that both parents have an interest in the growth, development, and education of the children, despite the response to their care.
Even when parents agree to separate, they are required to continue exercising 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 one of the parents violates the rights and decisions of their counterpart about the child without proper consultation. Such violations can be prevented with an executed sentence and, in the end, it is necessary to modify the measures.
3. Guard and custody
When the couple separates, child custody can be granted to one of the parents, in most cases, to the mother. It can also be granted to both in what is called joint custody. In that case, the interests of the child will prevail, that is, the type of custody that guarantees the welfare of the child will be the one that seeks justice.
In most cases, children must continue to live with their parents. Therefore, a lawyer with experience in family law will defend the joint custody of 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 obliged to support their minor children. The 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 that each of the spouses. However, calculations vary in a myriad of factors and there are guidance tables that indicate child support in these legal proceedings. In cases of shared custody, there is usually no alimony involved. Therefore, each spouse contributes to their children’s expenses while living together.
5. De facto union
Although marriage is usually the most common union formula in Spain, the truth is that there are more and more couples who decide to formalize their relationship becoming de facto couples.
The rights of a common-law couple are increasingly similar to those of a marriage, although there are still differences. In case of death of one of the spouses, if he has not made a will, the inheritance rights of his 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 to be effective it will be necessary to prove,
6. Premarital Agreements or Capitulations
When two people want to marry, but want to ensure what will happen to their property in case 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 economically and to their children.
The most common economic regimes in our country are livestock, separation of assets and participation. When carried out before marriage, the preparation of the capitulations guarantees the objectivity and good faith with which the agreements have been reached, while facilitating divorce and liquidation of the estate.
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7. Inheritance Liquidation
It is quite common for conflicts to arise when distributing the assets of inheritance due to the lack of agreement between the heirs. The most frequent problem occurs when the heirs accept the inheritance but do not perform the partition or adjudication of property and ownership. In this case, it would be necessary to bring a judicial proceeding. However, this procedure can lead to 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 granted by law to an adult to care for a non-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 age of majority. It also comes to an end through a judicial resolution that puts an end to disability.
Family law conflicts are real and occur every day. While more can be done to prevent battles in family courts, when they occur, it is important to find a Family Law lawyer who enjoys a good reputation. This will ensure that you get a good deal and that the results of the case are favorable for both parties.