Spanish Family Law encompasses a range of legal matters related to family relationships, including marriage, divorce, child custody, and inheritance.
The recent update to the Family Law in Spain, known as the Ley de Familias, aims to support families by providing additional benefits such as extended paid leave for caring for sick children and a new monthly child benefit. It also grants similar rights to unmarried couples as those of married couples.
For those seeking to understand the intricacies of Spanish Family Law, it’s advisable to consult with legal experts, especially since family law can be quite complex and emotive. If you need more detailed information or specific advice, I recommend reaching out to a professional lawyer who specialises in Spanish Family Law.
Spain recognizes both civil and religious marriages.
• Couples can choose between two marital property systems: community of assets or separate assets.
• Same-sex marriages have been legal since 2005.
Divorce can be filed unilaterally or mutually after the marriage has lasted at least three months.
• Spain allows for no-fault divorce, meaning that a specific cause is not required.
• The process can involve mediation to reach an agreement on financial settlements and child custody.
• In the event of a divorce, both parents retain parental rights unless decided otherwise by a judge.
• Joint custody is encouraged, but the welfare of the child is the paramount consideration.
Spanish law provides for forced heirship, meaning a portion of the estate must go to the children and surviving spouse.
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