The Spanish Supreme Court in its Judgement of 9 June 2017, Rec. 1495/2016, has clarified once again (and hopefully once and for all) that shared custody is considered to be the best and most beneficial care arrangements for a child, overcoming certain practical difficulties that before could have prevented the determination of shared custody, such as the distance between the parents home . In Spain, it is the preferable regime applicable, and it is for the parties to prove the reasons why for that particular case custody shall not be shared.
Seguir leyendo “Too far to share custody?”
Child maintenance is about providing for a child’s living costs and education. Its legal reasoning does not allow for it to be extended indefinitely nor to end it too soon. In Spain, the fact that children turn 18 years old is not a reason to automatically put an end to child maintenance. Parents are expected to continue paying child maintenance if the children are studying at university for example or they are not financially independent. Seguir leyendo “Child maintenance and coming of age – when should I cease paying?”
One of the many improvements introduced by Spanish Law 15/2015 of 2 July on Voluntary jurisdiction is the possibility to divorce (or legally separate) before a Notary Public by means of a Deed. However, it is required that the spouses are divorcing by consent and that they do not have children under the age of 18. Seguir leyendo “Divorce by consent before a Notary Public”
In divorce proceedings, when we can foresee an international jurisdiction dispute between two or more jurisdictions, the moment service of the divorce petition is effected may be crucial. Seguir leyendo “The crucial moment: International service of judicial documents in family matters”
Local authorities are now considering whether or not they will be renewing and increasing the cadastral value of properties. Seguir leyendo “Be aware of the increase of the local rates of your Spanish property”
Under article 4 of the Spanish lawyer’s Code of Conduct, the relationship between client and lawyer is based on confidence and requires that the lawyer’s professional conduct is trustworthy, honest, loyal, true and diligent. According to the Spanish Supreme Court, confidence is the base of this relationship, and the lack thereof will cause its termination.
In respect of the protection and privilege of communications between lawyers and clients, the first consists consist of professional privilege and the second is the right to confidentiality. Seguir leyendo “Communications between lawyers and clients: privileges and protections”
Under the Spanish Civil Code, the spouse of the deceased is entitled to the lifetime usufruct of a third of the inheritance (known as “betterment third”). The spouse has the exclusive right to use the property until their death, after which, the property passes down to the children of the testator. The spouse cannot change who the beneficiaries to the property are, and in turn, the children cannot forcefully remove the spouse from the estate. Seguir leyendo “THE “SOCINI” CLAUSE”
Insurance companies are not always willing to implement laws that protect customers against the abuses that some big corporations tend to commit. With this in mind, they sometimes use legal tricks to avoid the consequences of these regulations, created for the benefit of the weakest part of the agreement. Seguir leyendo “WILLIAMS V MAPFRE: ARE WE AS COVERED AS WE BELIEVE?”
The European Supervision Order (ESO) is a European Directive that is designed to reduce the need for pre-trial detention. It is an alternative option that allows non-resident defendants to be held under supervision by the state that they consent to. Seguir leyendo “European Supervision Order”
Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order (EEO) for uncontested claims designed a way to speed up the enforcement of civil cases in Member States. However, it is still necessary for the claimant to go before the courts in the defendant’s residence country and get a judgment against the debtor. Once a judgment is obtained, the claimant must apply to have it certified as a EEO. What is the applicable legislation in Spain, specifically in relation to loans guaranteed by mortgages? Seguir leyendo “European Enforcement Orders and Spanish law”