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”
In Spain, surrogacy is forbidden under article 10.1 of the Law 14/2006 of 26 May on human assisted reproduction techniques, which states that all surrogacy agreements are null and void.
Due to this regulation, many Spanish residents are traveling to countries where this technique is legal. However, problems arise when parents want to register their children at the Spanish Civil Registry. Seguir leyendo “Surrogacy in Spain – far from recognition”