Family and divorce lawyers in Barcelona

It is the document in which the spouses set out the arrangements for the separation. In Catalonia, if there are children in common under their parental authority, it must include the parenting plan and the children's maintenance and, where appropriate, the compensatory payment, the use of the family home, compensation for work in the home and the winding-up of the matrimonial property regime (article 233-2 of the Codi civil de Catalunya). If there are minor children or children with support measures the court approves it; if not, it can be formalised before a notary or a court clerk.

It depends above all on whether there is agreement: a divorce by agreement moves much faster than a contested one, which requires a claim, a defence, a hearing and sometimes an expert report. No fixed date can be given.

It is the document, provided for in the Codi civil de Catalunya, in which the parents set out how they will exercise their responsibilities after the separation: who the children live with, how time and holidays are divided, who deals with school and health matters. Where there are minor children it has to be filed, whether or not there is agreement.

As a general rule, no: the default regime under Catalan civil law is separation of property, unless there is a marriage settlement. Even so, there are accounts to settle: dividing what is jointly owned, settling shared debts such as the mortgage and assessing arrangements particular to the Codi civil de Catalunya, such as financial compensation for work done for the family or the compensatory allowance.

Yes, by applying to vary the orders, but being unhappy is not enough: a substantial and lasting change of circumstances has to be evidenced. Non-compliance is another matter: if the maintenance is not paid, the answer is not to vary the judgment but to enforce it.

As far as the children are concerned, no: child arrangements, the parenting plan and maintenance are decided on the same criteria. What changes is the effect as between the adults, depending on whether or not the relationship falls within the stable partnership provisions of the Codi civil de Catalunya.

In an uncontested divorce the spouses jointly submit the settlement agreement (convenio regulador), which the court approves or, if there are no minor children or adult children with support measures assigned to the spouses, is formalised before a notary or a court clerk. A contested divorce is when there is no agreement: one spouse files a claim, the court may set interim measures during the case and the judgment decides custody, the compensatory payment, compensation for work in the home and the use of the family home. In both cases no grounds have to be given for the divorce.

Without an agreement, the court gives the use of the home preferably to the parent who has custody of the children, for as long as that lasts. If custody is shared, if there are no children or they are adults, the use goes to the spouse in greater need, and that allocation is temporary, with a possible extension (article 233-20 of the Codi civil de Catalunya). It is a right of use: it does not change who owns the home.

Often, yes. Whether the Spanish courts can hear the divorce depends mainly on where the spouses live or last lived; in some cases nationality also counts. Which law applies is a separate question that is checked at the first visit. In court divorce proceedings the law requires an abogado and a procurador; in a divorce by mutual consent both spouses can share them. In some uncontested cases a divorce can be done before a notary, with a lawyer but without a procurador. If you were looking for a divorce solicitor or attorney in Barcelona, Ajuridic can assist you in English. More on how Spanish lawyers compare with solicitors and attorneys.