Although EU legislation gives Spanish courts extensive latitude to decide divorce cases with various international elements, not all situations are included. If a Spanish court accepts a divorce petition in a case that does not fall under its jurisdiction due to its international elements, the respondent may use a tool known as a declinatoria to challenge the proceedings due to lack of jurisdiction.
When joint custody of minor children is determined in a divorce or separation proceeding, it is necessary to decide how cohabitation will work and how the marital home will be used. In this regard, one option that lawyers specializing in family law are increasingly asked about is known as “bird’s nest parenting”. What exactly is this, and to what extent is it feasible?
When talking about a divorce or separation, children are often the first concern that comes to mind. However, those who have a dog or other pet know how important animals can become to a family. On certain occasions, disputes over who will take responsibility for the pet can lead to litigation. How are such situations resolved?
Conflicts arising from a divorces with international elements can lead to difficulties related to jurisdiction when the former spouses settle in different countries. If measures related to minor children are a common source of disagreement, what happens in situations involving a minor for whom measures were determined in their previous country of residence who has now moved to Spain?
Several months or even years may elapse between the start of divorce proceedings and the judgment that confirms and establishes the terms of the divorce. However, in such divorce scenarios, there are often various contentious aspects that need to be resolved as soon as possible, sometimes even before filing the petition itself. What legal solution is available for these situations?
When seeking advice regarding a divorce, one of the first matters to be dealt with will be the way it is going to be processed: by mutual agreement of the spouses, or through litigation when one of the parties unilaterally files a petition that the other spouse will have to respond to. What are the practical differences between these two types of divorce?
Although the evolution of European Union legislation has contributed to many advancements in terms of the cross-border application of court rulings, it is still often necessary for citizens to take action so that what has been decided by the justice system of one country is enforced in another according to EU law. This often happens when there is a conflict in terms of family law rulings.
In Catalonia, whenever a couple with minor children divorces or separates, there is a unique and essential element that both parties must understand: the parenting plan, whose existence has been provided for in the Civil Code of Catalonia since the approval of Law 25/2010. What are its characteristics?
Given that the start of the school year involves an average expenditure of around 300 euros per child according to some estimates, the return to classes may lead to arguments between divorced parents as to who is responsible for paying for their child’s school supplies.