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Specialized in Mutual Agreement Parental Measures

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CUSTODY AND CARE

Shared
Paternal
Maternal

CHILD SUPPORT

Amount
Guidelines
Expenses

PARENTAL AUTHORITY

School
Education
Residence

COMPENSATORY MAINTENANCE

Dedication
Employment
Temporary

VISITATION RIGHTS

Weekends
Overnight stays
Schedules

HOME ALLOCATION

Family
Minors
Agreements

PROBLEMS

01
My partner and I have reached a complete agreement regarding the custody and care of our children.

We need a lawyer to draft a legal regulatory agreement for us.
Make your free consultation: Your opportunity to start over is just one click away
02
We are completely in agreement on the terms related to our children.

We need a lawyer who can draft a legal agreement that faithfully reflects our agreement.
Schedule your free consultation today and feel the relief of having an expert team by your side
03
Although our relationship as a couple has ended, we remain committed to the shared upbringing of our children.

We are looking for a lawyer who can formalize our agreement in a legal manner.
Book your free consultation and discover how we can transform your situation

SOLUCIOTIONS

PSYCHOLOGICAL SUPPORT

Professional support focused on protecting the emotional well-being of minors and helping parents manage the separation process responsibly.

LEGAL CONSULTATION

Personalized legal advice to establish mutual agreement parental measures that prioritize the best interests of the child.

FAMILY MEDIATION

Mediation processes aimed at reaching peaceful, fair, and lasting agreements between both parents.

I am Javier Sanz, a family lawyer specialized in Parental Measures

I know you have many options when seeking legal assistance, but I want you to be so satisfied with our work that you always rely on our law firm to defend your most personal rights.

WE HAVE THIS ABILITY TO EMPATHIZE WITH YOUR PERSONAL SITUATION, QUICKLY BECOMING YOUR TRUSTED LAW FIRM.

This is the reason why so many clients always rely on our firm to handle their family matters.

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The standard of care we guarantee you

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Phone and WhatsApp

+34 637 342 483

Email

hola@abogadoviolenciadegenero.com

WHAT YOU SHOULD KNOW

Who is entitled to the custody of my children?

How is the visitation schedule regulated?

How much is paid for child support and/or spousal support?

Who is awarded the family home?

Testimonios

Las reseñas que me animan a seguir esforzándome

David
David
Un asunto muy delicado de custodia de un hijo me lo ha llevado de manera más que diligente. Y no solo eso, sino que en cierto modo se implica de manera personal. Conoce el derecho y conoce como tratar a un tipo que va preocupado a su consulta. Me ha llamado incluso en fines de semana para preocuparse por mi tema. En ocasiones parecía más un amigo que un abogado, pero os aseguro que al final era abogado, y muy bueno. Solo puedo hablar bien de él.

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CONTACT US FOR MORE INFORMATION

What does the procedure consist of?

Parents reach an agreement on all important parental measures, such as custody, visitation arrangements, child support, and use of the family home.

REGULATORY AGREEMENT

With the help of a lawyer, they draft a regulatory agreement that details all the agreements reached regarding parental authority, custody, visitation regime, child support or compensatory allowance, and allocation of the family home.

RATIFICATION BY THE PARTIES

The regulatory agreement is submitted to the corresponding family court. Parents must personally ratify the agreement before the judge, who will verify that the agreement is fair to both parties and respects the best interests of the children.

JUDICIAL APPROVAL

If the judge considers that the agreement complies with all legal regulations and adequately protects the interests of the children, the agreement will be approved through a court ruling, granting it binding and enforceable effect.

ADDED VALUE

MUTUAL AGREEMENT IS THE BEST SOLUTION TO AVOID WASTING YOUR TIME AND MONEY

With this professional and strategic service, we will help you sign a Fair Regulatory Agreement with your partner and, in addition:

– You will formalize the measures with your partner at a very affordable cost

– The agreements reached will be easier to comply with, as they were decided by yourself

– You will increase your level of satisfaction by adapting legal circumstances to your reality and not the other way around

– You will be able to use the Regulatory Agreement to enforce it before the court in case of non-compliance with the agreements reached

Book your Free Consultation

We offer our initial support with no obligation.

Phone y Whatsapp

+34 637 342 483

Email

hola@abogadoviolenciadegenero.com

Sure you still have questions

I have prepared a list with some of the most frequently asked questions, but if you still have doubts, write to hola@abogadoviolenciadegenero.com and we will help you.

Decisions affecting minor children must regulate: the exercise of parental authority, the custody and care regime (shared or sole custody), the visitation schedule, holidays, communications and stays; child support, the percentage of extraordinary expenses to be assumed by each parent, and the attribution of the use of the family home.

Parental authority is the set of obligations and rights that the law grants to parents with respect to relevant decisions in the lives of their non-emancipated minor children, and it shall always be exercised for their benefit and in accordance with the provisions of Article 156 of the Civil Code.

Parental authority is always shared, unless, in order to protect the children, the contrary is established by judicial decision. Likewise, and on a specific basis, its exercise may be granted exclusively to one parent for the adoption of a specific decision with respect to which the parents are unable to reach an agreement.

Without constituting a closed list, the following decisions would fall under parental authority:

  • Deciding on the school the minors must attend or a change thereof.

  • Deciding whether the minor should attend a psychologist or receive any type of medical or professional treatment, or undergo any type of surgical intervention (provided that the decision does not need to be taken urgently, without the possibility of consulting the other parent at that time).

  • Deciding the Autonomous Community in which the minor will reside, in the event of relocation.

  • Deciding whether the minor may or may not receive First Communion.

  • Deciding whether the minor may/must undertake certain trips abroad (whether for study or leisure purposes).

In short, any decision that significantly affects the life of the minor.

The custody regime regulates the residence and communication of minor children with their parents and may be sole or shared. It is entirely independent of parental authority. The type of decisions included under this arrangement is limited to ordinary or day-to-day decisions that may arise in the child’s daily life and that will be made by the parent who is with the child at any given time (for example, what the child should eat, how to organize their routine at home, etc.).

To determine the amount, the specific circumstances of each case must be taken into account, considering both the financial capacity of the person obliged to pay and the needs of those who receive it, and it must be proportionate to those circumstances.

Child support may be increased or reduced provided that an unforeseeable change occurs, sustainable over time, beyond the control of the person requesting the modification, and of sufficient significance compared to the situation considered at the time it was determined—both with regard to the obliged party (payer) and the recipient (beneficiary).

The visitation regime is a legal agreement established between the parents of a minor when a separation or divorce occurs. It consists of a set of rules and guidelines that determine when and how the non-custodial parent may visit their son or daughter.

This agreement seeks to protect the best interests of the minor, guaranteeing their right to maintain a relationship with both parents, even after separation. In addition, it allows parents to organize and plan visits, avoiding potential conflicts and misunderstandings.

It is important to note that the visitation regime is not an exclusive obligation of the non-custodial parent, but also of the parent who has custody. The latter must facilitate the visits and encourage the minor’s relationship with the other parent, provided that it does not negatively affect the child’s well-being.

Spousal support is a legal concept in family law that is established to balance the economic inequalities that may arise as a consequence of a divorce or separation. This support is granted to one of the spouses when the divorce or separation creates an economic imbalance that negatively affects one of the parties, especially if one of them has devoted more time to caring for the household and children to the detriment of their professional career or personal development. Below, I explain some key aspects of spousal support:

Objective

The main objective of spousal support is to ensure that the spouse with fewer resources, or who may find themselves in a situation of economic disadvantage due to the marriage and subsequent divorce, can maintain a standard of living similar to that enjoyed during the marriage, while achieving economic independence.

Criteria for Granting

The granting of spousal support is based on several factors, such as:

  • Duration of the marriage: The longer the marriage has lasted, the more likely it is that support will be granted.

  • Age and health status of the spouses: Special consideration is given if one of the spouses is older or has health problems.

  • Economic and professional capacity of each spouse: The ability of each spouse to earn income after the divorce is assessed.

  • Contributions to the family: It is considered whether one of the spouses has sacrificed their career to care for the household or children.

Duration

The duration of spousal support may be temporary or indefinite, depending on the circumstances of the case and local legislation. In many cases, it is established for a sufficient period of time for the beneficiary to obtain the education or work experience necessary to support themselves independently.

Modification and Termination

Spousal support may be modified or terminated if the economic circumstances of either spouse change. For example, if the recipient significantly improves their financial situation or if the payer suffers a deterioration in theirs, the support may be reviewed or cancelled. In addition, it is usually terminated if the beneficiary remarries.

Legal Process

To establish, modify, or terminate spousal support, a judicial process is generally required, in which a judge will evaluate the arguments and evidence presented by both spouses.

Spousal support is an essential tool in family law to ensure economic fairness and justice after a divorce, allowing both spouses the opportunity to maintain an adequate standard of living and adapt to their new life circumstances.

The attribution of the family home in a divorce or separation process is an important decision that is made by considering several key factors to guarantee the well-being of the most vulnerable parties, especially the children. Below, I explain how this decision is made and under which criteria:

Determining Factors

  1. Presence of Minor Children: The most decisive factor in attributing the family home is the custody of minor children. Generally, the use of the home is granted to the parent who is awarded custody of the children, with the aim of providing stability and continuity in their living environment.

  2. Economic Situation of the Spouses: The economic capacity of each spouse to obtain alternative housing is taken into account. If one of the spouses does not have sufficient means to find a new home, this factor may influence the decision.

  3. Ownership of the Property: Ownership of the property may also be relevant, especially if the property belonged to one of the spouses prior to the marriage or if it was inherited or received as a donation.

  4. Contributions to the Home: In some cases, consideration is given to which spouse has contributed more to the maintenance or payment of the home, although this factor usually carries less weight than the previous ones.

Judicial Process

The attribution of the family home is determined during the divorce or separation process through a judicial ruling. The judge analyzes all the factors mentioned and makes a decision based on the best interests of the children and the circumstances of the spouses.

Temporary or Permanent Nature

  • Temporary: The attribution may be temporary, depending on circumstances such as the age of the children or the need for one of the spouses to have time to adapt to their new economic situation.

  • Permanent: It may be permanent depending on property ownership and the agreements reached by the spouses, or as a result of a judicial decision in the divorce process.

Special Situations

In cases without children or where the children are already independent, the decision becomes more complex and will depend more on other factors such as prenuptial agreements, the economic situation of the spouses, and contributions to the home during the marriage.

The attribution of the family home is therefore a complex issue that seeks to balance the emotional and economic needs of the children and the spouses, ensuring the fairest and most appropriate solution for all parties involved.

When a modification of measures is requested through contentious proceedings, it is essential to prove that the requirements established by law and case law are met:

Substantial change: There must be a relevant change compared to the circumstances that led to the adoption of the definitive measures.

Permanent change over time: It must be a stable and lasting change, not merely temporary or circumstantial.

Supervening change: The alteration must not have been foreseeable at the time the measure being modified was approved.

Change unrelated to the person requesting the modification of measures: The change in circumstances must be due to objective causes, unrelated to the will of the person initiating the new proceedings.

Change duly proven by the party requesting it: The change in circumstances must be sufficiently proven by the person requesting the modification of the measures.

It is normal to have doubts about what legally belongs to you, but when your lawyer is specialized in an area of law, they have in-depth knowledge of the rulings issued by judges within that jurisdiction.

This gives us, as specialists, a competitive advantage that we know how to leverage in order to structure the claim and win cases.

Once the Regulatory Agreement is signed by both parties, the court representative (procurador) will submit it to the court, which in less than one month will schedule an appointment to ratify it before the Judge.

It will be necessary to provide the following documentation:

  • Marriage certificate from the Civil Registry.

  • Birth certificate of the child(ren) (if any). In the event of capacity modifications, the court ruling indicating such modification.

  • Regulatory Agreement.

  • Certificate of residence registration.

The mutual agreement Regulatory Agreement is a contract agreed upon by the parties, in which all family obligations and patrimonial matters following their separation or divorce are regulated.

The Regulatory Agreement is governed by the principle of autonomy of will, which means that the spouses may establish whatever they deem appropriate, provided that:

  • It is approved by the competent authority: the judge through a judgment or, where applicable, by a notary in a Public Deed.

  • It contains the minimum legal content (art. 90 CC).

Yes, if a substantial modification of the existing conditions at the time the Agreement was approved occurs.

The modification of previously approved measures may also be carried out by mutual agreement or through contentious proceedings.

No, in that case it will be necessary to initiate contentious proceedings, as there is no agreement of wills.

Currently, we only have offices in the Valencian Community to assist our clients in person, but there is the option of hiring our services anywhere in Spain.

This service includes advice for both parties, but the request must be made jointly.

In any case, we could try to convince your current partner that this route is the most appropriate for their interests before filing a contentious claim or, even once filed, the matter could be redirected to a mutual agreement at any time before the judgment is issued.

According to Article 90 of our Civil Code, the Regulatory Agreement must contain, at a minimum and whenever applicable, the following points:

  • The care of the children subject to the parental authority of both parents, the exercise of such authority, and, where applicable, the communication and visitation regime of the children with the parent who does not usually live with them.

  • If deemed necessary, the visitation and communication regime of grandchildren with their grandparents, always taking into account the best interests of the minors.

  • The attribution of the use of the family home and household goods.

  • The contribution to marital expenses and child support, as well as the bases for updating such contributions and any guarantees, where applicable.

  • The liquidation, where appropriate, of the matrimonial property regime.

  • The compensatory allowance which, in accordance with Article 97, may be payable, where applicable, to one of the spouses in order to balance their economic situation, as well as the duration of said allowance.

Given that separations and divorces are complex personal situations, in which fundamental interests of both parties come into play, as well as those of the minor children of the marriage, sometimes reaching an agreement becomes impossible, requiring the matter to be redirected to a contentious divorce or separation.

To establish a shared custody arrangement, it is necessary to determine how childcare and daily care of the children will be distributed, as well as to define possible rotations and periods of cohabitation between the parents. In addition, the children’s registration address is also taken into consideration in this situation.
 
Distribution of childcare and daily care of the children
In shared custody, both parents share responsibility for raising the children in an equitable manner. This involves distributing time and tasks related to the daily care of the minors in a similar way. Both parents must actively participate in aspects such as nutrition, hygiene, emotional support, and the children’s education.
 
Possible rotations and periods of cohabitation
To establish a shared custody arrangement, it is common to set a rotation of cohabitation periods between the parents. This may be weekly or biweekly, depending on the specific circumstances and the agreement reached by both parties or as determined by the judge. During these periods, the children live alternately with each parent, thus ensuring a close relationship and proper development with both parents.
 
Registration address of the children
Regarding the registration address of the children in cases of shared custody, it is generally agreed or established that they are registered at the domicile of one of the parents. This decision is made considering aspects such as the family home or the child’s ties to their school. However, it is important to take into account that this aspect may vary depending on what the parents agree upon or what is established by the judge in each specific case.
 
Change duly proven by the requesting party:
The change in circumstances must be sufficiently proven by the party requesting the modification of the measures.

It is normal to have doubts about what legally belongs to you, but when your lawyer is specialized in a specific area of law, they have in-depth knowledge of the judgments issued by judges within that jurisdiction.

This gives specialists a competitive advantage that we know how to leverage in order to structure the claim and win cases.