Family Lawyers Barcelona

Lawyers and mediators: inheritances, separations, annulments, children's rights...

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Who are we?

IUSFAMILA

Family Lawyer in Barcelona

We are a team of family lawyers, mediators and psychologists specialising in family matters. We help clients with their familial issues in a discreet, professional and personal manner. We deal with conflicts through mediation, negotiation or litigation if necessary. We have years of experience and are constantly updating our knowledge of the latest developments in family matters.

Derecho de familia Conesa Legal

 

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INHERITANCE

 
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SEPARATION AND DIVORCE

 

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CHILDREN'S RIGHTS AND LAWS

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ANNULMENT

Maria Serra Abogada y Mediadora                                             

 

WHY IUSFAMILIA?

iusfamilia was created with the aim of offering a complete service to the client who comes to us with a query, request or problem related to family law in its broadest sense, covering all of its branches.

We are therefore family lawyers specialising in inheritance and in separations and divorces, modifications of measures, non-payment of alimony/child maintenance, ecclesiastical annulments, divisions of common property and shared custody, and we also cover other areas such as paternity claims and/or contestations, adoptions, alteration of the order of surnames or changes of name, international child abduction, declarations of incapacity, inheritance, preparation of wills, causa mortis and living wills, family protocols, agreements in anticipation of break-up and marriage contracts, among other matters.

 

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INHERITANCE

Plan your inheritance and we will manage it quickly and safely. We plan for inheritance taxes and we count on the experitise of specialist civil lawyers. Contact us about inheritance timings, legitimate inheritance, etc.

 

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SEPARATION AND DIVORCE

Legal proceedings for separations and divorces: amicable or by mutual agreement, modification of definitive measures due to substantial change of circumstances, execution of economic or personal measures, etc.

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Declaration of nullity/Annulment

How to get a marriage annulment, when it may be granted, cases of annulment, how the process of marriage annulment works 

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Childrens' Rights and law

Adoptions, adoptive filiation, international child abduction, foster care, biolaw, laws on minors and grandparents, emancipation, non-voluntary placement, etc.

How do we work?

Our way of working is streamlined and transparent.

The service begins with an initial meeting with our family lawyers in which the client explains the matter and conveys their queries, concerns and worries. We then offer a first assessment of how we will approach the matter and draw up a commitment-free quote. The quote is discussed with the client, which in each case is adapted to the particularities of the particular situation, and the method of payment is agreed.

And then we handle the matter ourselves; we keep the client informed at all times, we listen and attend to their requests and concerns, we meet with them as often as necessary, we attend to their calls or e-mails, or we contact them.  In short, we look for ways to achieve the highest possible client satisfaction.

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What do we do?

Our family law services offer:

Advice from expert lawyers on the preparation of digital wills.
Removal of all personal data and information about the deceased, including images, comments, blogs and social media profiles so that the deceased's right to be forgotten is preserved through blanket deletion.

Compilation of all information available and found on the Internet about the deceased and making it available to the family.

 

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legal help in spain

 

We can help you in Galicia too, with family lawyers in Lugo.

 
 
 
 
 
 

Collaborative Lawyer

Collaborative law course

On the 27th of April 2024, María Serra gave a class on negotiation as part of the collaborative law course that is being taught at the University of Law of Barcelona, at the headquarters of the Pere Pons Foundation. 

 

 

   

María explained to the students the differences between distributive and integrative negotiation: 

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Integrative negotiation is the opposite of distributive negotiation

Distributive negotiation is that which is usually expressed through marketing or haggling, in which the parties defend their positions, without taking into account other elements in the negotiation, always starting from the idea of division. Each party asks for something that is in opposition to what the other party is willing to give. Negotiations are based on sacrifice and concession. It always involves one party gaining something at the cost of the other party losing something. Part of the confrontation is based on the parties defending their positions - what they are asking for - without looking at other elements of the negotiation.

 

Distributive negotiation would be a negotiation in which the seller demands a sale value A, and the prospective buyer demands a purchase value B, and they reduce, in the event of an agreement, the space between the two positions until a mutually satisfactory common ground is reached.

 

This type of negotiation is considered to be not interest-based but position-based (although the parties‘ perceived interests underpin their positions) and its use generally does not lead to improved relations between the parties, but rather to a deterioration of the parties’ relations, as well as a gain is sub-optimal to that which could have been produced if the parties explored their interests together.

 

On the contrary, integrative negotiation is based on the idea of cooperation and the satisfaction of the parties' interests. The idea is to put the parties in the mindset of looking for solutions beyond the obvious and easy solution of division.

 

Win-win negotiation involves understanding the interests of the parties in order to generate creative options that move away from the traditional concept of distributive negotiation, where one party wins and the other loses.


In integrative negotiation, interests are at the centre, although it is recognised that the rights of the parties and third parties and the power of the individuals concerned will influence the process and outcome of any negotiation.

 

The attitude of the parties can alter the chances of gain or loss. A negative and uncooperative attitude can reduce the chances of future gain, which can happen, for example, when the parties go to court and invest their resources in new legal actions, expert reports, etc. instead of producing gain through new investments or projects. Ultimately, the benefit they might gain would be reduced by this uncollaborative strategy.

Maria Serra derecho colaborativo - 1We move from a state of confrontation to a state of collaboration, shoulder to shoulder, and to this end an element that was not present in the first moment is introduced: the value to contribute, so that the negotiation rises to another level in which the parties can create value. From here, the parties can begin to understand each other's need for concern.

Parties can also create value when they seek and find creative solutions that meet everyone's interests, for example, when they have complementary skills or common interests.

 

 

Check out this page for more information about the Catalan Collaborative Law Association.

 

 


 

mediador de familia cataluña

 

THE HANDBOOK FOR FAMILY MEDIATORS IN CATALONIA

This book by María Serra Muñoz covers the essential fundamentals of family law and the latest regulatory updates that are crucial for any mediator. In addition, it outlines a wide range of approaches from the psycho-educational field, detailing fundamental tools and techniques for mediators seeking to improve the effectiveness of their interventions in the resolution of familial disputes.

Browse the contents

Buy the book

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FREQUENTLY ASKED QUESTIONS ABOUT FAMILY LAW

Nowadays, married persons and civil partners have the same rights in matters of inheritance and leasing. In matters of acquisition of nationality there are some differences, as well as in matters of the right to receive a widow's or widower's pension, which the law makes more difficult for civil partners. 

It depends on whether the divorce is by mutual agreement or contentious. In the first case, between 3 and 6 months, in the second, between 8 months and one year.

Culpable divorce has not existed in our country since the so-called Express Divorce Act of 2005, so the law does not punish the person who may have misbehaved.

If you are in the process of separating and you feel that there is too much tension, you can leave the home as a precautionary measure, in which case it is advisable to sign a document containing a declaration of intent, which does not entail any abandonment of obligations or waiver of rights.

Failure to pay, for two consecutive or four non-consecutive months, the maintenance ordered by the judge is considered abandonment of the family, in general terms, and this type of behaviour is a criminal offence.

If I have been granted the right of use of the marital home, then I can change its lock. 

The law does not set a fixed amount but it does give a criterion, which is that the maintenance allowance must be directly proportional to the needs of the person being fed and the means of the provider.

The last will is the valid one, therefore, if after having made a will I get divorced and then die, that will will be valid, but the stipulation made in favour of my spouse will be presumed revoked unless the contrary is alleged.

Divorce causes the dissolution of the marital bond, separation does not. Therefore, if, once divorced, I return to live with my partner and I wish to invalidate what was stipulated in our divorce, I will have to remarry. However, if I was separated and then return to live with them and I wish to revoke what was stipulated in the separation, then I must submit a reconciliation file to the judge so that he/she may revoke and annul the sentence of separation, and the marriage will be valid again.

Proof of uninterrupted cohabitation for 2 years, or having a child in common, or notarising the constitution of the civil partnership.

Until the children are financially independent.

Obtaining joint custody does not necessarily mean not paying child maintenance.  If my ex-partner's financial capacity is lower than mine, I will be obliged to contribute more than my ex-partner to the maintenance payments for our children.

In most cases, this may imply equal or similar periods of stay, but this is not always the case. The care may be shared and there may not be a 50% equivalence of time, but rather 40-60% equivalence of time, for example.

Even if you have sole custody, a decision on a change of school or domicile of a child that involves removing the child from his or her usual environment requires the consent of the parties; if there is no agreement, the judge must decide.

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Tell us briefly how we can help you so that we can assign the lawyer who can best advise you.