Divorce lawyer barcelona

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separations and divorces

The services provided by our family lawyer consist not only of the defense of interests in litigious separation and divorce proceedings, modification of measures, allocation and termination of the use of the house and enforcement of sentences, but also drawing up mutual agreement separation and divorce settlements as a form of matrimonial provision in the event of a break-up.

  • Judicial processes of separations and divorces.
  • Amicable divorces and divorces by mutual agreement.
  • Modification of definitive measures due to substantial change of circumstances.
  • Enforcement of economic or personal measures.
  • Non-payment of alimony, extraordinary expenses, mortgage.
  • Study of the taxation of the economic measures resulting from the divorce.
  • Liquidation of the matrimonial regime, and in Catalonia, the possibility of the determination of a patrimonial compensation in accordance with the provisions of article 232-5 of the Second Book of the Civil Code of Catalonia (Libro Segundo del Código Civil de Cataluña).

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Lawyer and mediator

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CONESA-LEGAL-8-modifiedNOS PONEMOS EN CONTACTO

MATRIMONIAL NULLITIES

Nullity is the juridical declaration that a marriage is invalid due to the occurrence of certain circumstances at the time of the marriage, essentially the lack of some requirement, and which has retroactive effect to that moment, such that the marriage never existed. The intervention of an expert family lawyer is essential in these cases.

Civil Nullities

 

A civil marriage is null:

  • if it is contracted without matrimonial consent (because the contracting party lacks intelligence or adequate minimum knowledge, due to the influence of drugs, drunkenness, insanity, hypnosis, resulting in lack of awareness, or due to simulation or mental reservation).
  • if the marriage was contracted between direct relatives by blood or marriage, collateral relatives up to the third degree - unless dispensed - and those convicted as perpetrators of or accomplices to the intentional death of the spouse of any of them.
  • if it was contracted without the intervention of a judge, mayor or competent official or witnesses. 
  • if it was celebrated due to a mistake regarding the identity of the other contracting party or regarding personal qualities that, due to their significance, would have been decisive for the granting of consent
  • if it was contracted under duress or serious fear. 

Canonical nullities

A canonical marriage is null

  • if the marriage was contracted without the required consent (by mistake, coercion or serious fear)
  • if the marriage was celebrated in spite of impediments affecting the capacity of the contracting parties (inability to enter into the essential obligations of marriage)
  • if the formal requirements of the marriage were not met

taxation in matrimonial crises

 

Before finalising the process of marital separation, divorce or dissolution of a stable union, it is necessary to analyse the tax repercussions of the agreements and any measures that may be applicable.

For example, a compensatory payment will not be taxed in the same way as compensation for reasons of work.

Similarly, it should be borne in mind that the taxation of a dissolution of joint ownership is not the same if it takes place within a divorce process or independently of it.

The tax implications must be analysed not only in terms of their impact on personal income tax and wealth tax but also in terms of indirect taxation (stamp duty/transfer tax).

Ask our family lawyer in Barcelona about taxation in Catalonia.

DE FACTO UNIONS

 

Establishing a stable domestic partnership: for cases in which there are no children in common or the couple has not been cohabiting for a period of two uninterrupted years, it is possible to establish a stable domestic partnership by signing a notarial deed and living together communally as if married.

Breakdown of stable partnerships: the procedure for dissolving a stable partnership is similar to the divorce process with a series of particularities specific to the legal regime of de facto couples. In Catalonia, its regulation is contained in the Second Book of the Civil Code of Catalonia.

The services provided by the family lawyer consist of drawing up deeds of constitution of stable partnerships and defending break-up and dissolution of property proceedings.

family mediation

Family mediation is a voluntary process that seeks to find an out-of-court solution to conflicts that arise within the family or between couples, through the intervention of a qualified professional (mediator) who acts as a facilitator to help the parties reach a mutually accepted solution.

 
 

The mediation process is an alternative to the judicial process.

Each of the parties attends the mediation sessions without their lawyer present, but, in order to sign the final agreement, the lawyer's intervention is required to advise on the suitability of the agreement and its compliance with the law.

We are experts in family mediation as well as business mediation. Our family lawyer has undertaken a Master's Degree at the Barcelona Bar Association to combine her expertise as a lawyer with skills in mediation as a means of conflict resolution.

COMPLEMENTARY PSYCHOLOGICAL SUPPORT:

 

Our role in cases of this kind is fundamentally to reinforce the role of the mediator in order to achieve consensus between the parties. During this process, it is equally important to address the different emotions that arise on both sides, so that they do not stand in the way of a positive outcome.

marital contracts

 

Marriage contracts require the experience of a family lawyer who knows how matters end if the cohabitation turns sour. At Iusfamilia we are confident in our advice because we know how matters are settled in court.

A marriage contract is a contractual agreement made by the spouses, by virtue of which they may stipulate, modify or replace the economic regime of their marriage. Agreements in anticipation of a marital breakdown can also be included.

In Spain there are different matrimonial property regimes. Consult our expert family lawyers to find out which one applies to you.

The matrimonial property regime is the set of legal rules that regulate the pecuniary interests derived either from the relations of the spouses with each other, or from the interests derived from their dealings with third parties.

In principle, the matrimonial property regime will be that which the spouses stipulate in their marriage contract.

In the absence of a marriage contract, in Catalonia, the matrimonial property regime is that of separation of property, however, the parties may agree to a different regime through said marriage contract.

This may be done before or after the marriage and can be modified at a later date.

The services we provide include the drawing up of marriage contracts.

agreements in anticipation of marital breakdown

Agreements in anticipation of marital breakdown can be established both in anticipation of divorce and of the termination of stable partnerships.

They can be established in a marriage contract or in a public deed.

The parties may stipulate in them the personal, economic and patrimonial consequences that their break-up may have.

 


Stipulations can be made regarding child custody, alimony, pensions and compensations, the family home.

They will be taken into account by the judge.

 

Complementary Psychological support

Our role in cases of this kind is fundamentally to reinforce the role of the mediator in order to achieve consensus between the parties. During this process, it is equally important to address the different emotions that arise on both sides, so that they do not stand in the way of a positive outcome.

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